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Thread: MKD LLP Duplicate Default on Credit Report

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    Default MKD LLP Duplicate Default on Credit Report

    Hi Everyone.
    I have recently had a new credit account placed on my credit file.
    It is from a company called MKD LLP which relates to an old welcome finance loan and HP Agreement which was taken out some 9 years ago...

    The Original Defaults from Welcome Finance are marked as Defaulted in August 2006 as you can see below.....
    Hire Purchase from Welcome Financial Services Plc (I) / XXXX021P
    Name xxxxxxxx Date of Birth xxxxxxx
    Terms 61 @ £ 97 (Monthly) Status Settled
    Current Balance £ 0 Start Balance £ 0
    Credit Limit £ 0 Default / Delinquent Balance £ 3,846
    Start Date 31/03/2004 Date Updated 31/03/2008
    Date Last Delinquent Date Satisfied 31/03/2008
    Default Date 15/08/2006
    Payment History
    This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block
    J F M A M J J A S O N D
    2008
    2007
    2006
    2005
    Loan from Welcome Financial Services Plc (I) / XXXX454P
    Name xxxxxx Date of Birth xxxxx
    Terms 25 @ £ 49 (Monthly) Status Settled
    Current Balance £ 0 Start Balance £ 0
    Credit Limit £ 0 Default / Delinquent Balance £ 813
    Start Date 09/06/2005 Date Updated 18/03/2008
    Date Last Delinquent Date Satisfied 18/03/2008
    Default Date 21/07/2006
    Payment History
    This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block
    J F M A M J J A S O N D
    2008
    2007
    2006
    2005
    ------------------------------- merged -------------------------------
    MKDP LLP have recently added the following information to my credit file...
    Hire Purchase from Mkdp Llp (I) / XXXXXX3589
    Name xxxxxx Date of Birth xxxxx
    Terms 0 @ £ 0 (Monthly) Status Defaulted
    Current Balance £ 3,201 Start Balance £ 0
    Credit Limit £ 0 Default / Delinquent Balance £ 3,191
    Start Date 31/03/2004 Date Updated 23/02/2012
    Date Last Delinquent Date Satisfied
    Default Date 01/01/2010
    Payment History
    This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block
    J F M A M J J A S O N D
    2010
    Loan from Mkdp Llp (I) / XXXXXX0109
    Name xxxxxx Date of Birth xxxxxxxx
    Terms 0 @ £ 0 (Monthly) Status Defaulted
    Current Balance £ 269 Start Balance £ 0
    Credit Limit £ 0 Default / Delinquent Balance £ 219
    Start Date 09/06/2005 Date Updated 23/02/2012
    Date Last Delinquent Date Satisfied
    Default Date 01/01/2010
    Payment History
    This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block
    J F M A M J J A S O N D
    2010
    ------------------------------- merged -------------------------------
    These accounts were defaulted back in 2006 but they have registered the dafault date as 2010.
    I have done some research on this and as far as im aware they have to register to the original default date only by law.
    Upon quering this with equifax online dispute MKDP LLP responded with the following .....

    This was a Welcome Finance HP agreement taken out 31/03/2004 at a previous address which defaulted on 01/01/2010

    Our company purchased the account from Welcome Finance
    .
    Welcome Finance would have amended your credit file to enable MKDP LLP to upload the data to your credit file being the new legal owners of the account / debt

    Our default has been replaced by the original default this will remain on your credit file for 6 years from the original date 01/01/2010

    I have requested copies of the original paperwork from Welcome Finance which can take 6/8 weeks to be received. I will then send these to you
    ------------------------------- merged -------------------------------
    Is the evidence on my credit file enough for the credit reference agencies to have this removed if I query the entry?
    I have filed for this to be done but want to get the ball rolling in the right direction if other methods are needed.
    Im pretty sure that they have falsified the information as I have never spoken to them or was I living at the address the registered the default at on the date they specify....
    Any help would be appreciated as its doing my head right in.
    Thanks
    Last edited by karimhopkins; 7th May 2012 at 12:03:PM. Reason: Automerged Doublepost

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    Default Re: MKD LLP Duplicate Default on Credit Report

    First thing, Karim, could you please remove your personal details from your post, i.e. your full name and date of birth. Simply, put a row of xxxxxxx s in its place. This is for your security.

    Second thing, if the original default date was in 2006, that's what should be showing on records, not 2010. If you have pretty clear evidence of falsification of a record such as this, I would be inclined to contact the Information Commissioner's Office (ICO) and seek their advice and guidance. Their website is at Data Protection and Freedom of Information advice - ICO. However, please be aware that their helpline can get busy at times, so be persistent. If the ICO feels MKDP LLP has breached the Data Protection Act 1998 (DPA) in any way they have the power to take action against them. As of 6 April 2010, ICO has the power to impose a financial penalty of up to £500,000 on those who breach the DPA.

    Give the ICO a ring tomorrow. If the documents MKDP LLP say they are sending you show evidence that the entry on your credit file is incorrect or false, then you will almost certainly have to go back to the ICO. Don't try taking on MKDP LLP yourself.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Thanks for the reply.
    I was assuming the same..
    I done a check with Call Credit Last night also and noticed MKDP LLP logged th same info with this CRAs records also, As the welcome loans dont show on Call Credit at all would I not have sufficient evidence for this agency to remove the records...
    Is this likely to be a lenghy process to get sorted and would I have to speak to all 3 CRAs.
    Do I need to provide any evidence of the original loans as they were sub 2003 and I would not have anything to show if I was asked for it.
    Your help is again appreciated.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Does anyone have any other advice with this?
    I have logged a complaint to the ICO via the Internet and have provided them all of the evidence I have.
    Welcome Finance have also falsified the original dates as I took out the original loans back in 2002.
    Ill post the outcome for whoever is interested.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Personally i would send a formal letter before action to MKLLP with copies of the evidence of the original Default dates, and inform them that just because they may have purchased the debts back in 2010 or feel that the default should be on your file for another 4 years due to the original defaults being due to fall off your file this year, it does not give them the right to post inaccurate default dates to all 3 credit reference agencies in breach of the data protection act 1998. The act is clear that all data most be accurate. Therefore if the libellous data is not removed or corrected you will sue them for libel. Also as welcome have not removed their original records on your credit files, then they should not be posting anything on your file until such the original creditor has removed their original records and Mkllp records most be exactly match as those of the original creditors. As things stand, your file is now showing 4 seperate defaults, for 4 accounts when they are all for the same 2 accounts with the original creditor. Tell them they have 30 days in which to remove said defaults.

    Or better still, you will be better of waiting till july as the original ones will have dropped of your credit files by then meaning 6 years have passed and the debts are statued barred as of the 21 july 2012 or if your in scotland its 5 years so will have been statued barred last july. Once its statuted barred, send them a letter with copies of your credit file showing the original default dates, telling them to remove their inaccurate and libellous defaults as the debts are statued barred and if they do not remove the defaults you will deem them as libellous and sue them for libel as a result.
    Last edited by teaboy2; 9th May 2012 at 10:11:AM.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Hey Thanks for the reply.
    Even the defaults registered by Welcome Finance seem to be false as I took out the loans before 2003 and I know that for a fact.
    Ive already submitted a case for the ICO to deal with.
    In my opinion none of the defaults should be there and should all be statue barred.
    I hope the ICO Request copies of the original credit agreements as the dates will be years out.
    I hope this does not constitute as acknowledging a debt with them?

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Hi the date you took the loans out is irrelevant as its 6 years from when you defaulted or made last payment towards a default debt when the statued barred clock starts. Also an incorrect default can cause you financial deteriment which is how you win a libel case, as it has to cause you a deteriment of some kind. The start dates being wrong do not cause you a deteriment, but a incorrect default can prevent you getting credit hence causing you financial deteriment.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    1 more thing does the default address have to be the address i was living at on the date of a said default notice being applied to my file?

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Quote Originally Posted by karimhopkins View Post
    1 more thing does the default address have to be the address i was living at on the date of a said default notice being applied to my file?
    Your current address should be on your credit file. The default notice send by the creditor to you when you originally defaulted, should have been sent to your address at the time you defaulted. If you have moved address since then your credit file should have been updated to show your new address. It is your name and DOB that is blacklisted when you default, not the address. So address is irrelevant when it comes to a default against your name. However if your address on your credit file is wrong its important that you get the credit reference agency to updated it, otherwise those living at your old address may suffer a financial deteriment due to your name still being associated with your old addess.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Thanks again for the post.
    So even though I wasnt living at the address to which the default was registered against until May 2012 (which I can prove) they can still backdate the default and charge it to my current adress?
    Sorry If I appear stupid.
    But i am

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    Default Re: MKD LLP Duplicate Default on Credit Report

    A default is not registered against an address, its registered against the you e.g. your name and date of birth.

    Therefore if your credit file is showing as your old address, then the person living their now would suffer deteriment due to your own defaults as creditors would think your still living there when your not. Thats why its vital your credit file contains your current address.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    could contesting the duplicate records be conceived as acknowledging the original debt?

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Quote Originally Posted by karimhopkins View Post
    could contesting the duplicate records be conceived as acknowledging the original debt?
    No, as your simply contesting the accuracy of the default a third party who is not the original creditor. You are not acknowledging the actual amount or whether anything is still owed. A default can remain on file even when a debt is settled or satisfied. Plus acknowledgment of an outstanding debt owed most be in an unequivocal written or verbal communication admitting the debt, such as agreeing to a repayment plan or saying you are aware you owe the money etc.

    Even if you did acknowledge the debt the default would still fall off the credit file 6 years after the date it was registered. So the key is to not discuss the amount owed and if asked, simply say "i do not acknowledge the amount owed and i am simply disputing the accuracy of the default registered on your file." If they try continuing to press you to acknowledge the debt simply tell them especially if its over the phone "You have no intention to discuss the alleged amounts or if a debt is still owed or not, as your only concern is the inaccurate default on your credit file and the fact you already have default registered by original creditor whom you no longer acknowledge owing any money too" If they still continue, just say "Look, you either remove the defaults that are inaccurate or the you hear from me will be by a claim issued via the courts sueing you for libel and claiming damages as a result of your inaccurate defaults - I do not acknowledge owing any money to you, end off". Then slam phone down. If they commonicate in writing its obviously much easyier to ignore their attempts to discuss the amount owed, simply put at top of letter in bold "I DO NOT ACKNOWLEDGE ALLEDGE DEBT TO YOURSELVES"
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Thanks mate.
    Ive basically said that so far...
    As they have said the accuracy of their information is correct I have printed my credit file (Hard Copy) and am sending it to the ICO as supporting evidence of my ongoing claim.

    They could just say that I had agreed to repayments / acknowlegement over the phone or something though I guess
    This is probobly gonna be messy.
    Ha

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    Default Re: MKD LLP Duplicate Default on Credit Report

    They could say you did, but the onus is on them to provide proof you did. Which would require a recording of the conversation where you were alleged to have acknowledged it. And we both know they don't have that!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    This is the body of the letter im going to send them.
    I will keep copies for my ongoing case with the ICO....

    Let me know if its any good or of any amendments i Should make..

    Formal and Final Demand

    Dear Sir/Madam,

    You recently Added 2 entries to my credit file for accounts which I am unaware of, the account numbers are listed above.

    Upon querying this with yourselves via the Equifax online dispute system you replied to say your information is correct. (I attached the Equifax Dispute Transcription)

    As I have already stated I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)

    You have entered a duplicate default onto my credit file with all 3 reference agencies (I attach a copy of my Equifax report for ease of reference). This document clearly shows the original defaults from Welcome finance dated in July / Aug 2006.
    The Defaults which you have added to my file are a breach of the data protection act for the following reasons.

    1. All data must be accurate and up to date.
    2. You must carry over the original default date if you have purchased an outstanding account from another company
    3. You are only able to update my credit file if Welcome finance had removed their original default from my credit file (thus treating it as a continuation the an original account)
    4. You have effectively extended the default by 4 years which would impair my credit score for a further 4 years.


    I will be looking for Sue you for Libel if you do not comply with my request.

    I hereby give you 28 days notice to remove your default notice from all 3 credit reference agencies.

    This letter has been sent by Special delivery.

    Please be aware that I have already opened a file with the Information commissioner’s Office as you have breached the Data Protection act, this letter would be used as supporting evidence if you fail to remove your records immediately.

    Yours faithfully,

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Thats fine to send to them.

    Though at the end you refer to them as Default Notices, their not, just refer to them as Defaults. Also noticed a couple of minor spelling mistake you should correct before you send it. But overall that should be more than enough.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Thanks so much
    Ive posted the letter Via Recorded delivery and amended my errors that you highlighted.
    Hopefully they will act on this and remove the said defaults.
    Ill keep you posted for all that wish to know the outcome...
    K

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Your Welcome

    Just keep us updated of any changes or when they reply
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Hi Karim,
    I've just googled my problem and come across your thread, we are pretty much in the same position, I took out a loan with welcome finance in 2004, I thought it was about to drop off after 6 years, but all of a sudden MKDP LLP have added a default from 5/1/2010.
    The Welcome finance entry doesn't show an original default date, but the settled date is the date that the MKDP LLP entry starts, now I am pretty sure that I haven't paid anything on this loan so surely the default date would have been way before 2010, but I can't be sure.
    I have tried to contact Welcome and ask for the original paperwork, they said they would send it to me but I have never received anything from them, they don't trade anymore so It will be hard to get the paperwork. I also know I was forced into PPI with this loan or I couldnt take the loan out, so i'm wondering where I stand with that aswell.
    MKDP LLP seem to have made a habit of this looking at other forums, but I can't find anybody who has managed to get it sorted, could you keep me updated as how you get on, any one else's advice would be much appreciated.
    I have been trying to get a mortgage as all my defaults were dropping off this year, now if this stays on till 2016, i am stuffed.
    I have copied and pasted the entries below.
    I was thinking about employing a credit repair firm to get this sorted for me, as I'm pretty clueless about it all, any ideas on that people?

    Many thanks
    WELCOME FINANCIAL SERVICES LTD Who's this?
    Entry Number: C7 | Account Updated to: 11/06/2006

    Name: MR GARETH DAVIES
    Address: xxxxxxxxxx
    Date of Birth: xxxxxx
    Settlement Date: 23/05/2006




    MKDP LLP Who's this?
    Entry Number: C1 | Account Updated to: 20/05/2012

    Name: MR GARETH DAVIES
    Address: xxxxxxxxxxx
    Date of Birth: xxxxxx
    Default Date: 05/01/2010
    Default Balance: £4,245
    Account Query:
    Start Date: 01/12/2011




    View Account Status Details:









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    Default Re: MKD LLP Duplicate Default on Credit Report

    I have just checked an old credit report and have found an entry from Welcome finance, which is now no longer on my report it has been removed!!
    It won't let me copy and paste it but it states;
    Company - Welcome finance
    Account updated - 11/4/2010
    Started - 23/5/2006
    Current balance- satisfied
    Default date - 7/3/2007
    Debt assisgned - start date 1/4/2010
    Default balance - £4249

    So basically they have removed this entry and replaced it with the MKDP entry with a default date of 5/1/2010, can they do this?
    I did dispute the date through credit expert, but mkdp replied that the default date is correct, and could i contact them, which i am not going to do.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    In that case the default date MKDPP should have is 07/03/2007, which means the default will fall of your file on the 07/03/2013 which is 6 years. I would suggest you contact the credit reference agencies and notifiy them of the correct default date and that they admend it forthwith.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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    Default Re: MKD LLP Duplicate Default on Credit Report

    Hi There,

    I have received a letter today from MKDP saying the following...

    Thanks for your recent correspondence in relation to debt amount of £4000. (Lie as I never admitted liability)
    At present we are unable to resolve your query and have passed this information to welcome Finance.
    We are trying to obtain copies of the original documentation and will responce in due course.

    Regrards
    MKDP LLP.

    I am sending them a follow on letter today via recorded delivery.
    Can someone see if its ok before I send it out.
    Cheers again.....

    Re. Accounts Ref xxx3589 & xxx0109

    No Debt is acknowledged to your company or Welcome Finance

    Dear Sir/Madam,

    Thank you for your recent correspondence in response to my query.

    As I have already stated I do not acknowledge any debt with yourselves or Welcome Finance

    I am simply querying the recent accounts you added to my credit report which are inaccurate and defamation of character.

    I hereby give you a further 14 days notice to remove these entries from my credit report with all 3 credit reference agencies.

    I will be suing for Libel as this information will prevent me from obtaining credit and impair me and my family financially until these entries are removed.

    I have presented you with the evidence you would require to resolve such a matter and ask that this is done within 14 days.

    Again this letter has been sent via recorded delivery and will be used for supporting evidence to my case recently opened with the information commissioner’s office.. I attach my last letter sent to you for ease of reference and a recent copy of my credit report.


    Yours faithfully,

  24. #24
    Join Date
    May 2012
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    Default Re: MKD LLP Duplicate Default on Credit Report

    I personally think they add the default attempting to get you to admit liability when you query it so that they can legally persue the account, There must be loads of people who are either unaware that they are doing this or simply think they are allowed to add a duplicate default and bring the date forward several years...
    Whats your thoughts people?

  25. #25
    Join Date
    Feb 2011
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    Default Re: MKD LLP Duplicate Default on Credit Report

    Actually they do it to get more time so in and then deny its statuted barred when it actually is after 6 years from the original default date. So basically they use as a way of getting round the statute of limitations act that only allows for them to enforce in court upto 6 years from the date of the original default. So yes in a way they also do it in the hope you will pay up and admit the debt too and therefore abusing their position and taking advantage of those who are not as well informed of the legal rights and the law.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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