advice needed on debt collectors and defaults

Ed18278

What happens in the situation where you are still paying a debt management company (A) for a debt (that is with another debt collector (B) i.e. has been sold on to them) where the actual original default payment has been removed from the credit file because its been longer than 6 years but Debt Collector (B) then adds a new note to your credit file that you have a new outstanding debt with themselves with the amount you are paying each month?
Are they allowed to do that, its not as though I have taken out another credit account, they have simply re-added the original details with themselves as being the supplier so that it remains on my credit file, even though they are being paid each month.

rizla_king

Ed18278 wrote: »

What happens in the situation where you are still paying a debt management company (A) for a debt (that is with another debt collector (B) i.e. has been sold on to them) where the actual original default payment has been removed from the credit file because its been longer than 6 years but Debt Collector (B) then adds a new note to your credit file that you have a new outstanding debt with themselves with the amount you are paying each month?
Are they allowed to do that, its not as though I have taken out another credit account, they have simply re-added the original details with themselves as being the supplier so that it remains on my credit file, even though they are being paid each month.

They are not allowed to do that. Complain.

National_Debtline

Ed18278 wrote: »

What happens in the situation where you are still paying a debt management company (A) for a debt (that is with another debt collector (B) i.e. has been sold on to them) where the actual original default payment has been removed from the credit file because its been longer than 6 years but Debt Collector (B) then adds a new note to your credit file that you have a new outstanding debt with themselves with the amount you are paying each month?
Are they allowed to do that, its not as though I have taken out another credit account, they have simply re-added the original details with themselves as being the supplier so that it remains on my credit file, even though they are being paid each month.

Hello there.

If there was a default which has subsequently fallen off the file, the new Debt Collector is not able to place a new one on there. if this has happened to you it is imporant that you raise a formal complaint. There is nothing to stop a Debt Collector placing their name against the original default but they cannot place a second one on your file all those years later.

Further complaints should go via the Information Commissioner:
http://www.ico.org.uk/

David.

happy_bunny_2

Ed18278 wrote: »

What happens in the situation where you are still paying a debt management company (A) for a debt (that is with another debt collector (B) i.e. has been sold on to them) where the actual original default payment has been removed from the credit file because its been longer than 6 years but Debt Collector (B) then adds a new note to your credit file that you have a new outstanding debt with themselves with the amount you are paying each month?
Are they allowed to do that, its not as though I have taken out another credit account, they have simply re-added the original details with themselves as being the supplier so that it remains on my credit file, even though they are being paid each month.

They can register the account as new owners, but only if the default date does not change. If it was over 6 years then the DCA add a new default date then that's not allowed.

Complain in writing to the DCA then refer to FOS if needed. As said, report to ICO also.

kyle_amigo

Ok isent a "prove it letter" on November 19th to one of the agencies (figured id go one at a time for now). sent recorded, still no response what are my next steps.

kyle_amigo

scratch that! the letter I sent was for my partners debt. she has less so doing her first. they have replied. as follows:

after conducting an internal trace procedure they believe she is the debtor. if I feel otherwise I should contact the cra.

they list dates they alledge the account was opened and defaulted and also placed my account on hold whilst they request statements from the original creditor