2 defaults 1 debt.

Rowson_92

Hi, this is my first post so please bare with me. I apologise if this has been posted in the wrong section.

It is quite a lengthy story, so I will keep it as short as possible while keeping in the important details.

In short, I have a default recorded against me by 'V12 retail finance/secure trust bank plc'. They have since sold the debt onto 'debt managers ltd' who have also recorded a default for the same debt.

On my credit file it shows both of these recording, with the exact same details except the company name is different, and the 'V12 retail finance' entry states "satisfied".

Is this correct? Or should V12 remove theirs from my file?

I'm currently in dispute for this debt as it isnt mine, although I know who has taken it out in my name. I have informed both parties about this, and 'Debt managers Ltd' have written to me explaining that when the person liable for this debt contacts them and pays the £309 owing, they will remove their default off my file.

I'm just worried that, if 'debt managers Ltd' remove their default entry, I will still be stuck with the 'V12 retail finance' default entry.

sourcrates

Original default should show as settled with a zero balance, new default should show as the balance outstanding, one debt, same default.

Standard recording for a debt that`s been sold.
You may have a battle on your hands proving your not the liable party.

Rowson_92

Thanks for your reply. 
On my file it states the original creditor as "satisfied" with the default balance saying £309. 
Then the DCA has added a second entry for the same amount. 

If the DCA remove their entry, will the original creditors entry still show up when going for mortgage etc?

The person who took out the credit in my name has already admitted liability for it, just waiting for that individual to contact the DCA to get the wheels in motion.

sourcrates

Normally defaults can’t be removed, but due to the circumstances, the whole entry should be removed.

However you may have to go down the complaint route, and involve the ICO.

Rowson_92

I already have written confirmation from the DCA that they will remove their entry once the individual is liable contacts them, which I believe will be sometime later this week.

My question is, how do I go about taking care of the original entry from 'V12'. I have explained the situation to them, but it's like banging my head up a brick wall.

What is the ICO, and how do I go about getting assistance from them?

Willing2Learn

The ICO = Information Commissioners Office.   If your official written complaint is not upheld, then you would escalate to the ICO.  If your acquaintance has accepted liability of the fraudulent credit agreement, then the account should be removed from your three credit files.

Rowson_92

Thanks for the reply.

I currently have an ongoing complaint with the original creditor in regards to it being fraudulent. I have spoken to them today on the phone, explaining that the DCA they sold the debt to are going to remove the entry on my file upon receipt of the other party accepting liability, and I asked would they 'V12' do the same? 

Their response was along the lines of, we cannot confirm or deny we would without corresponding with the DCA.

What would you advise my next step be? Wait for the final response from my complaint, then if no luck forward onto the ICO?

Rowson_92

Can anyone else please offer me some added advice? Would be greatly appreciated.

Willing2Learn

If it were me, I would make my written complaint to both V12 and Debt Managers Limited.  Then you would be able to escalate to the ICO about either company, should they not provide you with a satisfactory resolution within a reasonable timescale.

Rowson_92

Willing2Learn said:

If it were me, I would make my written complaint to both V12 and Debt Managers Limited.  Then you would be able to escalate to the ICO about either company, should they not provide you with a satisfactory resolution within a reasonable timescale.

Thanks for the reply. 
I currently have an ongoing complaint with both V12 and debt managers, and their 8 week final response is up sometime next week I believe.

Would you advise I wait for the final response then forward onto the ICO and FSO? Or raise a fresh complaint? 

Also, would it be wise to send a SAR letter? As I havent ever recieved any documentation for this debt from either company, as apparently it was sent to my old address, even though I had moved 12 months prior to this defaulting. I never recieved the default notice or anything.

annetheman

Sorry to hijack your thread but how did you find out you have a default on your credit file? Where can I check?