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DCAs Adding Their Own Default

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DCAs Adding Their Own Default

Post by discodave4093 on Thu Nov 30, 2017 11:44 pm

Hi
I remember reading something on here before about DCAs not being allowed to add their own default to our credit files and only being able to take over an existing one form the OC.

Around the beginning of the year my wife started getting letters from PRAC Financial about an alleged Money Shop debt. We did the 3 letters and estoppel and haven't had any further correspondence from them

However recently we checked her credit report on Clearscore and discovered that PRAC have all of a sudden added an account to her report and defaulted it. There was NEVER anything on her report before either from PRAC or from the Money Shop so surely if the OC didn't have anything on it couldn't be legal for PRAC to just add this out of the blue

We intend to take this up with the information commissioners' office but a bit of info would be a great help, for example it would be helpful to know where exactly it is stated that a DCA can't do this

Any help much appreciated

discodave4093
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Re: DCAs Adding Their Own Default

Post by Tiggy on Fri Dec 01, 2017 7:04 pm

When does it say your wife defaulted from, is it the date a default notice could have been sent or is it the date that PRAC took over the account.

Everything I read on CAB, Debt Camel or Step says they can only take over a default on a credit report but it doesn't say why, it may have originally come from the Information Commissioner themselves.

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Re: DCAs Adding Their Own Default

Post by Ausk on Wed Dec 06, 2017 8:03 am

Suggest you wife write back saying she has received this alleged 'default' and request they advise which law they relying upon for their authority to issue your wife with a default notice?

If they do not state which law, then she writes back advising that until such legal authority is provided, your wife will regard their alleged default notice as a frivolous action, lacking any legal status.





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