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Kdtoll

Noticed 2 defaults, need advice please.

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Hi,

 

I am new on here and would really appreciate some help/advice if possible. I have recently checked my credit file and noticed I have 2 defaults on there. I knew I had these debts years ago but thought it has been longer than 6 years. I am sure it is to be honest.

 

I have a £407.00 debt with Lowell financial limited and another £209.00 with Marlin financial services, the first debt was with T-Mobile over 6 years back I am almost positive but on my credit file it shows Lowell have defaulted me from 2008 which is atleast 2 years after missing payments with T-Mobile.

 

My 2nd debt is similar in that it was with Clydesdale bank also over 6 years ago but have a default from Marlin in 2010, so why are these defaults appearing from these debt collectors years later than they should?

 

I am not sure exactly how this all works but it seems I should have been defaulted shortly after missing a few payments with the original companies and not years later by these debt collectors. Please correct me if I am wrong in any way.

 

These are small debts in essence and are now causing me problems as wanting to get a mortgage soon, all my finances have been back on track for some time and feel its a harsh punishment for so little amounts. But does this sound legit?

 

What can I do if anything? Just so annoyed as these defaults have only been placed 2 years ago for one of them and 4 years ago for the other when surely should have been defaulted alot longer ago, no?

 

Any help or advice would be greatly appreciated.

 

Thanks.

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Hi Welcome to CAG.

 

Lets break this down one debt at a time Lowell first.

 

When was the T mobile debt defaulted by TMob?

Lowell should update the credit files when the aquire a debt BUT the original default date MUST be kept.

 

The Debt with Marlin /Clydesdale.

 

When was it originally defaulted?

 

Here are some facts to work on,

1. The date an account was opened is not really meaninfull when looking at defaults.

 

2. Defaults are usually placed within 6 months of the cause of action. ie the date when a payment was due and not made, after which no further payment was ever made.

 

3. Defaults are after 6 years from CRA files paid or not.

 

4. Statute Barred == 6 clear years with no payment or written acknowledgment of the debt.

 

So you need to know when/if Orange defaulted your account, the same applies to the Clydesdale account.

 

I think youneed to make A Subject Access request to Orange and Clydesdale to get all the data on the accounts, there is a statutory fee of £10 for this the creditor has 40 days to comply.Use the template from the CAG library and address the request to the Data Controller at the creditors head office addresses.


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Thank you for your helpful response. I am not sure at all the dates when T-Mobile or Clydesdale defaulted me roughly about 6-7 years ago I would reckon for them both but this is just guess work.

 

I will take your advice and send a subject access request that you mention, so I send one to t-mobile and one to Clydesdale bank with £10.00 enclosed in each is this correct?

Also is it ok to enclose £10 in cash as don't have a cheque book?

 

I am certain these debt collection agencies have not kept the original default dates and will be chasing this info up as per your advice.

Thanks and look forward to your reply.

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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.


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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.

 

Ok thanks I will send via postal order. Sorry 1 more thing, do I ask them to include the date when they issued the default or will that already be part of the information they send to me after I send the letter off?

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YES ask for the original default date specifically and the actual default balance.

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YES ask for the original default date specifically and the actual default balance.

 

Ok will do, thanks alot for your help.

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Please also check the date that they receive the request, the 40 days starts from then.


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Will do, thanks.

Good luck please keep us posted!!


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Its a well known trick of the DCA's that they register their own default dates, normally when they acquire the debt.

 

Only the original date of default from the original creditor is valid.

 

Quite how they get away with this repeatedly is a disgrace. It will usually be attributed to an "administrative error" but you will have to prove it by SAR the original creditor.

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Occurences such as this are not an every day occurence, and is easily spotted and sorted out, the most common error is that when a DCA updates the entry for a date they have aquired they enter a whole new entry instead making it appear that 2 seperate defaults have been filed in 99.9% of cases the original default date is shown on both.

However there is some chang afoot it seems that the original entry will be marked as settled Balance £0 and a new entry with the balance £xxxx registered under the debt purchasers name, this is supposedly to reflect the true conduct of the defaulted account.


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Was going to send letters on friday when I have a day off but sent an email to both ceo's at marlin and lowell to see if any luck. Lowell have emailed back saying I offered a good explanation and they will as a gesture of goodwill close my account on their system and have the default removed and that they would expect the default to be removed within 5 working days and I should check my credit file then for evidence of the removal.

 

Sounds good to me. I have not heard back from marlin yet and this is the main one as it does not leave my file until 2016 and is for only £209.00 originating from clydesdale bank. When I think about it this debt as av said is the wrong default date in which you advised me to send a sar which I will still do if not heard back very soon but I had a standard current account with clydesdale bank with no overdraft but remember clearly that one day an overdraft of £100 was suddenly there, me being quite poor then as at college said nothing an began using it but paying back in regularly but when I left college got a job but made unemployed I had no money just jobseekers allowance at this time and occurred a bank charge that they would not refund therefore it came to this unfortunate scenario.

 

Does that change anything that a mystery overdraft appeared without my say so and that bank charges have caused this? Or should I still just send a sar?

 

Thanks for anymore help/info.

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Definitely send the SAR. Tell them that you require everything that they hold about you

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If this ''mystery'' overdraft is pure charges then it should not result in a default and should not be reported on CRA files. the ICO Technical Guidance states that

''if a default sum is made up of charges without which the account would not have defaulted then no default should be placed''.


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