Default Help - Merligen Investments

[ody1977]

Hi... Thanks for taking the time to read. I will try and keep it brief and straight to the point.

 

I entered into a finance agreement on 21/11/2007 with Clode Retail Finance, now V12 Finance, (dabs: computer I think) for £1013. I kept up repayments of £26 a month until March 2009. Checking my noddle credit report it shows that on 26/03/2010 the account was ended and settled. This was after more than 6 months of non payment and it is now showing as DA (debt assigned) on the March 2010 entry. I assumed at the time it had been defaulted.

 

I have received countless letters over the past 3 years from numerous DCA's. One in particular I remember was PDP Management Services Ltd. I ignored them all and haven't received anything from any company in the past year.

 

I checked my Noddle report today and I now see a default has been registered on 11/03/2013 for £875 (the closing balance was £805) by Merligen Investments.

 

I have had no letters or contact from them at all. I'm convinced that letters in the past from other companies mentioned it had defaulted in 2010.

 

I need to either get the default date moved to the date the account was closed (which I assumed this was the date they had defaulted it... seems they haven't by DA on credit file).

Or... get in touch with them and come to an agreement to pay the default and ask them to remove it from my file as it was issued 3 years after the account was 6 months in arrears and had been closed (ico guide says: "Accounts should normally be filed as being in default where those payments due have not been received for six months.") Also, I haven't received any correspondence from this Merligen DCA to inform me it will be defaulted.

 

Any ideas what my best cause of action would be to get this sorted?

 

Thanks

 

 

Also... this only appears on my noddle(callcredit) report. There is no record of any of it on my equifax report and only a settled in 2010 with V12 Finance on my experian report.

 

Update: Emailed Merligen 15/05/13 basically asking them to amend the date to the original default date (if it was defaulted in 2010) or to completely remove the default as it was registered 3 years after (stating ICO good practice for filing defaults 3-6 months)...

 

Also mentioned haven't received no default notice or warning from them.

 

I will update thread on any replies...

[BRIGADIER2JCS]

Hi, you have done the right things so far, was a default actually placed in 2010? To get this clarified I thing you must make a Subject Access Request under the Data Protection Act 1998 ( SAR ) this will get you ALL the information the Original Creditor Holds on you and the account.

[ody1977]

Hi, you have done the right things so far, was a default actually placed in 2010? To get this clarified I thing you must make a Subject Access Request under the Data Protection Act 1998 ( SAR ) this will get you ALL the information the Original Creditor Holds on you and the account.

 

Hi... thanks for the reply BRIGADIER2JCS

 

In all honesty I can't remember if a default was issued. I assumed it did, but stupidly I never kept any of the old correspondence from the many DCA's harassing me at that time. I would have had to build an extension to the house to store them all in!!

 

Thanks for the advice on getting an SAR. I just wanted to try and get this sorted as quickly as possible without engaging in letter tennis which may take months. Mortgage application in the near future will be impossible if its not resolved asap.

[BRIGADIER2JCS]

SAR is essential with the mortgage app coming up.

SAR should be addressed to the Data Controller at the original creditors head office, there is a template in the CAG library.

[ody1977]

SAR is essential with the mortgage app coming up.

SAR should be addressed to the Data Controller at the original creditors head office, there is a template in the CAG library.

 

Thanks BRIGADIER2JCS...

 

Am I right in thinking that V12 Finance are the original creditors? Does it matter that I have no account number or anything to go on. Only info I have is what's on my credit file and that doesn't give a complete account number. Best to send a cheque or postal order?

[BRIGADIER2JCS]

Correct on the creditor, use a cheque or PO clearly marked ''For Statutory Fee Only'' on front and reverse.

Any detail you have e.g. address when you opened the account, any address changes, relevant dates, and a copy of the credit file.

[ody1977]

Quick update:

 

Sent SAR by recorded delivery today (17/05/2013) to v12 Personal Finance Limited

 

Had no reply from previous email sent the other day to Merligen (surprise surprise).

 

Still awaiting to hear from noddle regarding my complaint (they have 28 days) about wrong default date.

 

Thanks again BRIGADIER2JCS

[BRIGADIER2JCS]

Happy to help!!

[ody1977]

received reply today from v12 regarding the SAR I sent them...

 

will attach scans

[ody1977]

 

Received this from v12 sar. Any idea what the next step is?

 

cheers

[BRIGADIER2JCS]

It seems compliant, but your problem is really the late placed default is it not?

 

So a complaint is needed to Merlingen, a little research

shows that they are actually advertise for debts to buy and specialise in 'small ' debts'.

 

To The Data Controller

Merlingen.

 

Ref: use theirs.

 

Complaint re Incorrect Data on Credit Files.

 

Sir/Madam.

 

I refer to an entry made by Merlingen on my credit reference files (attach a screen print of the entry) the default date has been registered on xxxxxxx 2013 when the account was in fact defaulted on xxxxxx 2009.

 

I am aware that some debt purchasers allege that the default restarts on the date they acquire the account, this is of course totally wrong and amounts to manipulation of the records to gain a financial advantage.

 

You are also reminded that the Information Commissioners Office Guidance on Defaults states that defaults should be placed within 6 months of the course of action.

 

 

I now require Merlingen to correct the data is has registered with any/all agencies to which it has reported this account.

 

Failure to comply will result in a complaint to the ICO and the OFT in regard to the conduct of Merlingen in this matter, a comment will be made to the OFT in regard to the fitness of Merlingen to hold a consumer credit licence.

This letter is sent by RM recorded/signed for delivery and receipt will be checked.

[ody1977]

thanks so much BRIGADIER2JCS... sorry for late reply. been working nights and got man flu hehe

My main concern is just get it dated 2009 yes.

[citizenB]

You have a fair whack of default / penalty charges that could be reclaimed

 

6 @ 12.00

4 @ 25.00

 

And are those interest rates correct.

 

The APR 29.8%

Interest rate 18.77% ?

[BRIGADIER2JCS]

thanks so much BRIGADIER2JCS... sorry for late reply. been working nights and got man flu hehe

My main concern is just get it dated 2009 yes.

No problem, happy to help!

 

Keep a check on delivery of the letter, please let us know what happens, any problems come back here.

 

Get well soon.

[ody1977]

Hi.. sorry for the long time in no reply, I have been moving house and been up the wall!! I finally received a letter from noddle saying they cannot amend the default date without the permission of the organisation involved. Due to them not receiving a response from Merligen they have suppressed the entry from my credit report. They suggest getting in touch with Merligen to discuss this matter further. I sent a letter to Merligen and this has been ignored as well. So at the time of writing the entries have been removed from my credit file (which is good) but have not been resolved as Merligen aren't answering any correspondence. Might just leave it at this for now as I seem to have had a good result.

 

Thanks again for all the help.

 

Thanks citizenB for your suggestion regarding default charges

I will look into this and try and find a template letter to try to reclaim some. I need to find an Argos template to reclaim PPI for my partner too. Happy hunting

[BRIGADIER2JCS]

For your own peace of mind I think you should check Experian and / or Equifax to make sure there an no entries showing on those agencies.

[BRIGADIER2JCS]

Merlingen shares a director with Fredrickson International it is a fairly new company buying relatively small debt portfolio. established 2012 I believe, as contact cannot be made or is ignored one wonders if the business is in trouble.

 

Simon Jones id the MD complaints I would suggest should be addressed to him.

[ody1977]

For your own peace of mind I think you should check Experian and / or Equifax to make sure there an no entries showing on those agencies.

 

There is nothing on experian and equifax. was just on callcredit, which has now been removed (or suppressed for now)

[BRIGADIER2JCS]

Hi ody, this makes me think that the entries on Call Credit/ Noddle were very old, this is often the case with them.

 

If such data is not on the 2 main agencies it is a good sign.

 

If it comes up again use the contact as in post 17#

[ody1977]

Hi ody, this makes me think that the entries on Call Credit/ Noddle were very old, this is often the case with them.

 

If such data is not on the 2 main agencies it is a good sign.

 

If it comes up again use the contact as in post 17#

 

Fingers crossed it's the last I have to worry about it.

 

Thanks again... Have a good one mate.

[gm6]

Hi I was just wondering if you got everything sorted with Merligen? I couldn't believe it when I saw that you say that they registered a default in 11/03/2013 as this was the same date that they have registered a default on my credit file. Mine was for an old clode plc account that defaulted over six tears ago in my case. I also read that you say you were able to get a mortgage from a company that wasn't bothered about defaults over two years old and just wanted to pick your brains and ask which company?