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I have been in writing to Drydensfairfax Solicitors back in March 2016.

 

They are acting on behalf of their client Max Recovery Limited who purchased a debt.

 

I had previously asked them for a credit agreement and copy of the deed of assignment.

 

Back in March 2016, they wrote to me in reply.

 

They provided me with a basic office copy of a credit agreement.

 

They claimed that their client, Max Recovery, had provided them with a copy deed of assignment, and that they had attached this to the document for my perusal.

 

Upon checking the documentation, this assignment was not present as stated in the covering letter.

 

For the past year, I have had no response from Drydensfairfax.

 

Today, I checked my credit agreement, and I am horrified that they have placed a default on my credit file on the 30th May 2017.

 

Under section 87(1) Consumer Credit Act 1974, I have NOT been provided with a written default notice prior to this default being placed.

 

Can anyone please advise me what to do next as I feel that the default is illegal!?

 

The other concern is that Drydens should not have put the default in their name as the debt belongs to their client Max Recovery Limited.

 

Am I correct in thinking Drydens have done this default incorrectly it should be their client!?

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they havent placed anything on your credit file they cant

the original creditor defaulted the debt when they sold it on.

 

what was the original debt all about?

 

who are drydens stating is their client?

 

dx


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The default went onto my credit file on the 30th May 2017.

 

Prior to this no written default notice has never been received.

 

Max Recovery bought the debt in late 2012, Drydens are a firm of solicitors acting on Max Recovery's behalf to reclaim the debt.

 

As Drydens don't physicall owe the debt they can't put the default on surely its illegal?

 

Origional debt is an unsecured credit card opened online in around 2011.

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who with - whos the original creditor?

 

the original creditor would have defaulted you in 2012 before sale

that's an updated default date.

 

dx


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No default by the origional creditor mbna.

 

The debt never went on my credit file until now.

 

My concern is Drydens are only acting to collect on a debt.

 

I thought it was only the firm buying the debt thats allowed to registered a default?

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read what I've already said twice now again..

 

a debt buyer cannot default you.

only the original creditor can.

 

the fact that the debt didn't show until of recent is of no importance.

 

have you moved since you took that card out?

max recovery are really a very lowlife DCA


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What about Drydens placing the default when they don't owe the debt?

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how many more times...DRYDENS DID NOT PLACE THAT DEFAULT.

 

MBNA defaulted the account before they sold it MAxy in 2012

that date is an updated default date -

 

and it doesn't even say drydens on your credit file either I bet?

why do you keep insisting they place it there?


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The default is showing as Fairfax Solicitors!!

 

Here's my Noddle credit Report showing Drydens Default registered 30th May 2017:

 

Other accounts

 

LENDER

 

BALANCE

 

UPDATED

 

STATUS

 

Fairfax Solicitors LTD

 

£ 931

 

30/05/2017

 

Default

 

Name

 

Account type

 

Bank Actually unsecured credit card

 

Account number

 

**************2585 0

 

Account start date

 

08/12/2011

 

Opening balance

 

£ 969

 

Repayment frequency

 

Monthly

 

They are saying account defaulted in August 2012.

 

Why have they suddenly put this on my file!?

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they are the owners they can do that.

 

have you moved since you took this card out...

 

nice to see you've finally understood how to read your credit file properly too..

 

dx


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The dates of the default are also incorrect.

 

I actually defaulted on the 1st June 2012 as an IVA had been setup to start on that date and can provide paperwork to show this.

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oh now you tell us .....

 

it should be the date of the IVA commencement

but that's for MBNA to sort out .

 

you could complain

but by the time you've done that November will be here anyway.

 

did you complete the IVA?


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No, I terminated the IVA sometime in around 2015 due to being ripped off by fees.

 

Its interesting to see why after 5 years suddenly putting a default on my file isn't it!?

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then the default date being the start of the IVA [or because of that] is irrelevant

the IVA failed.

 

ok so alllll the way back to the start again...

have you moved since taking this card out?


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Yes, they were notified each time I moved.

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who were they?

 

 

dx


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According to Companies House Fairfax Solicitors Ltd was dissolved via voluntary strike-off 01 Oct 2013,

 

Your Credit File should reflect the owners name IE Max Recovery Limited....Solicitors shouldn't have access to credit files...they are not a creditor nor do they hold a credit licence .....nor the assignee of the debt....or anything in this case being dissolved.

 

What date did you actually default on the agreement when it was was with MBNA ?

 

Regards

 

Andy


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bottom of post 11 andy.


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So only 5 years late in placing the default:wink:


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wasn't there a whole portfolio of the MBNA cards that were sold in 2011/12 to max recoveries/eversheds etc wasn't it

and there was something dodgy about the whole sale.

 

the 2012 default on this one tallies with that time period

so MBNA defaulted the lot and sold them on.

 

was there not also something about Fairfax becoming drydenfairfax too them later only drydens they dropped the Fairfax bit.

 

i'll have to go search credit today I think it was

there was some naughty exposure of directors etc..or something


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I dont think MBNA have ever managed to to get the process of default correct to this day or understand the CCA1974.

 

It could be that they have changed name to drydenfairfax...but its irrelevant they shouldn't have any contact with credit reference agencies


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no correct, but they'll just change it to max recovery.

 

somethings twitching my spider sense on this

 

it'll come to me.

 

sure it was a court claimform thread too


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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According to Companies House Fairfax Solicitors Ltd was dissolved via voluntary strike-off 01 Oct 2013,

 

Your Credit File should reflect the owners name IE Max Recovery Limited....Solicitors shouldn't have access to credit files...they are not a creditor nor do they hold a credit licence .....nor the assignee of the debt....or anything in this case being dissolved.

 

What date did you actually default on the agreement when it was was with MBNA ?

 

Regards

 

Andy

 

The account is showing on the entry that it went into default on 3rd August 2012.

 

This date is wrong because I actually defaulted on the 1st June 2012 when the IVA came into effect.

 

The debt was then sold sometime afterwards to Max Recovery Limited.

 

I telephoned Drydensfairfax Solicitors yesterday and they did confirm it was them showing on my credit file.

 

So legally, where do I stand with this issue?

 

Can I sue Drydensfairfax for damaging my credit file when they don't even owe the debt!?

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"The account is showing on the entry that it went into default on 3rd August 2012.

This date is wrong because I actually defaulted on the 1st June 2012 when the IVA came into effect."

 

Ah so its not recently been placed by Fairfax in May 2017..but was entered by MBNA on 3rd August 2012..it is normal to be 2/3 months after default.

 

You cant sue Drydensfairfax ..they haven't damaged your credit file...but simply inserted their name in place of MBNA after the debt was assigned.

 

Your only argument is that it should be Max Recovery and not Fairfax....not that it makes much difference to you,,,but the ICO may be interested


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