Debt 1 month from removal from credit file NOW Mackenzie Hall add new default date!!

donnawonna

Please can anyone help or guide me.
I have taken responsiblity and worked hard to improve my credit rating.
I had a debt with JD Sports, which was one month from being removed from my credit file ( the 6 years up ). I noticed a new message on my file saying alert, and a purchased debt was made from the JD debt by Mackenzie Hall.
I noted the debt was added to my credit file with a new default date...Like now.
How can a debt with all but 1 month left to reach the 6 year limit be purchased and then false default date given?
I check my file again and the JD one is removed as the 6 years passed - but now I have the same debt from a new date
Please can you please help, is this correct? legal? Thanking you all

CKhalvashi

When was the last payment you made? Was it more than 6 years?

If not, leave it until the 6 years are up before making a complaint, as it's a common tactic used by DCA's to get you to communicate re the debt.

If you've suffered financially as a result of this, send a court claim after the 6 years, although I appreciate there may only be a month to go, if any lenders up their rates in this time, you have a proveable loss.

Apart from this, there's no advice I can give.

CK

donnawonna

Thank you for your reply CK.
Yes the last payment was over 6 years ago. The debt has been removed from credit file by JD Sports , however MH have now added it again with a false - recent default date.
Bascially messing up my credit file

CKhalvashi

donnawonna wrote: »

Thank you for your reply CK.
Yes the last payment was over 6 years ago. The debt has been removed from credit file by JD Sports , however MH have now added it again with a false - recent default date.
Bascially messing up my credit file

You need to complain to MH, stating it's Statute Barred, and also sending a complaint to the OFT (click here) and the ICO (click
here).

As with any links anyone posts on an open forum, please check anything links separately using an independent search engine before proceeding. It may also be worth raising a dispute with the three credit reference agencies (click here, here and here). Don't pay for a credit 'score', send it in writing.

If you have any long-term (more than 1 month) debt on credit cards, it may be worth sending a court claim, as this could be 0% debt afterwards. I've successfully argued that £2,500 plus costs is reasonable compensation for distress, inconvenience and damage to reputation (click here). Charge £10 per letter you've sent (which will be to them, OFT, ICO and the three main agencies, so £60 total), plus the £80 court fee, plus £6 for copies of the files. Total claim = £2646, and ask for interest to be added on top from the date of second default.

Make sure this is included in any paperwork. This is as a starting point; if it's something that could cost you your job, 12 months salary could be possible. Try not to go over £10,000 in total, however, as it won't be allocated the small claims track.

I'm not one for the compensation culture, however when companies will willingly flout the law, it would be nice for some debtors to see the tables turned.

If they have a CCJ, this will not work. Please check this before proceeding. It costs £3, and can be done online (click here).

Hope this helps.

CK

fermi

As said, MH should not have done that and you can complain to have it removed.

Usually best to write to the DCA direct, but make sure it is statute barred before you do. Call National Debtline freephone on 0808 808 4000 if you need to check that out with a debt advisor.

You can also dispute the default and date via the CRAs.

Complaint would be something along the lines of....

- If MH were to record a default then as per ICO guidelines, they should have had the original changed into their name, not added another default.
- When doing so they are not allowed to change the default date. It should be the same as the original.
- A recent default is a breach of the Data Protection Act 1998 and principles, as it is recording wholly inaccurate information that does not reflect the true account history, and results in processing information on the CRAs for longer than is necessary and reasonable.
- Recording deliberately false information on your credit file may also amount to defamation.
- That unless they remove the default immediately, you will be taking the matter to BOTH the FOS and ICO and will be reporting their abuse of the credit referencing system to the OFT as an unfair commercial practice.
- If the false information on your report has caused you inconvenience, loss or financial disadvantage, then you will consider claiming for redress against MH.

Experian_company_representative

If the original entry was a default then even if they add a new default under their name and void the original one, the default date needs to be the same. If you raise a query through whichever credit reference agency you are using then they will take it up for you.

James

donnawonna

Thank you , sounds like I have a lot to address here.

CKhalvashi

donnawonna wrote: »

Thank you , sounds like I have a lot to address here.

It's a case with the CRA's, of sending the same letter requesting your £2 file, and changing the address.

James or Fermi, can you just confirm what details will be needed in the letter, and a cheque for £2 should be enclosed in each. For these, you can just send then with a stamp.

The letter to MH, I'd advise is sent recorded, and it needs to be entitled 'letter of formal complaint' regarding this. I'd advise wording it 'letter before action', giving 14 days for removal or it'll go to court. This needs to be done, under s.55 of the Data Protection Act, and they need to be reminded that compensation is payable for any loss.

OFT and ICO can be the same letter, claiming a s.55 breach, and demanding that the license of the company is reviewed. You can copy the letter to MH, and be sure to include a photocopy of the £2 report.

Finally, a court claim can be issued online. It's very cheap, and very easy to do, and I can imagine MH simply paying up, to avoid having this tested in court, opening up the floodgates to them.

Show this company you know the law, and that you mean business.

CK

donnawonna

CKhalvashi wrote: »

When was the last payment you made? Was it more than 6 years?

common tactic used by DCA's to get you to communicate re the debt.

If you've suffered financially as a result of this, send a court claim after the 6 years, although I appreciate there may only be a month to go, if any lenders up their rates in this time, you have a proveable loss.

Apart from this, there's no advice I can give.

CK

The default date was 01/07/07. The last payment was many months before the default date.

Unsure I understand DCA's and tactics, I have lots to learn.

I have already had NEXT alter my 2K limit down to the current balance, having run smoothly before this happened, so believe it is connected.
I appreciate anything you have to offer to help , thank you

donnawonna

CKhalvashi wrote: »

You need to complain to MH, stating it's Statute Barred, and also sending a complaint to the OFT and the ICO

If you have any long-term (more than 1 month) debt on credit cards, it may be worth sending a court claim, as this could be 0% debt afterwards. I've successfully argued that £2,500 plus costs is reasonable compensation for distress, inconvenience and damage to reputation Charge £10 per letter you've sent (which will be to them, OFT, ICO and the three main agencies, so £60 total), plus the £80 court fee, plus £6 for copies of the files. Total claim = £2646, and ask for interest to be added on top from the date of second default.

.
If they have a CCJ, this will not work. Please check this before proceeding.


Hope this helps.

CK

I have no idea who OFT and IOC are or do, but need to learn quickly.
I already have Next stores reduce my 2K limit for no reason of my actions, and have had that limit for long before MH added a new default date, so I do feel this is the reason. No idea how to claim or deal with this

No CCJ

Appreciate anything you offer x

fermi

OFT = Office of Fair Trading (who license debt collectors)

ICO = Information Commissioner's Office (who oversee Data Protection matters, which includes info out on your credit files) - They can deal with complaints if you have no luck with MH.

FOS = Financial Ombudsman Service (another body that can look at complaints if you have no luck with the creditor/collector)

FIRST thing to do is on Monday, call National Debtline freephone on 0808 808 4000.

They will help you work out if this is statute barred, so you can work out what to do next.