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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A CREDIT DEBT TO MBNA WAS SOLD TO LINK FINANCIAL SERVICES THEY

Resolved Question:

A CREDIT DEBT TO MBNA WAS SOLD TO LINK FINANCIAL SERVICES THEY HAVE BEEN REPORTING ON THE CREDIT FILE TO EXPERIAN FOR THE LAST 2 YEARS AND STILL DO I WAS TAKEN TO COURT OVER THE DEBT BY ANOTHER COMPANY IDR FINANCE WHO STATE THAT THEY BOUGHT THE DEBT FROM MBNA I HAVE STATEMENTS TO PROVE THAT LINK HAVE BEEN BEALING WITH IT AND THEY HAVE BEEN APPLING THE CHARGES IF THE DEBT WAS OWNED BY IDR WAS IT LEGAL FOR LINK FINANCIAL TO BE REPORTING IT ON MY CREDIT REPORT AND SHOULD IDR NOT HAVE REGISTERED THE DEBT AS THEIRS
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I do not quite understand. Is there a CCJ?

Alex Watts :

You have been paying the debt to company A but Link have a default on it? Are you still paying to Company A?

Customer:

idr finance have gained a ccj by default i was paying the other company link but got in to financial dificulty they have been syppling all letters and statments and when i asked both companies for a copy of the credit agreement under the consumer credit act 1974 in july it was sent by link financial outsourcing on their headed paper idr finance sent my money back saying i had sent 2 request they share the same address and if you phone idr it is answered saying they are link financial outsourcing it is link that do all the credit reporting and it is always link that replies to any letters i believe that the debt is still owned by them and that there is a bit of dogy dealings going on as idr gained the ccj by default and now they are appling to the court to have a charge put on my house

Alex Watts :

So if there is a CCJ and you have been paying another company you can apply to set aside

Alex Watts :

But you must do this quick. You need to fill in form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Sorry - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

Your defence is the money is not owed to the CCJ company as you have been paying another

Alex Watts :

That is the defence

Alex Watts :

But you need to do this to avoid a charge

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

sorry maybee i did not ask the question in the right way

Customer:

what i am trying to find out is is it legal for a company(lets call it a)that says it does not own the debt to have it on my credit file in their name and they are updating it every month but they are telling me that it was in actuall fact company b that bought the debt 2 years ago and it is company b that has aquired the ccj i had not recieved any coresspondence from company b untill i got the ccj summons the ccj was issued to company b on 25/3/2014 yet it still shows on my credit file that i owe the money to company a and they are still updating the credit file at the end of every month i have already put in form n244 and have a hearing set for 30/7/14

Customer:

also it is company a that put charges on the account

Alex Watts : B should be updating the credit file. If a has sold it to b then a should not be doing anything.
Alex Watts : Any ccj will still show as outstanding.
Alex Watts : But any adverse default entries should be by b
Alex Watts : Does that clarify?
Customer:

yes i think so if i understand correctley

Customer:

it is only the company that i owe the money to that should be doing the reporting

Customer:

is there a law or some other legistation that governs this

Customer:

what im attempting as my defence is that company a has been the owner of the debt and still is and that it should have been company a that took mee to court

Alex Watts : This would be the data protection act.
Alex Watts : Well if there is a ccj they can sell it on if the original agreement allowed for assignment.
Alex Watts : You can also co pla
Alex Watts : You can also complain to the credit reference agency.
Alex Watts : Does that clarify?
Customer:

sorry what is co pla

Customer:

my undertanding of the situation is as follows

Customer:

if company has bought the bedt from mbna in the first place then they are entitled to put it on my credit file if they do not own the debt then they have broken the data protection act

Customer:

and if company b owes the debt it is them that should have put information on my credit file

Customer:

i have asked both companies for proof of ownership of bedt and have not had a reply

Customer:

is there any law/regulation under which they must give me proof of the debt

Alex Watts : Yes the consumer credit act and data protection act.
Alex Watts : The CCA says they must provide a copy within 10 working days, where the DPA says 40 days.
Alex Watts : does that clarify?
Customer:

what does dpa stand for and would the cca be the act of 1974

Alex Watts : Data Protection Act and yes CCA 74
Alex Watts : does that help?
Customer:

yes thank you





Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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