Activ Kapital posted DN on Credit File for SB Debt

[Atmywitsend]

I have just accessed my credit files for the first time and have discovered that Activ Kapital have posted default notices on it. The first one in 2004 and then again in August 2008 for the same debt, which originally defaulted in 2002 and I have not acknowledged since then and is now statue barred. Is this legal? is there any way to get this removed?

 

Also I have a store card which I pay every month and there are no problems with it but there is no reference to this account on my credit file, is this normal?

 

Any advice would be most appreciated.

[the_shadow]

I have just accessed my credit files for the first time and have discovered that Activ Kapital have posted default notices on it. The first one in 2004 and then again in August 2008 for the same debt, which originally defaulted in 2002 and I have not acknowledged since then and is now statue barred. Is this legal? is there any way to get this removed?

 

You would need to write to them telling them you are reporting them to the Information Commisioner and the OFT for breaching both the data protection act and the debt collection guidelines.

 

State clearly that this single account which they have reported twice is now stat barred and as such the debt cannot be reported on your credit files any longer, any defaults marked now are unlawful and in breach of the data protection act.

 

If they ignore you'll need to write a LBA to the credit ref agencies themselves citing a few data protection law cases where the defendant got hit for a lot of money for such invalid reporting of defaults.

 

oh and do complain to the information commissioners office and the OFT.

 

S.

 

 

 

Also I have a store card which I pay every month and there are no problems with it but there is no reference to this account on my credit file, is this normal?

Dont forget some lenders only use certain credit reference agencies, there are three in all.

 

s.

[dx100uk]

only the OC can post default markers, unless you made a payment arrangement and latterly broke it, a 2nd cannot be posted.

as for it being SB'ed it will be 6yrs from your last monetary transaction eitherway. if a default is posted beyond this date, then it should be removed, as should a 2nd default, from the same Co. if no agreement was entered into and thus latterly broken..

 

diff CRA's how diff info.

 

dx

[Atmywitsend]

Shadow

 

Thanks very much for your advice, I'll get onto it right away. Should I send a statute barred letter and also a letter stating the data protection act in the same envelope?

 

I'm a numpty, I completely forgot there are 3 agencies as all my info except that one seems to be on the one. I suppose I'll have to sign up to them all, as if activ Kapital has registered DN's with one they've probably registered with them all. Thanks again.

[Atmywitsend]

DX

 

Thanks, this debt relates to a credit card for which the company sent me a default notice in 2000, I then arranged payments through a DMC, these continued until 2002 when I could no longer afford any payments. since then I have not made or arranged any further payments or acknowledged this. Activ kapital has since bought this debt and has been hounding me with phone calls, which to date I have completely ignored. They really know how to make your day don't they? Thanks again.

[DonkeyB]

You may get there quicker by complaining to the CRA. They are obliged to take it up with Aktiv, and I think you will get a quicker response.

 

On second thoughts, complain to both the CRAs and Aktiv, as well as the OFT and Trading Standards. What they have done stinks and is, arguably, vexatious.

 

So fire at them all - belt, braces, shoelaces and zipper!