Can a default be registered twice for the same debt?

cmcco79

Hi,
I hope someone can help me!
I had a default registered in 2006, the debt was sold to McKenzie Hall in 2012 & they registered the debt as another default.

McKenzie Hall won't remove it. I have contacted Equifax with proof that it has been registered twice but they say as McKenzie Hall said the default is correct they won't remove it.

Surely a default can't be registered twice for the same debt??

Any advice appreciated x

happy_bunny_2

Correct, they cannot, but sometimes do to get your attention. Read this then send them a written complaint:
http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

happy_bunny_2

You paid or acknowledged in writing recently? If neither for 6 years its statute barred and they cannot make you pay.

Sometimes they add another default just before 6 year point to make you contact them in writing or and if you are not careful you reset the 6 year clock.

cmcco79

Thank you for the replies. The original default is statute barred so just have this one from McKenzie Hall.

cmcco79

happy_bunny wrote: »

Correct, they cannot, but sometimes do to get your attention. Read this then send them a written complaint:
http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Do I complain to the information commissioner or McKenzie Hall?

Buzby

MH first. You give them 28 days to prove you gave explicit permission to modify your file. If they refer to the original creditor, you confirm that default was already registered and give hem 14 days to remove it.

Add the rider if they do not, you will make a formal complaint to the ICO of their paying fast and loose with the DPA.

vikingaero

Amazing how low some DCA's will go with no-one providing an effective sanction against them. It's rot from the top downwards.

happy_bunny_2

cmcco79 wrote: »

Do I complain to the information commissioner or McKenzie Hall?

Mck hall, then the FOS if no joy. Could also report to OFT for unreasonable behaviour.

Raise disputes with CRA at the same time but they seem to be largely useless from what I read on here.

shaunnnny

i had this problem original default with t-mobile then they sold the debt on years later and lowell also placed a defult for the same account, however the default dates are the same so they are not a fresh default been placed

cmcco79

Hi,

Mackenzie Hall are saying that as the debt remains unpaid they will not remove the default. I have pointed out the default was previously registered but they don't seem to care.

I know 100% the default was registered with the original company, but Equifax won't provide me with a copy of my credit report from 2012 which proves it. Is there anyway of getting this? Will I need it if I take my complaint further?

cmcco79

I found a copy of my credit report from last year which indeed shows a default with the original company was added in 2006. I phoned Mackenzie Hall & advised them of this. Didn't make a blind bit of difference!!

They basically think they can purchas the debt & put a new default on my credit file. So for a debt of almost £300, I have a default lasting 12 years!!!