Same debt defaulted with two companies help!

[kellymatthews]

Hi

 

I wonder if anyone can help me I had a credit card with Marbles I got into arrears back in 2011 and in May 2011 Marbles issued a default on the account. I telephoned Marbles to agree repayment and they told me the debt had been sold/transferred to 1st Credit. I duly received a phone call from 1st Credit and agreed a payment plan, I never missed a payment and made my final payment in July 2012. I notice from looking at my Experian report that both Marbles and 1st Credit have me showing as defaulted. I checked with 1st Credit and they said it was correct that they would also be showing a default but that it hadnt been marked as satisified but it should be and they will correct that.

 

I have written to Marbles asking them to mark the default as satisifed with the three credit ref agences. My question can Marbles and 1st Credit both show a default for the same debt? Additionally as I never missed a payment with 1st Credit can they still show the default symbol and 8 missed payment marker each month? What is my next approach as I obviously don't want these showing on credit report!

 

Many thanks in advance for any help you can provide.

 

Kelly

[BRIGADIER2JCS]

Hi Welcome to CAG,

Ok the original default by Marbles should have been removed/updated by 1st credit, and only one entry should show.

Are the default dates the same?

The payments to 1st Credit are irrelevant the CANNOT place another default with a new date.

Send a written complaint to the credit reference agencies regarding the 2 entries for one debt, and place a notice of dispute on the Marbles entry.

 

The dates on these entries are important please check and let us know if they are different.

[kellymatthews]

Thanks so much for replying. I have just checked the default dates are the same for Marbles and 1st Credit both on 14th May 2011, they show the same account number etc and when I telephoned Marbles to try and pay the arrears at the time they said I would have to speak to 1st Credit and couldn't pay them, it appears this intervening period is when they defaulted me!

[BRIGADIER2JCS]

Ok it is the Marbles entry that has to go.

 

Send the following letter to the Data Controller at Marbles.

 

Ref: xxxxxxxx (card No. xxxxxxx)

 

 

Complaint reference Credit File Entries.

 

 

Dear Sir or Madam,

 

I refer to my Marbles Card Account No. xxxxxxxxxxxxxxxx now passed to 1st Credit their ref: No.xxxxxxxxxxxx, it has come to my notice that there are 2 identical default entries regarding this account the original Marbled entry and a new entry made by 1st Credit as you will be well aware there should only be one entry made against any account and I therefore demand the removal of the entry place by Marbles.

 

I am disputing the entry with the credit reference agencies at the same time.

This entry is also incorrect as it does not show the account as statisfied.#

 

I would expect Marble to take immediate action on this matter and require written confirnation that the Marbles entry has been removed from all files.

 

Send RD check receipt.

 

 

The 1st Credit entry will correctly remain on file for 6 years from the default date.

[kellymatthews]

Thank you for this. Very grateful for your assistance. Letter going out to Marbles today. I am going to try 1st Credit as well see if I can appeal to their better nature as the default was settled on 1st July 2012 and they have updated as at 7th October 2012 as still outstanding! Its quite amazing how much wrong information they can put on your credit file, considering how important credit records are. Thanks again.

[Jamesx81x]

Did Marbles notify you in writing that the debt had been assigned to 1st credit by as they are required by law to do so.You could have requested the paper work to see if the default notice and everything was in order but im not sure if you can still get it once a debt has been cleared, others may know.Also did you have any charges or PPI etc applied to the credit card account?James

[kellymatthews]

No they didnt the first I knew is when I telephoned Marbles to make a payment and they said I had to speak to 1st Credit. Then when I spoke to 1st Credit they told me the account had been defaulted. It all came as a surprise to me. Charges I did have some yes for late payments and going over the credit limit. Thanks

[Jamesx81x]

As credit card charges do nit full under the recent OFT case on bank charges you can legally claim them back.

 

You can then argue the default notice was inaccurate due to it containing unlawful charges. The normal thing would be they would issue an up to date default notice but seen as there is no longer an agreement so they wouldnt be able to.

 

The information they place on your file has to be correct to meet with the DPA.