Aktiv Kapital defaulting my credit score even though debt has been written off

paulp2974

Hi,

I have tried to search for a similar thread but cannot find one so apologies if this has been repeated.

In 2010 I was in some financial trouble (the usual story of splitting from a partner, having to sell the house etc etc).

My debts added up to no more than 14k, I was not working and had no way to pay the debts off.
The only way forward was with a debt relief order, this consolidated my debts and after one year I was able to start again. (have had no debts/credit cards or loans since).

Recently an old landlady said that I had some post, after collecting it I discovered it was from a company called Mackenzie Hall (I have read all the threads about them on here), this letter didn't really bother me as I know that I have no debt.
For the first time ever I decided to check my credit history, it seems that a company called Aktiv Kapital have been putting a default notice on my account every month for the last 5 years.

Why is this?
Was the debt sold on and AK not notified?
Have they since sold it on to Mackenzie Hall? hence the recent letter?
How the hell do I get the default off my account? I have all paper work relating to the DRO.

It seems that the debt that they are chasing and included in the DRO was with virgin (payable to MBNA) all other debts have been satisfied.

Hope this makes sense to someone
Any help would be appreciated

stator

The default should drop off your credit report 6 years after it was initially defaulted, so if you haven't reached that point yet you can't really complain. Once you've reached that point you can chase them to confirm they are reporting it correctly and chase them if not.

grumbler

paulp2974 wrote: »

...have been putting a default notice on my account every month for the last 5 years.

What does it actually show?
AFAIK a default marker is on-off, but remains in the file for 6 years.

Debt-Free Wannabe board is a better place to discuss this.

paulp2974

All the credit report says is 'account has defaulted' (since 31/3/2012 when I was in the middle of the DRO)

fermi

Should be marked as a "default date = dd/mm/yyyy" no later than the start date of your DRO, and satisfied or partially satisfied as of the DRO end date.

Is that not the case?

D or 8 after the initial default are not new defaults. Just status updates.

fermi

Hmmm. Somehow this ended up on the PPI board. Wasn't meant to.

paulp2974

fermi wrote: »

Should be marked as a "default date = dd/mm/yyyy" no later than the start date of your DRO, and satisfied or partially satisfied as of the DRO end date.

Is that not the case?

D or 8 after the initial default are not new defaults. Just status updates.

Thats not the case, no.

The DRO started on 15/01/10 and AK have a default date of 31/3/2010.

I'm pretty confused now?:(

fermi

Well, it's only slightly off, but will mean it is on there for 2 1/2 months longer than it should be.

An account that gos into a DRO should be marked as a default. That stays for 6 years. It's just the date that has to be correct, as that default date controls when it drops off. 6 years from the default date.

To Aktiv:

Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I was subject to a Debt Relief Order which commenced on <Date of your DRO> and subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the DRO.

For your convenience I have attached <whatever evidence you have of the DRO and it's completion>.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

• It is required that you record a default on the account, and that the default entry must be no later than <Date of your DRO>, in accordance with the Data Protection Act.

• It is required that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

Please note that if this account falls within the remit of the FOS, I will also be submitting a separate complaint to them regarding this matter if the Credit Reference Files are not correctly updated.

Yours faithfully

fermi

Same principles apply as do in --> Credit Reference File Clean Up Post Bankruptcy

Just references to bankruptcy are those relevant to a DRO instead.

paulp2974

Thank you for the info and for making it clear.

I just wondered also if mackenzie hall had brought the debt from AK hence the letter? if so are they trying to reclaim the old debt.

fermi

It could be that MH are just acting on their behalf, and forcing aktiv to acknowledge the fact of the DRO will put a stop to it.

See how it goes. If it doesn't and they start contacting you directly then you can warn them off as well.