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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hi I have a default registered by a third party they bought

Customer Question

Hi I have a default registered by a third party they bought the debt off barcalycard, barclaycard showingmy debt settled, and have written to me to tell me they cannot pursue their claim as they have lost all my paperwork, the company that bought the debt MKDP, i have told them to go to court as I know its all wrong, they are refusing to go to court and refusing to take the black mark off my credit file? what can i do they have no right to leave it on my credit file it means i have been unable to raise credit due to them showing a default on my file over an agreement that is unenforceable.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Was it settled in full?
Customer: replied 2 years ago.

No there was fraud on the account and we disputed it, it never got sorted so it went on and on and then they just left it and never sorted out the problems then after 3 yeasrs they just sold off the debt toMKDP, I wrote to Barclaycard to ask what had gone on but they said they no longer had copies of the agreement they had lost it so the debt with all its flaws now belongs to MKDP the trouble is they tried to take me to court for it, then when I defended it their claim was struck out as they were unable to produce full details of claim, they then applied to have it re-instated, the courts asked again for full details of claim, they then withdrew their application as they admitted there were no details as it went back beyond 6 years, I have asked them to remove the default from my credit file as it must be statute bared, not to mention they have no details of claim. they are still refusing to remove the default against me, its causing me problems as I am trying to re finance with another Bank, and having to enter into a bhigher risk finance Company to re-new my car

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

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What stage did proceedings get to? Were they dismisssed?

Customer: replied 2 years ago.
As I mentioned in my previous message the case was struck out. As they did not have the full details of claim
Expert:  Ash replied 2 years ago.
Ok - then you should write to the Company and request they remove it within 14 days otherwise you will take Court action.

If they refuse then you need to complete form N1

You are seeking an Order under the Data Protection Act that they block, destroy incorrect data

Section 14 states:

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

If the judge is satisfied he can Order that they remove the data.

Can I clarify anything for you about this today please?


Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
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