new default on account settled 3 years ago

allegra_2

Hi all, I'm hoping for some advice here please if I may. I had defaulted on a credit card debt back in 2009 due to health issues affecting my ability to work at the time but soon got back on track although this debt was passed to a collection agency. I agreed and payment plan and then settled this debt with them in August 2010 via 2 payments.

This month I've received a notice from another debt collection agency indicating that they are after settlement of this debt. I've also look at my credit report and can see they have registered a new default against me as of July this year.

I have queried the exact nature of this debt with the debt collection agency and they have said they will request further information and send it on to me. In the meantime I have tracked down the original settlement on my bank statements but as I paid by debit card I have no reference to prove what it was for.

Unfortunately I do not have any documentation confirming this was settled, I contacted the original debt agency who advised they bought the debt from another agency and I should get in touch with them and request a letter of satisfaction, I have since emailed them requesting this.

I'm worried what is going to happen now though if I cannot prove to the new agency that this debt has been settled back in 2010, and how I go about getting the default removed as I don't believe this should be there.

If anyone has any words of advice, or can even ease my worries that would be very much appreciated.

Many thanks in advance
Ali

spacey2012

You may have paid someone who did not even own the debt, this needs to be clarified ASAP.
A £10 Subject access request to the debt collector for all paper work they hold is the first attack.
A demand for the other debt collector to prove they have the correct paper work is in order for the second,
Search FERMI + Prove it letter.

happy_bunny_2

You can raise a query with the credit reference agencies. Even if not paid, they can't just change the date. They often do but they are not allowed to.

allegra_2

Thanks for the replies, I've been digging everything out and have a better picture now. I know I only have myself to blame for this in the first place, but had hoped this was all behind me now after I worked so hard to get back on track.

Original default was a credit card debt with Egg back in 2005, this debt was sold on to Capquest who in turn sold this to Scotcall. I set up a repayment plan with Scotcall in 2006 before eventually settling the debt in 2010. From that point I've been debt free.

Sometime in 2011 Barclaycard took over Egg accounts, which included mine but it had an old address registered against it, an address I left in 2006. Barclaycard defaulted this in Nov 2011, then sold this one to Marlin Financial who sold to Mackenzie Hall. I have a default on my credit file from Marlin Financial from July this year with a default date of Nov 2011.

I've requested written confirmation the debt was settled in 2010 from Scotcall and Capquest, if I don't receive that then I will submit Subject Access Requests to both companies to get the information from them as they have both confirmed it's been settled over the phone, so I know they have the information.

This is all stressing me out, but I know what needs to be done now though, so I just have to be patient while it plays out. What is very disappointing to me though is that I've been a Barclays customer for over 15 years, they've had all my prior address details yet were unable to contact me about this at all. I even have a Barclaycard and they have never been able to link the 2 accounts.

Thanks for the advice, hopefully everything will sort itself out and I'll get this default off my credit record and get back to normality soon enough.

Ali

happy_bunny_2

This what they are supposed to do and not do:
https://forums.moneysavingexpert.com/discussion/3172602

ALIBOBSY

I think the other posters have given you all the correct advice, but I would also raise this as a complaint with the credit ref agencies. Point out that the default date was 2005 and so the matter should no longer be on your file as the default date cannot be renewed.

Sadly this is why the debt charities and debt forums tell people to insist on getting a written agreement that any settlement is in full and final payment. I recently had to dig out a F&F letter for a company to prove nothing to claim years after the event.

Good Luck
Ali x