Marlin applying new default to expired debts?

[bongo boy]

Hi all,

 

More to discuss ! Another of my colleague/friend in need's issues relate to Marlin, seem a lovely bunch... re an old EGG Account which defaulted in Aug 2005.

 

Not yet Stat barred

however as they continued to make payments through the CCCS until early / mid 2009

(awaiting confirmation of exact date but still under six years for definite)

 

Question is

as this was defaulted by EGG in 2005

how can Marlin apply another default in Nov 2011?

Surely they cannot do this as it just continually resets the 6 year period?

 

It seems that Marlin didn't take the account over until Feb 2013

 

EGG were absorbed by Barclaycard in 2011 could they have done it?

 

Either way surely if it has defaulted once it cannot do so again over 6 years later ?

 

Your advice would be very welcome!

 

Cheers

 

Bongo !

[Bazooka Boo]

Short answer is that they can't.

 

You need to raise the matter with their data controller informing them to remove the incorrect data immediately or face legal action for defamation.

You can also place a notice of correction on the file, and inform the CRA that they are processing inaccurate data.

 

There is also the ICO in the event that these clowns fail to remove the data.

And the obligatory complaints to the FCA is a must.

[renegadeimp]

Is it the actual default, or just the last updated marker? A lot of people confuse the two.

[BRIGADIER2JCS]

Is your friend absolutely certain that a default was actually supplied, often DNs are issued but not followed through for various reasons e.g., a short term payment plan is entered in to or arrears are paid as required by the DN?

[bongo boy]

Is it the actual default, or just the last updated marker? A lot of people confuse the two.

 

No definitely says default date of Nov 2011 (previously Aug 2005) last updated date shows 06/2014.

[bongo boy]

Is your friend absolutely certain that a default was actually supplied, often DNs are issued but not followed through for various reasons e.g., a short term payment plan is entered in to or arrears are paid as required by the DN?

 

Hi there, they have a credit report form 2011 showing the default date as 08/2005, and creditor as Egg.

 

Now it shows this week as Marlin with a default date 11/2011.

 

Surely the original default would've dropped by 08/2011?

 

Another credit report from 01/2012 doesn't list this account at all indicating it had dropped from the file?

[BankFodder]

Short answer is that they can't.

 

You need to raise the matter with their data controller informing them to remove the incorrect data immediately or face legal action for defamation.

Sorry, but I disagree very strongly with this advice.

 

First of all is probably not defamatory. Defamatory must be an untrue statement and if there is an outstanding debt the fact that it has been more than six years since the last payment or acknowledgement does not mean that it is any less a debt. Therefore a fresh entry on the credit file is probably not at all untrue.

 

More importantly, establishing defamation is a very complicated and very expensive business. It takes you completely out of the small claims arena and it is beyond the scope of the ordinary average individual who is under stress anyway and in debt and really wants to get a quick-ish solution.

 

A defamation action is potentially very dangerous because of the risk of costs. Once you started it you have to continue because otherwise you will be liable for substantial wasted costs.

 

Finally, anybody who goes on threatening defamation to any lawyer will immediately lose credibility. No corporate lawyer will take any threat of defamation from an ordinary individual who has got debt problems at all seriously until the court papers actually arrive.

 

If you want to take action on this kind of thing then you have to look to the Data Protection Act. That is a small, sensible course of action they will have the effect you want and will also get you damages if it has cause you distress and which can be brought in an ordinary Small Claims Court.

 

The Data Protection Act in theory supplies consumer-remedies. Defamation most certainly does not.

[BRIGADIER2JCS]

I agree this is a matter for the ICO the manipulation of data in this way accidental or intentional I wrong.

It is not unknown for certain DCAs and/or debt purchasers to "amend" default date to the date on which

they acquired the debt.

 

 

Address this firstly to Marlin as a formal complaint aim it at their Data Controller, you have the credit report to back up.

 

 

If the response to the Formal Complaint is unsatisfactory then it's complaints to the FCA and ICO (regulators will look for effort to reach a conclusion prior to receiving a complaint).

[bongo boy]

Sorry, but I disagree very strongly with this advice.

 

First of all is probably not defamatory. Defamatory must be an untrue statement and if there is an outstanding debt the fact that it has been more than six years since the last payment or acknowledgement does not mean that it is any less a debt. Therefore a fresh entry on the credit file is probably not at all untrue.

 

More importantly, establishing defamation is a very complicated and very expensive business. It takes you completely out of the small claims arena and it is beyond the scope of the ordinary average individual who is under stress anyway and in debt and really wants to get a quick-ish solution.

 

A defamation action is potentially very dangerous because of the risk of costs. Once you started it you have to continue because otherwise you will be liable for substantial wasted costs.

 

Finally, anybody who goes on threatening defamation to any lawyer will immediately lose credibility. No corporate lawyer will take any threat of defamation from an ordinary individual who has got debt problems at all seriously until the court papers actually arrive.

 

If you want to take action on this kind of thing then you have to look to the Data Protection Act. That is a small, sensible course of action they will have the effect you want and will also get you damages if it has cause you distress and which can be brought in an ordinary Small Claims Court.

 

The Data Protection Act in theory supplies consumer-remedies. Defamation most certainly does not.

 

I agree, I don't think they are bothered by the issue other than removing the inaccurate default info if possible. I certainly don't think they would want to get involved in defamation action at all, Cheers Bongo

[bongo boy]

I agree this is a matter for the ICO the manipulation of data in this way accidental or intentional I wrong.

It is not unknown for certain DCAs and/or debt purchasers to "amend" default date to the date on which

they acquired the debt.

 

 

Address this firstly to Marlin as a formal complaint aim it at their Data Controller, you have the credit report to back up.

 

 

If the response to the Formal Complaint is unsatisfactory then it's complaints to the FCA and ICO (regulators will look for effort to reach a conclusion prior to receiving a complaint).

Thanks ! I'll put together a response for them to send to Marlin then and see what happens from there, thanks for the advice, cheers Bongo

[BRIGADIER2JCS]

Thanks ! I'll put together a response for them to send to Marlin then and see what happens from there, thanks for the advice, cheers Bongo

Take care be careful to be accurate and supply copies of supporting evidence.

[bongo boy]

Take care be careful to be accurate and supply copies of supporting evidence.

 

Thank you, it seems fairly straight forward,

 

in 2011 its there on the credit report as EGG with a date of Aug 05,

 

then on the report of Jan 2012 its not there at all,

 

but then in report 07/14 it's back again as Marlin with a date of 11/2011.

 

What helps me is they have kept copies of everything so helping them get this sorted would seem relatively easy with this evidence?

 

Bongo

[BRIGADIER2JCS]

Thank you, it seems fairly straight forward, in 2011 its there on the credit report as EGG with a date of Aug 05, then on the report of Jan 2012 its not there at all, but then in report 07/14 it's back again as Marlin with a date of 11/2011.

 

What helps me is they have kept copies of everything so helping them get this sorted would seem relatively easy with this evidence?

 

Bongo

 

 

Nothing that appears easy when dealing DCAs and debt purchasers usually is especially where data problems are concerned.

[bongo boy]

Nothing that appears easy when dealing DCAs and debt purchasers usually is especially where data problems are concerned.

 

Never a truer word spoken I fear ! Will tread carefully... the person concerned is in a bit of a state as all seems to be resurfacing at once... have tried to reassure them all will be ok but these never seem to let up...

[renegadeimp]

Thats how DCA's work sadly. The key is to stay strong and understand that 99% of everything a DCA says is lies.

[bongo boy]

Thats how DCA's work sadly. The key is to stay strong and understand that 99% of everything a DCA says is lies.

 

yes i'm with you there, this is why they came to see me when they got this info, reckoned i'd got the right attitude as not easily frightened or confused by the rubbish DCA's chuck out...

[The GodMother]

Thank you, it seems fairly straight forward,

 

in 2011 its there on the credit report as EGG with a date of Aug 05,

 

then on the report of Jan 2012 its not there at all,

 

but then in report 07/14 it's back again as Marlin with a date of 11/2011.

 

What helps me is they have kept copies of everything so helping them get this sorted would seem relatively easy with this evidence?

 

Bongo

 

Partly disagree with Brig.

What is easy is you have all the evidence as everything has been printed off and kept. This makes providing evidence to the relivant parts easy. The hard part is getting them to admit they are wrong and then getting them to put it right.

Tho for the first time they could prove us wrong.

[BRIGADIER2JCS]

Partly disagree with Brig.

What is easy is you have all the evidence as everything has been printed off and kept. This makes providing evidence to the relivant parts easy. The hard part is getting them to admit they are wrong and then getting them to put it right.

Tho for the first time they could prove us wrong.

The way to get results is to robust and firm with DCAs if one ASKS for something it is most likely that it will not happen, do not " pussy foot" around, tell them what you want then tell them again, too much is lost by a weak approach.

[The GodMother]

The way to get results is to robust and firm with DCAs if one ASKS for something it is most likely that it will not happen, do not " pussy foot" around, tell them what you want then tell them again, too much is lost by a weak approach.

 

Yes you have to be firm giving them a list of things they need to do BUT my point was the companys and regulators cant say no evidence as you have it all.

[bongo boy]

Yes you have to be firm giving them a list of things they need to do BUT my point was the companys and regulators cant say no evidence as you have it all.

 

Indeed, thanks for the help with this one, I shall put together a letter for them to send informing Marlin they need to remove the default or else.. also that the account appears in dispute as no CCA ever recd as far as I can see.

[bongo boy]

This is what I am intending to send on behalf of my mate, have I missed anything?

 

The Data Controller

Marlin Financial Services Limited

Etc

XX July 2014

I do not acknowledge any debt to yourcompany

DearSirs,

 

Ithas been recently brought to my attention that you have added a default noticeto my credit file in relation to an alleged credit account, your ref xxxxxx.

Asyou will be aware this matter is in dispute as a request for a copy of thecredit agreement pertaining to this alleged debt was requested on xxxx 2009 andhas not been satisfied.

Furthermorea default was issued relating to this account on xxxx 2005 therefore you maynot then add a second default relating to this matter.

Pleasefind enclosed copies of the relevant entries on my credit file from xxxx 2011,xxxx 2012 and xxxx 2014. As this clearly shows that the account and default lapsedfrom my record in 2011 and is not present in the xxxx 2012 report, however the xxxx2014 report clearly shows you have added a second default relating to thisalleged debt.

You should be aware thata creditor is not permitted to take ANY Action against an account whilst itremains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such thefollowing applies.

 

* You may not demand any payment on the account, nor am I obliged to offer anypayment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with anycredit reference agency.

* You may not issue a default notice related to the account

I therefore request thatyou cease processing any data relating to this account immediately, removeall references to it from my credit file immediately, confirming in writing that this has been completed, and the alleged account closed.

If you are unable to comply with this request and believe that you will never beable to comply with this request please confirmthis in your response. Please note that if you fail to action this request immediately then I will lodge complaints with the Information Commissioners Office and the Financial Conduct Authority without further reference to you.

Yours faithfully

xxxx

Your advice and help would be appreciated ! Thanks in advance, Bongo !

[BRIGADIER2JCS]

This is what I am intending to send on behalf of my mate, have I missed anything?

 

The Data Controller

Marlin Financial Services Limited

Etc

XX July 2014

I do not acknowledge any debt to yourcompany

DearSirs,

 

Ithas been recently brought to my attention that you have added a default noticeto my credit file in relation to an alleged credit account, your ref xxxxxx.

Asyou will be aware this matter is in dispute as a request for a copy of thecredit agreement pertaining to this alleged debt was requested on xxxx 2009 andhas not been satisfied.

Furthermorea default was issued relating to this account on xxxx 2005 therefore you maynot then add a second default relating to this matter.

Pleasefind enclosed copies of the relevant entries on my credit file from xxxx 2011,xxxx 2012 and xxxx 2014. As this clearly shows that the account and default lapsedfrom my record in 2011 and is not present in the xxxx 2012 report, however the xxxx2014 report clearly shows you have added a second default relating to thisalleged debt.

You should be aware thata creditor is not permitted to take ANY Action against an account whilst itremains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such thefollowing applies.

 

* You may not demand any payment on the account, nor am I obliged to offer anypayment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with anycredit reference agency.

* You may not issue a default notice related to the account

I therefore request thatyou cease processing any data relating to this account immediately, removeall references to it from my credit file immediately, confirming in writing that this has been completed, and the alleged account closed.

If you are unable to comply with this request and believe that you will never beable to comply with this request please confirmthis in your response. Please note that if you fail to action this request immediately then I will lodge complaints with the Information Commissioners Office and the Financial Conduct Authority without further reference to you.

Yours faithfully

xxxx

Your advice and help would be appreciated ! Thanks in advance, Bongo !

 

 

 

Some Points:

1. The account can and will be reported to CRAs.

2. It can be sold or assigned (something often seen when a company gives up trying to collect).

3. A default notice and an actual default are totally different.

 

 

I would reword this as follows amend to suit.

Private & Confidential.

Mr Ken Stannard

CEO The Marlin Group of Companies.

 

 

Formal Complaint:

Re: Inaccurate Data On Credit Reference Files.

 

 

Marlin Ref:

 

 

Dear Mr Stannard,

 

 

This is a formal complaint regarding the conduct of Marlin Financial Services in relation to causing inaccurate data to be displayed on my credit reference files .

 

 

An alleged debt acquired by Marlin arising from an account with xxxxxxxxxxx, was defaulted by the original creditor on xx.xx, 2005 and was removed from the credit files on xx.xx.2011 in accordance with the practice of removal on the 5th anniversary of the default date.

 

 

Having checked my credit files I now find that Marlin has now placed an entry on my credit files on xx.xx.2014 and as you must be well aware this is improper, inaccurate and damaging to my credit profile.

 

 

I now Require Marlin to immediately remove all references to this account from All credit reference files to which it has reported,

Marlin will confirm in writing that it has done so.

 

 

I also expect Marlin to make a substantial offer of redress for its manipulation of this data.

 

 

I reserve the right to make a complaint to the ICO regarding Marlins conduct.

 

 

I enclose herewith copies of relevant credit report entries.

 

 

It is understood that Marlin has 56 days to investigate and respond to this complaint, but considering the seriousness of this matter I would expect a prompt response.

 

 

Use signed for post and check delivery.

[bongo boy]

Some Points:

1. The account can and will be reported to CRAs.

2. It can be sold or assigned (something often seen when a company gives up trying to collect).

3. A default notice and an actual default are totally different.

 

 

I would reword this as follows amend to suit.

Private & Confidential.

Mr Ken Stannard

CEO The Marlin Group of Companies.

 

 

Formal Complaint:

Re: Inaccurate Data On Credit Reference Files.

 

 

Marlin Ref:

 

 

Dear Mr Stannard,

 

 

This is a formal complaint regarding the conduct of Marlin Financial Services in relation to causing inaccurate data to be displayed on my credit reference files .

 

 

An alleged debt acquired by Marlin arising from an account with xxxxxxxxxxx, was defaulted by the original creditor on xx.xx, 2005 and was removed from the credit files on xx.xx.2011 in accordance with the practice of removal on the 5th anniversary of the default date.

 

 

Having checked my credit files I now find that Marlin has now placed an entry on my credit files on xx.xx.2014 and as you must be well aware this is improper, inaccurate and damaging to my credit profile.

 

 

I now Require Marlin to immediately remove all references to this account from All credit reference files to which it has reported,

Marlin will confirm in writing that it has done so.

 

 

I also expect Marlin to make a substantial offer of redress for its manipulation of this data.

 

 

I reserve the right to make a complaint to the ICO regarding Marlins conduct.

 

 

I enclose herewith copies of relevant credit report entries.

 

 

It is understood that Marlin has 56 days to investigate and respond to this complaint, but considering the seriousness of this matter I would expect a prompt response.

 

 

Use signed for post and check delivery.

 

Hi, thanks for the info and advice but i'm confused surely it is in dispute if they haven't supplied a CCA? The request was lodged years ago but nothing resembling an agreement has ever been supplied? Do I not mention this then? Should it not be 6 years before the default is removed?

Edited July 11, 2014 by bongo boy
amend response re 6 year default

[The GodMother]

You dont need to tell them that. They are abusing your CF amd need to stop this immediatly

[bongo boy]

You dont need to tell them that. They are abusing your CF amd need to stop this immediatly

thanks very much, ok will go with the response as dictated, and not mention the rest yet! One other thing though isn't it six years not five before the default drops off the file ?