Help with Default removal. Welcome Finance debt sold to MKDP

[Crouchjc88]

I am just wondering if you can help me,

 

I have the £2000 debt from a loan which I had from welcome finance.

 

The default was recorded 3 years after the last payment (December 2006) the default (January 2010)

they have since sold this debt onto MKDP.

 

The issue which I have is this default is now going to be on my file until 2016

and I am hoping to try for a Mortgage next year as my circumstances now are very good

but with this default on my file I highly doubt anyone will accept me.

there anyway which I can get this default removed?

 

Thanks in advance for your kind cooperation.

[maroondevo52]

Hello and Welcome Crouchjc88,

 

I have started a new thread for you in the appropriate Forum, hopefully Brig will have a look and see if he can help.

 

Regards,

 

Scott.

[silverfox1961]

Hi and welcome.

 

Has any payment been made to this debt since dec 2006?

 

With the default, this should be placed as soon as possible and certainly within 6 months. I would raise a complaint with the new creditor and demand they rectify this situation. My thinking is that it should be removed completely as 6 months after the missed payments started is June 07 which is over 6 years ago.

 

If they refuse or try to pass the buck back to Welcome, you can go to the Information Commissioner

[dx100uk]

bet this debts got loads of compulsory insurance and PENALT fees

late letter phone refused DD its raining

 

best get an SAR off to WElcome

to get all the statements

 

dx

[Crouchjc88]

Hi and many thanks for your informative and prompt response. There were definitely no further payments made after that date and I haven't either received anything from welcome or MKDP for atleast 18months.

 

Do you recommend doing this by letter? And should I mark it for the attention of anybody?

 

So I just need to state that the default should be removed as it is unfair that the default was placed 3 years after the last payment was made, is there any acts or laws which I need to quote to back this up?

 

Thanks again.

[BRIGADIER2JCS]

This is a well known Welcome ploy, defaulting accounts immediately prior to selling the account.

 

It can be challenged by making a formal complaint to the Data Controller at Welcome.

 

MKDP will deny responsibility and/or ability to help.

 

The ICO Technical Guidance on Defaults says that defaults should be placed within 6 months of the cause of action.

 

This can be remedied by requiring Welcome to reset the default date to the date of the 3rd missed payment.

 

I t is highly unlikely that the default will be removed by MKDP as they will have no knowledge of the history of the account, and they did not place the default.

This method of dealing with Welcome has been very successful.

[Crouchjc88]

The loan was only for £1200 so yes full of fines etc...

[charharp]

Brig, is asking the for the default date to be set to the 3rd missed payment an option for me with Lloyds?

[BRIGADIER2JCS]

Yes, any default placed more than 6 months after the 'cause of action' can be challenged as unfair. ( This may not apply to certain long term loans, or mortgages under seal)

 

Approach is via the original creditors data controller.

[charharp]

Going off the info I posted when do you think the missed payments will begin from? August 2007?

[Crouchjc88]

Thanks for all your help guys, it really is very much appreciated. I feel like I've had a weight lifted off my shoulders knowing that there is a possibility that this default will be removed as it's been effecting me for years.

 

When I write to the creditor should I put a time limit in which they should reply and should I send it recorded delivery so I have proof that they have received this? Does anybody have a template of letter they have used against welcome before?

 

Thanks

[dx100uk]

pers i'd be getting that SAR off.

 

you need data first to contruct your 'case'

 

if the PENALTY fees are the sole reason for the 'default'

 

then you might have a chance.

 

at this stage we are 'guessing'.

 

dx

[Crouchjc88]

Received a reply from welcome today stating that it can take 8 weeks for them to reply, surely there is a shorter time limit than that?

[BRIGADIER2JCS]

56 days for a formal complaint is correct.

[callahan]

ICO guidelines:

 

“Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed.”

 

“Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.”

 

“Accounts should normally be filed as being in default where those payments due have not been received for six months.”

 

“Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.”

[Crouchjc88]

Hi Guys,

 

 

At last welcome finance have removed the default but now the debt agency they sold this onto MKDP are still showing as the original date and welcome are saying it isn't there job to amend this detail, is this correct?

 

 

I thought it would be there Job as they sold the debt and are the original creditor who supplied the incorrect information to the debt agency when they sold the debt on.

 

 

Help please

 

 

Kind Regards,

[BRIGADIER2JCS]

If MKDP own the debt now they are the data controller.

If you have proof the the default was recorded in 2006, NOT just a default notice being sent, Welcome were notorious for sending DNs but not registering the default.

 

You need all the data from a SAR to WF to challenge this.

[dx100uk]

well hopefully the sar should be already with the OP

as it was recommended 2 mts ago?

 

we cant keep guessing...

 

dx

[BRIGADIER2JCS]

My apologies I am out of touch:lol:

[Crouchjc88]

Hi Guys,

 

Why do I require the SAR?

 

The reason for default removal is because the default was only recorded by welcome 3 years after the 1st missed payment

and this is against the guidelines.

 

Welcome then sold te debt to MKDP,

 

welcome recently apologised and removed the detail they placed on my credit file

but they are saying I have to challenge this with MKDP myself.

 

Is this not the job of welcome as they supplied MKDP with the incorrect information to start with?

 

Thanks

[dx100uk]

post 12?

 

dx

[Crouchjc88]

Hi DX

 

It isn't the fees which we are querying thought it is the actual date they recorded the default

as according to the ICO guidelines defaults have to be recorded within 6 months of the first missed payment,

 

welcome on this occasion recorded the default 3 years after the 1st missed payment

so what they need to do is just amend the data as welcome have already admitted they were wrong

by registering the default so late.

 

The problem is that MKDP haven't been notified of this change by welcome

so it is still appearing on the credit report.

 

Now is it welcomes job to contact MKDP and advise them of the incorrect data which needs amending or the job of me?

[dx100uk]

Hi Guys,

 

 

At last welcome finance have removed the default but now the debt agency they sold this onto MKDP are still showing as the original date and welcome are saying it isn't there job to amend this detail, is this correct?

 

 

I thought it would be there Job as they sold the debt and are the original creditor who supplied the incorrect information to the debt agency when they sold the debt on.

 

 

Help please

 

 

Kind Regards,

 

have you got this in writing from welcome finance?

 

poss send mkdp a copy of the welcome letter stating it was an error due to them

 

and that the wrong info was fwded to mkdp?

 

have you approached one of the cra lot yet?

 

you said:

 

The loan was only for £1200 so yes full of fines etc...

 

................

 

if you get all the statements

 

and you can PROVE this by the statement

 

then the default [and thus the whole account]

 

must be removed....

 

I say again, we cant simply keep guessing/musing here without the data.

 

get all the statement via an sar

 

then you can PROVE the above is true

 

and as a side event probably get £100's to your pocket as well through reclaiming.

 

as it stands so far, you've let welcome finance off lightly here already.

 

dx