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

donnawonna

fermi wrote: »

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.

The info was taken from my Experian Credit Report in Feb 2012. Acct was started 02/11/01 Studio mail order ( not JD - I was wrong) and defaulted on 01/07/07 £143.00. Updated 28/02/2010

Same Credit Report June 2013.
Acct started 02/11/2001 Studio mail order ( not JD- I was wrong). Default date 01/07/07 £143.00. Updated 28/02/2010

Then I found this added in June 2013 Credit report
Acct started 11/02/2001 ( they changed months and day around) Mackenzie Hall Debt Purchase Mail order. Defaulted 04/01/2012 (?? ) £143.00. updated 07/04/2013
and of course MH address added to heading re addresses.

Credit Report Aug 2013
Studio acct removed.
MH entry all same as June 2013.

So wrong of them : (

donnawonna

Experian_company_representative wrote: »

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

It IS EXPERIAN
The info was taken from my Experian Credit Report in Feb 2012. Acct was started 02/11/01 Studio mail order ( not JD - I was wrong) and defaulted on 01/07/07 £143.00. Updated 28/02/2010

Same Credit Report June 2013.
Acct started 02/11/2001 Studio mail order ( not JD- I was wrong). Default date 01/07/07 £143.00. Updated 28/02/2010

Then I found this added in June 2013 Credit report
Acct started 11/02/2001 ( they changed months and day around) Mackenzie Hall Debt Purchase Mail order. Defaulted 04/01/2012 (?? ) £143.00. updated 07/04/2013
and of course MH address added to heading re addresses.

Credit Report Aug 2013
Studio acct removed.
MH entry all same as June 2013.

donnawonna

fermi wrote: »

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.

I Will thank you for the first step, and all your other helpful advise and guidance, wish I could repay your kindness
Donna

donnawonna

CKhalvashi wrote: »

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

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

Thank you so much, this is all so helpful. It has upset me hugely and I have been working so hard to improve my rating and responsiblity.
I will start my checking if it is staute barred , on Mon 19th
Much appreciation indeed

happy_bunny_2

Even if its not statute barred, they can't just change the default date so they will have to correct that.

Just don't admit the debt in writing or make a payment (not that I think you were planning to ).

HB

fermi

happy_bunny wrote: »

Even if its not statute barred, they can't just change the default date so they will have to correct that.

Just don't admit the debt in writing or make a payment (not that I think you were planning to ).

HB

Yes, but if it should just be a case of waiting a few weeks or so until it is definitely statute barred, then it will be easier to dispute the default as you will not need to tiptoe around with any language used to prevent acknowledgement.

happy_bunny_2

fermi wrote: »

Yes, but if it should just be a case of waiting a few weeks or so until it is definitely statute barred, then it will be easier to dispute the default as you will not need to tiptoe around with any language used to prevent acknowledgement.

Ah, I see.