MKDP Welcome Finance and new default date Equifax

[newyearseve1970]

Hi all,

 

Im looking for some advise here, I had a car written off that was on finance with Welcome Car Finance,insurance paid out in early 2006 and there was a shortfall in the balance outstanding. I made my last payment 23rd May 2006 (confirmed by MKDP via telephone) so I guess its now SB?

 

My Equifax statement shows MKDP filed as default 2nd January 2010! How can I get them off my back and also remove this default notice from my CRA files? It is the only negative showing on my files but I struggle to get any credit at all.

 

I have asked for proof of debt via telephone and been sent 2 letters from MKDP stating they are requesting docs from Welcome, it’s been 2 months since i requested the agreement.

 

Please point me in the right direction??????]

Edited March 10, 2013 by citizenB
removed bold feature

[citizenB]

Yes, if the last payment made was when you say then this should now be statute barred - dont phaff around asking for an agreement - send the Statute barred letter from the CAG library, link at the top left of each screen. Once they receive that, they should wind their necks back in.

 

You will then need to send a letter to Equifax telling them the same.

 

This should no longer be showing on your Credit files, so tell them to remove it.

 

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice"

is issued. It does not.

 

Limitation clock starts ticking from when the

payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was

missed.

 

People need to be sure that they aren’t being hoodwinked and that

the DCA is extending limitation so they can sue when they are not allowed to.

 

[BRIGADIER2JCS]

MKDP have in the past I thing entered defaults on the date they aquire control of the account this is also not allowed 1 debt 1 default date!!

[newyearseve1970]

Yes, if the last payment made was when you say then this should now be statute barred - dont phaff around asking for an agreement - send the Statute barred letter from the CAG library, link at the top left of each screen. Once they receive that, they should wind their necks back in.

 

You will then need to send a letter to Equifax telling them the same.

 

This should no longer be showing on your Credit files, so tell them to remove it.

 

 

 

Thanks for clearing the issue up I was happy that it was barred but unsure how to tackle the default status. Thank you again.

[newyearseve1970]

MKDP have in the past I thing entered defaults on the date they aquire control of the account this is also not allowed 1 debt 1 default date!!

 

Thanks Brigadier. I presume i'll have to send the same letters stating SB and to clear off default date to all the CRA's??

[BRIGADIER2JCS]

Formal Complaint to the Data Controller of MK is the way to go on the default entry.

 

Default dates and SB are two totally different matters, yes SB letter to MK, but address the default date error as a spearate matter.

[newyearseve1970]

Statute Barred letter sent today by recorded delivery, i'll wait to see if the debt is removed from my CRA files before I then send out the complaint about default date listing on file.

How long before I can expect the SB letter to be actioned and my CRA files cleared of the debt?

[BRIGADIER2JCS]

If the default still has some of the 6 year ''life'' to run then the entry will be removed on the 6th anniversary of the default date, but as the default date is contested then the entry should be removed after investigations.

[newyearseve1970]

Goes from bad to worse, have now created a Noddle account and that states old or closed accounts. According to the closed Welcome Finance account payments were made till March 2008 and not May 2006 as stated by MKDP. I know for a fact I have made no payments since may 2006. The account is not then showing as defaulted till 2010, its then closed and MKDP take it over and default it in the same month.

Do I have to prove my accounts or do they have to prove Ive made payments? Feeling quite angry right now!!

[BRIGADIER2JCS]

Don't worry to much Noddle is often out of date and inaccurate rely on data from the main CRAs Equifax and Experian.

 

The onus of proof falls entirely on them you do NOT have to prove anything!!

[newyearseve1970]

Once again Brigadier, thank you for the support you give on here. Peoples champion!

[BRIGADIER2JCS]

Once again Brigadier, thank you for the support you give on here. Peoples champion!

 

Give me a nudge if you need help!!

[newyearseve1970]

Hi. Just a quick update. I have started and online dispute with Equifax over the details they hold. They are investigating and have contacted a 3rd party to verify the details.

I sent statute barred letter to MKDP LLP and they have today replied stating they are still liaising with the original creditor and will contact me when the receive the documents I have requested?

I can see this being a long drawn out process!!!

[BRIGADIER2JCS]

Yes a wait and see prospect please be aware that the default entry will not be removed if it still has time to run even if the debt is statute barred, the two dates are not the same.

[newyearseve1970]

Yes a wait and see prospect please be aware that the default entry will not be removed if it still has time to run even if the debt is statute barred, the two dates are not the same.

 

My concern is that Welcome finance default is Jan2010 when last acknowledgement was May2006. Does that mean ive still this on my files till Jan2016??!!

[BRIGADIER2JCS]

This will take time to clear up, if you consider just how many similar and varying queries companies have to handle.

[newyearseve1970]

Yes a wait and see prospect please be aware that the default entry will not be removed if it still has time to run even if the debt is statute barred, the two dates are not the same.

 

My concern is that Welcome finance default is Jan2010 when last acknowledgement was May2006. Does that mean ive still this on my files till Jan2016??!!

[BRIGADIER2JCS]

That's what we wait for the data to challenge confidently.

[newyearseve1970]

That's what we wait for the data to challenge confidently.

 

Have now recieved email back from Equifax about the dispute. They will not change any details on the account without permission from MKDP and will now remove the in dispute tag from the account

Without the information from Welcome Finance, MKDP will not change there stance on it and likewise Equifax will not change it without MKDP telling them to. Ive waited 3months for proof of debt from MKDP and still nothing.

Why are Equifax allowed to hold the incorrect details for all to see and I can do nothing to remove them?

[renegadeimp]

Credit agencies can only update the file with the info they are given by the creditor.

[BRIGADIER2JCS]

This is true, and highlights how wrong the statements from some creditors and DCAs are when they claim a data subject must take up incorrect entries with the CRAs.

 

Many are using this ''excuse'' seen some on CAG recently.

[newyearseve1970]

This is true, and highlights how wrong the statements from some creditors and DCAs are when they claim a data subject must take up incorrect entries with the CRAs.

 

Many are using this ''excuse'' seen some on CAG recently.

 

How can I then sort this out? Is there not a time limit

that a DCA must provide proof of accounts and debt when requested by the individual named and credit files marked?

[renegadeimp]

Sounds like you need a strongly worded letter sent to the data controller of your creditor.

[newyearseve1970]

Sounds like you need a strongly worded letter sent to the data controller of your creditor.

 

Looking at other threads on here also regarding MKDP, i might look into small claims court.

[renegadeimp]

You need to follow procedure first. Dont skip right to the end. It wont work out well.