Unknown Default

[ngorshkov]

Hi All,

 

A friend of mine has recently conducted a credit search and has turned up a default that he knows nothing about. I've put together a letter to send to the DCA (Marlin) and was just wondering if it's ok:

 

To Whom It May Concern,

 

A recent search of my credit file has turned up a default for £214 registered against my name by your company.

 

I would like to point out that I have no knowledge of any such debt being owed to your organisation.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed and that the default will be removed from my credit record ASAP. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Cheers,

 

N

[dx100uk]

they might have brought the debt [VERY probable] and the name will then change to theirs from the OC.

 

what is the other history on the debt showing?

 

how old is this default?

 

give us more info.

[ngorshkov]

Hi There

 

My apologies, I usually give more information

 

There is no other history on my friend's credit record, just this default registered on 07/05/08 for £154 but with a current balance of £214.

 

As you can see I have very little to go on here!

 

 

Cheers,

 

N

[dx100uk]

well a dca cannot add anything to a debt, so thats a start!

 

has the op got any previous cra printouts or can guess what it is?

 

there should be an account opening date on the CRA file too.

 

dx waves to the guests.........

 

dx

[ngorshkov]

Nope, he can't remember ever applying for a credit card, store account, etc; he's staunchly against credit cards, etc, all he has is his mortgage and a current account. Hence why he doesn't have a clue as to what this could possibly be!!!

 

As for the original account, this was opened in 1996 according to the CRA file and the "Date Last Delinquent" gives a day and a month but no year.

 

Just to give you a heads up, my intention was to issue a letter stating he has no prior knowledge of this account and does not acknowledge the debt and to send out a second letter requesting a copy of the original CCA. I'm just wondering if the letter I posted was suitable or if I needed to draft something else?

 

 

Cheers,

 

N

[dx100uk]

1996 and a default was issued 05/2008!

 

now, what tallies that he has with those dates over that length of time?

 

they cannot just decide to default 'something' for no reason , a default has to be given within 3-6mts of the 'failure'

 

i think this is going to be a CCA job to the marlins

then an SAR to whoever turns out to be the OC.

 

dx

[ngorshkov]

This is the issue, he has no recollection of ever having had anything with a credit agreement over that period time. He has no paperwork relating to such an agreement.

 

I have a template CCA letter, is there anything I need to add/change since I have no reference numbers, account numbers, etc.

 

 

Cheers,

 

N

[dx100uk]

it might not have been a credit agreement, this is what i an eluding too.

 

it could be

mobile phone

gas

electric

water

bskyb

 

cca'ing them is not the ans

p'haps SAR

 

is it hurting his ability to get credit?

 

dx

[ngorshkov]

No, it's not hurting his ability to get credit as he doesn't want it. He was just doing a check on his credit record and saw it and didn't know what to do about it.

 

An SAR does seem the best way to go; I'll get a letter drawn up today and sent out 1st class recorded!

 

As an aside, once we find out what the default is in relation to, what would be the best way to go about having it removed?

 

 

Cheers,

 

N

[dx100uk]

its always a fight to get defaulrs removed

depends upon what debt is

 

the other thing is you could write just a plain letter to marlins demandig it be removed as you have no debt with them, then they might play their card and tell you what its about.

 

that will be cheaper that £10 .

 

dx