MMF posting a Default - legal?

[Mhopkinson]

Hi All

 

Bit confused as im getting mixed answers reading online.

 

I have no knowledge of a debt that MMF are declaring i owe them.

Recently, they issued a default on my credit file.

 

I have no idea who the original debt is with, but thats besides the point for now.

 

Is it legal for a DCA to post a default on my credit file?

If yes or no, can someone link me into the law that declares that answer; as im going round in circles trying to find an answer!

 

Thanks for all your help

[citizenB]

If they have ownership of a debt in your name, then they should have let you know that the debt had been assigned to them and yes they can record defaults..

 

However, if there is no debt then the answer is no, they cant !

 

Have you had a Pay Day Loan with anyone that you have defaulted on ?

[Mhopkinson]

Hi

Even if they are not the creditor, they can still issue them despite the original creditor not issuing one?

Alot of people have said they cant issue it, hence im getting a bit confused!

 

I have had PDL's in the past, but were all paid off along time ago. This default is nearly 2 years old according to my credit file, but only appeared in May of this year. I have not had a breakdown of the charges or fees, when it was issued or who the debt was, or when they bought it and any proof of an original signed document by myself to prove i have a debt.

 

It almost feels like they are basically just trying their luck at getting me to give them some money!

[Mhopkinson]

Hi again,

Just seen someone comment this on another thread:

 

'For a start it has been issued by a DCA(NDR). DCA's cannot issue a default notice unless they are the "creditor" as defined by the Act. Clearly they aren't. INVALID'

 

Sorry to be a pest!

[filrobbo]

They must be sure the debt is yours before they do anything

[dx100uk]

they mark the debt defaulted

but they cannot change to org default date

 

they cannot issue default notices

mind

 

dx

[Mhopkinson]

See, this is the problem

 

CitizenB is saying they can issue defaults,

Dx, you're saying they cant.

 

Does anyone have a link to what the law stipulates with interpretations?

[renegadeimp]

Only the original creditor can enter a default unless the terms and conditions of the original agreement allow for a new owner to add one. 99.99% of the time though, the OC adds teh default on the day before or the same day they sell the debt on, so you never actually see the OC's name listed.

[dx100uk]

just remember there is a diff between the debt being defaulted in the summary top line

which is typically to do with a default notice

which can only be issued by the original creditor.

though just because they issue one, they don't have to register the default at that time.

 

and

 

default markers in the monthly section

a buyer can add those [1,2.3, 6,8,D] etc

 

though as has been pointed

I would suggest the OC defaulted before sale.

 

so, whats the debt all about, I would guess a payday loan?

 

dx