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peter78

New Default Appeared by debt manager for a next account that dropped off years ago - help!!

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Got a shock today and not sure what I can do apart from raise again with Experian?

 

Old defaulted Next account (from 2010) and passed too Debt Managers which dropped off my credit file a few weeks ago has reappeared this week with a default date of 1.8.16? and crashed my credit file which was recovering..

 

Now my understanding was it was statue barred as it passed the 6 year rule?

 

What can I do - i raised a query with Experian but I haven't any paper proof prior to it falling off my credit file?

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Hi

All Credit Reference Agencies hold years of information and most surely will have a copy of the Next default and the date it was placed.

 

Irrespective of whether it was SB, Debt Managers should not have placed a brand new default and as such you should do two things.

 

1 Write to the CRA and dispute the entry, giving details of the previous entry.

2 Formal Complaint to Debt Managers for filing a default for:

a) Submitting a new default date when one had already been submitted in 2010

b) A clear breach of the Data Protection Act by filing a second default

c) Defamation as the default is clearly false.

 

 

I would head the letter to DM:

"I acknowledge no debt to you nor any company you claim to represent."

 

I would also state that any 'alleged debt' would be Statute Barred by virtue of the Limitations Act.

Once informed that a debt is SB, they must stop collection attempts unless they can prove it is not SB.

 

Just to confirm. You have not paid a penny nor admitted you owe this debt for the past 6 years?

 

Some DCA's come back with a 'payment' made sometime in the past 6 years. If they try this, you want to know where, when, who by and by what manner this payment was made.


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Many thanks.

 

History is Next registered a default in 2010 and then passed over to debt managers (same reference number) and the default changed to them.

 

No payments were ever made for over 6 years.

 

Default dropped off recently and then reappeared this week by' Next' themselves with a default date of 1.8.16.

 

The amount they have defaulted on the 1.8.16 is actually £500 less than was originally reported.

 

I have already raised a query with Experian and waiting for there response.

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Just to update - Next have taken off (Experian confirmed). So they must realize they had made a mistake.

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Sorry for the late reply.

That is good news. Have you checked the other CRA's (Equifax, Callcredit)?

 

Have debt manager backed off?


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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complain to the owner of the default.

give them 14 days to remove the account if not

you will raise a complaint with the ICO.

and seek monetary compensation

 

include a copy of the original default notice

or copy of the relevant page from your credit file.

 

theres little point in complaining to the CRF firms

as it will be on all 3.

 

dx


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