MKDP put default on nationwide current account debt 5yrs later!!

[:Boy:]

wow. Thanks Andy. So can you be Defaulted for a debt made up of charges, when the Default notice states that Court proceedings will commence for the recoveries of the money?

[dx100uk]

ideally a default notice should not contain and PENALTY charges in its demanded sum

else it makes it invalid.

 

dx

[:Boy:]

I have just read the ICO's 'Data Protection Technical Guidance Filing defaults with credit reference agencies'. It doesn't state in there that if a default is made up of charges it cannot be 'Default'. It also doesn't state when a 'Default' should be placed on a credit file after a Default Notice has been served. MKDP stated to me that you can wait up to a year to place a default?

[AndyOrch]

Okay just to clarify a few misconceptions the default can/should be placed 2/3 months after Notice of Intention to file a default...if MKDP think that (which does not surprised me) then they are in breach of the credit consumer act/ICO

 

A default Notice can and normally is issued with penalty charges.....as per their T&Cs of the agreement...the fact the DX refers to is to challenge it from the debtors point of view...but until a court agrees with you .....it is legal...its for you to argue its invalidates the DN.

 

Regards

 

Andy

[:Boy:]

Ok, worth spending the £35 court fee and challenging it that way then. I just gobsmacked that something that should of been pursued as a CCJ (as was stated in the Default Notice) can then be sold on 4 years later, a default placed on my credit file for a sum with out any notice, until i chased it and the default made up of charges!

[dx100uk]

there is little or no relation between the issuing of a default notice and any defaults/markers onyour CRA file.

[decoydavid]

Hi :Boy:

 

How has your case gone so far?

 

I have been reading through this thread as I have a very similar situation with MKD LLP,

 

My account was originally with HSBC with a premium current account (charged monthly for extra perks like break-down cover etc),

 

I stopped making payments and have never made any communication since may 2011,

 

forward on to December 2013 and MKDP have marked the account as default.

[:Boy:]

Nationwide has agreed to remove the 'Default' from my credit file.

 

They have advised MKDP to close the account and remove the 'Default'.

 

I have this case through the Ombudsman and I have sent details to them, inc the letter from Nationwide who are dealing with MKDP.

 

I have been told to wait upto eight weeks for the 'default' to come off.

 

I also started County Court proceedings as well, but that is on hold at the moment.

[decoydavid]

Great news! Do you plan to claim for compensation from MKD LLP via the county court?

 

Was it indeed fact, current accounts can not be marked as defaulted as there is no credit agreement?

 

Would you recommend I emulate your strategy by writing the DCA first or just jump onto the Ombudsman arguing the zero credit point and let them deal with the bank?

[dx100uk]

read the thread carefullu DD

 

and p'haps

 

start a new thread.

 

i'l let boy update the full details

but I think it would have been that nationwide defaulted the account before sale?

and MKDP entered it on the CRA file

hence one is telling the other to do something now.

 

bottom line I would guess will be that a default cannot been issued whereby the 'debt' is solely PENALTY charges?

 

dx

[citizenB]

Great news! Do you plan to claim for compensation from MKD LLP via the county court?

 

Was it indeed fact, current accounts can not be marked as defaulted as there is no credit agreement?

 

Would you recommend I emulate your strategy by writing the DCA first or just jump onto the Ombudsman arguing the zero credit point and let them deal with the bank?

 

 

You cannot simply jump to the Ombudsman, you have to give the company time to resolve the situation amicably. Write to them heading your letter "formal complaint". If they do not respond or respond in a way that is not satisfactory, then you can take your complaint to the Ombudsman. In any case, you have to allow the company 8 weeks to respond.

[:Boy:]

Hi again,

 

I argued to MKDP and Nationwide, that this debt was made up of charges, and that it also stated on the default notice (DN)

that County Court proceedings will commence if balance not paid.

 

There was nothing on the DN to state that my credit file will be impaired at all.

 

I then spoke to the FSA, the FOS and the regulator.

I then proceeded to go through the FOS.

 

Nationwide agreed with me, that this was made up of charges, and have confirmed that this debt will be written off

and that MKDP will remove default within 6 weeks (not 8 as I put before)

 

I have always stated to MKDP and Nationwide that I was prepared to go to County Court as this was a basic bank account,

 

nationwide have never put anything on my credit file and that this should of been chased via a CCJ;

and that this debt was made up of charges.

 

Until I see the default removed from my credit file, I will not be satisfied.

 

What has annoyed me is the people on CAG always stated that I would lose,

and this is the 3rd time that I have 'won' by persistence

 

1st Mortgage redemption penalty back

2nd Cabot financial removing default from credit file

and 3rd this.

[:Boy:]

You cannot simply jump to the Ombudsman, you have to give the company time to resolve the situation amicably. Write to them heading your letter "formal complaint". If they do not respond or respond in a way that is not satisfactory, then you can take your complaint to the Ombudsman. In any case, you have to allow the company 8 weeks to respond.

 

I had to wait for MKDP to give me their final response before you can go to the FOS

[:Boy:]

I issued CC proceddings, and surprise surprise MKDP have taken the Defaults off my credit file. Just to let everyone know, if you think it is wrong, do your research, and hopefully (as in my case) it pays off. Good luck