DCA continue to chase "debt" after losing in Court

[dx100uk]

they haven't done anything - no -one has sold the debt on again....

 

 

you've simply responded to a phishing letter without doing the necessary research.

 

 

MKDP were purchased by Hoist Portfolio Holdings 2 Ltd in 2015

robbersway and just another trading name of HPH2 hoist.

 

 

all the same lot.

 

 

ignore

[ITmanrichard]

We would ignore, but we have wanted to remortgage for 2 years now and can't because of this on my wife's credit file.

 

It's just not justice; I'm not saying life's fair sometimes but this takes the Mick.

[dx100uk]

well that's nothing to do with the owners now

bc defaulted you upon sale.

 

 

if that's not correctly registered then go talk to bc.

 

 

when did she miss her third due payment?

[ITmanrichard]

She didn't?

It was paid in full by the time BC sold it to 3rd Party

- 3rd Party registered it as default straight away without any opportunity to pay

 

what do you mean nothing to do with owners?

There iwas no debt to own in the first place?

 

 

They own nothing, that is the point here which with all due respect I think is a point you are missing?

[dx100uk]

a debt buyer cant default a credit file

all they can do is mirror the date that the original creditor registered in their own entry about the account they now own.

 

you need to understand how credit files work.

 

for the original creditor to take £8k of an £11k PPI reclaim to settle the outstanding balance, then there must have been a debt.

 

unless she had never missed a payment to that date then you are correct. no default should be registered.

 

if she had missed payments, to be correct the 3rd time, then under the information commissioners rules and guidelines they were entitled to default the debt

but the DATE of the default must be the correct one - the date of the third missed payment, not when they sold the account on.

 

I understand what you are saying . but you need the correct data to challenge the original creditor and

get them to correct the defaulted date ,

 

so have you all the statements?

[ITmanrichard]

Hi there, thanks for responding again, I don't want you to think that I am not grateful:

 

I briefly touched this earlier on in the thread

- my wife was admitted to hospital for quite some time

- she was late (not missed) one payment

- I had to get her to sign a document giving me the right to deal with the matter,

 

 

I called them and whilst she was in hospital they agreed a reduced payment schedule which we stuck to exactly

- then shortly after she came out of hospital we learned that they had defaulted her despite saying that if we kept up the payments they would not do this.

 

They told us at the time she didn't have PPI which is why with a job that didn't pay sick pay, we struggled with the payments (and others too).

 

 

At a later date we requested to check for miss-sold PPI and found out she did indeed have PPI all along, we didn't actually click on at the time that she should have been paid out whilst in hospital, and then she would of never missed any payments or had a payment plan.

Despite sticking to this plan they defaulted her and immediately sold the debt.

 

 

Yes they did "mirror" the default but its on the credit file from BC and MKDP LLP concurrently and the number of defaults is listed as 2.

Experian said this should not happen, but told us to contact BC to sort out who never did.

 

This was from 2011 which is why it "drops off" her file later this year;

Robinson Way actually told us this??

 

 

Like I said they have been informed it went to Court and MKDP LLP (HPH2 Ltd) lost,

they have been provided with the Court date, location and case number.

 

 

they know she only has a default until December, they know there was a Court Case in which it was proved she did not owe a penny, yet still they chase.

 

Despite it not being RW who lost in Court they have all the details yet continue to harass and make vexatious claims - surely this is wrong on so many levels, and surely a judge wouldn't be impressed?

 

Sorry for the rant but when you paid a debt off years ago how long can you be chased for that debt without getting extremely annoyed, I cant say on here what I really think.

 

We don't have all the statements but at some point we sent SAR and have therefore got a printout of everything.

 

Hey hold a minute,

so if MKDP LLP, HPH2 Ltd and RW are all part of Hoist surely there is no excuse for not knowing that MKDP lost this in Court already?

 

 

So WHY are they chasing, surely this is just not legal?

[dx100uk]

prove she didn't default then and demand bc removed the default and seek compensation.

 

 

but as I said earlier..

 

 

for the original creditor to take £8k of an £11k PPI reclaim to settle the outstanding balance, then there must have been a debt.

 

unless she had never missed a payment to that date then you are correct. no default should be registered.

 

if she had missed payments, to be correct the 3rd time, then under the information commissioners rules and guidelines they were entitled to default the debt

but the DATE of the default must be the correct one - the date of the third missed payment, not when they sold the account on.

 

 

late/missed sadly makes no odds.

 

 

having 2 defaults for the same debt does not harm you more than one.