MKDP LLP - Defaults - **WON everything removed**

[boyfalldown]

I've noticed these jokers have registered a default with the CRA's for an account I have no knowledge of. They registered the default with a date of September 2009 which is before they had a consumer credit licence, so I'm rather assuming there is a complaint to the OFT right there. Default was registered last week, nearly three years after the default date.

 

I also went back through my records and found the jokers had written to me in Feb 2011, and I'd replied with a prove it letter shortly afterwards. This was ignored.

 

So far I've written to them, requesting the default notice, and also that they either prove it or remove it. I've also asked all the CRA's to remove (which I know they wont). Any suggestions for a next course of action?

[dx100uk]

prob not them

 

they might have brought the debt after the oc registered the default.

 

thus their name as the owner gets changed on all in the file.

 

no idea what the debt was for nor the oc?

 

dx

[boyfalldown]

none at all I'm afraid. Even though the default is dated Sept 2009, they registered it, and the account with the CRAs last Tuesday, so I don't think in can be just a name change.

 

I'd sent them a prove it exisits letter well over a year ago and heard nothing back, so assumed (wrongly) the'd gone awat

[dx100uk]

so you know it was not on your cra before ?

 

this is strange

 

dx

[boyfalldown]

nope - I only noticed it because Exquifax sent me an email telling me about a new credit account on my file.

[Durkin]

Small claim for up to £5K will be the quickest way to get it removed. (Quote Durkin v HFC)

 

Help us all and point this out to your MP too.

 

Cheers,

 

Richard.

[dx100uk]

they appear to mostly deal with spoof debts to catalogue companies

 

is EVERYTHING on the cra and the letter def your details?

 

you need to complain

 

they cant just magic up a debt 3yrs old and mark your cra file

 

dx

[boyfalldown]

Thanks Richard.

 

dx this is what they've added on my report. I notice they've dated the update 23 Feb, but they actually did it last week, and my updates from Equifax show this

 

[dx100uk]

cant see they can do that

they've entered a statute barred debt if they have.

 

i think you need to question the CRA file upon WHy

they have allowed a statute barred debt to be entered on your file

 

their website had or did have a chat function

or call them

 

at the least you need to put a correction on there

 

have you checked https://www.noddle.co.uk/signup?source=mgm too?

[boyfalldown]

I've not checked noodle.co.uk yet, will do this afternoon. Theres no chat function for Equifax, but I have put in a complaint about them carrying this account

[Bazooka Boo]

That link is wrong, it's actually https://www.noddle.co.uk/

[pickaname]

Need to edit your link better your name is still readable.

[boyfalldown]

A short update. I sent a written complain to the jokers, and also to the CRA's about this. As expected I got the standard 'Our subscribers issue, not up to us' response from the CRA's.

 

Anyway jokers responded that it relates to a Welcome finance account which I've never had, and that they would obtain paperwork by today. More importantly they have made no effort to contact me before adding the default and claim they "would" have converted an existing Welcome account to their ownership with the CRAs

 

 

Anyway - I've sent of complaints to the ICO and the OFT about their behaviour. My first question - do I need to exhaust the CSA route before going any further down the FOS route?

 

I'm also going to send the following to the idiots, recorded. Can anyone think of any changes.

 

Dear Idiots,

 

 

On April 23rd 2012 you created an account with the CRAs and registered it as being in default. This despite my never having had an account with you, or as you claim Welcome finance. You claimed this default existed and you simply would of changed the name of the account owner on this date. This simply is not true. I have never had any dealing with you, or Welcome finance and owe you no money. In addition here was no account registered with the any of the reference agencies before this date. Not only have you broken ICO guidelines in restoring a default outside of a 6 month period you also seem to have registered a defaulted account before you held a consumer credit licence. I've bought this fact to the attention of the OFT and the fantastic untruths you have told to the ICO in my complaints to them abut your behaviour.

 

I have also been far more reasonable then could be expected considering your behaviour. In that

 

In February 2011 you wore to me regarding an unspecified debt, for an unstated amount. I wrote back to you on 26th Feb 2011 requesting that you proved this debt exists or did not contact me further. You made no further effort to contact me and I reasonably assumed you'd made an error which you'd now corrected. After a 14 month period this seemed reasonable.

 

In April 2012, without any further effort to contact me you registered a default with the credit reference agencies. Despite you being in breech of data protection and the OFT guidance on debt collection in doing so. In another effort to be reasonable I agreed to wait 28 days for you to produce paperwork to support this alleged debt and default. You have failed to do so. You this reason please find enclosed a S10 data protection act notice to stop processing all of my data, reporting it to third parties and delete it in its entirety from your system. If this is not confirmed as complied with in full within 7 days of the date of this letter. (Friday 1st June) I shall issue proceedings in the county court to order your compliance.

 

Lots of love

 

BFD

[boyfalldown]

OK - a little update.

 

The defaults are now gone from my credit file (all agencies) and MKDP have nice complaints with the ICO and the OFT about them.

 

All it took was a CPR part 8 claim requesting a court order that they comply with the data protection act or produce documentation supporting their right to carry on processing this data. I took this route because I was 100% confident that they could produce neither a CCA agreement (correct or otherwise) or a default notice and I thought this would probably be the quickest way. I did make it very clear in my poc they could not produce anything.

 

Anyway, they settled by deleting everything within 4 days of receiving the summons.

[Bazooka Boo]

Good well done, excellent result.

[boyfalldown]

A little advice please. The jokers seems to have resurfaced on the same matter. And now claim to have sent me a CCA, and phone every day. As part of this settlement I have a letter from Sarah Lambert (the CEO of MKDP) which says

 

Dear Boyfalldown

 

Ref - Court Case

 

We are in receipt of your claim form in which you have requested MKDP LLP cease processing your data, delete your information from any third party system and remove the default registered on your credit file.

 

I can confirm that all of the above requests were actioned on (date)

 

Pleas accept my apologies for any inconvenience this may have caused.

 

Clearly that letter is not worth the paper its written on. Nor was MKDP's assurances they would not contact me on this matter again. Any suggestions how best to proceed. Other then going back to court and seeking an order, plus informing the court as to there behaviour