Please help! Default successfully removed but still being harrassed

carsonsmummy

Hi Guys

Sorry if this isn't in the right place, I'm at my wits end after a phone call just now and came storming straight to this thread for help!!

Cutting a (very) long story short. MKRR (MKDP LLP/Raven Recoveries/Whatever they feel like going by that week) placed a default on my credit report 01/01/2010 and I didn't even know until I signed up to Credit Expert recently... no wonder I've been turned down for credit!

Turns out it was for a Welcome finance loan from years ago, and I know it actually defaulted in 2006 (had the notice of default from Welcome - never from MKRR).

I refused to deal with MKRR as they constantly introduced themselves as a different company or department over the phone and never sent me a letter when I asked (even though they said they did - on a weekly basis apparently) so I went directly to Credit Expert and gave them everything they needed to know, asking for advice.

The default was successfully removed after a good 4-6 weeks. I received confirmation of this last week and have subsequently logged in to check my report to see it vanished altogether - yay!:T

HOWEVER, I continue being harrassed over the phone by MKRR and have just been told that it's up to me to forward them the confirmation from credit expert as they have no note of my dispute whatsoever therefore remain 'liable for the debt'.
She also went as far as to question whether I was "sure" (with a very condescending tone i.e. you're a liar!) because "Credit Expert couldn't possibly do this without investigating it with us and they haven't"

I am due to give birth in a few weeks and this is truly the last thing I need. They call 3-4 times a day

I am NOT sending them anything as I don't trust them but how can I stop this? Please help me if can, your advice would be so very appreciated. Thanks xx

meer53

The only people who can remove a default from a credit file are the owners of the debt. Credit Expert can't do this.

You should speak to Welcome Finance to see what the situation is as they applied the default.

carsonsmummy

Thanks for your reply.

But there is no owner of the debt, so to speak. It was statute barred years ago - which I proved. This is the response I have from Credit Expert...

Our Ref: EXP/xxxxxxxxx

Dear xxxxxxxxxx,

I'm writing in relation to your recent query with:

*MKDP LLP

I'm pleased to let you know that this information has now been removed from your credit report, and our standard dispute statement has also been removed along with it.

To see this change, you may wish to look at an up to date copy of your credit report.

Kind regards,

And it has, indeed, gone.

Gordon_Hose

If the debt is SB, have you sent them the SB template letter? If so you need to lodge official complaints with the FOS/FCA. If you haven't sent them the SB letter then get onto it straight away.

carsonsmummy

I sent them a SAR (I think the pro's call it! The 'prove it' one) and never received a response at all. They denied receiving it - even though I sent it recorded delivery - and they advised they would send me a letter that may 'jog my memory' instead... funnily enough I never received that either. (Wow, a bad year for Royal Mail so it would seem!)

This is the only reason I signed up with Credit Expert you see - to see what they were chasing as they couldn't (wouldn't) give me anything whatsoever.

So no, I didn't send MKRR the SB letter due to the above reasons. Should I now then, yes?

Gordon_Hose

If the debt is definitey SB, then send the letter.

Your street and house number

Your town

Your postcode

Date

Address details of company


Dear Sir/Madam

Account No:

Your company has contacted me/us in respect of the above account which you claim is owed by myself/ourselves.

It is my understanding that under the Limitation Act 1980 Section 5

"an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that

"it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.
Yours faithfully

carsonsmummy

Thanks very much. Really appreciate it. Will be sure to report back with what happens :-)