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  • #1

    Default has been 're-defaulted' by Marlin

    Hi,

    I have been dealing with some unenforceable debts for a few years now and everything appeared to be going well. All of the CCAs have seemed to have gone quiet and leaving me alone and I was waiting until June for the final default to disappear from my CF. So, with some expected hope and joy I ordered a copy of my CF and then was stunned when I read it.

    I had an outstanding debt linked to an Egg Credit Card from 2001. This has been bounced around a couple of CCAs though Wescot were the main CCA dealing with it. This debt was defaulted by Egg in 2004 and I have a Credit Report from Experian dated April 2009 that clearly shows this. This, I believe, means it should've been removed from my CF in 2010 however in my current credit report there is an entry associated with this debt, under the new CCA name (Marlin Financial) stating that this debt was defaulted on 29/11/2011.

    How can this debt be 're-defaulted'? I thought that once a debt was defaulted then that was it. Even if they bought the debt, surely they can't then create a new default date and to my knowledge Wescot was still in charge of the debt in 2011 as I first heard from Marlin in 2013.

    Any advice regarding what I can do about getting this removed from my file would be appreciated. My partner and I had been for my file to be clear, as was expected, so that we can organise moving house. Now I am worried that having a default that shouldn't exist on my file will scupper any chances of this when it comes to mortgage applications.
    Many thanks,

    Dave

    Help and guidance always appreciated and never taken for granted.
    Tags: 2nd, account, advice, agency, applications, april, arrangement, banks, callcredit, card, claim, collectors, con, cra, credit, credit card, creditors, date, debt, debt collectors, debts, default, defaulted, defaults, egg, experian, financial, lenders, marlin, mortgage, niddy, statute barred, unenforceable
  • #2
    Re: Default has been 're-defaulted' by Marlin

    They shouldn't do it, but some creditors and debt collectors do.

    Complain to the credit refernce agency and the company and demand that it is taken off.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Default has been 're-defaulted' by Marlin

      When is the debt actually Statute Barred?

      Comment

      • #4
        Re: Default has been 're-defaulted' by Marlin

        Is it SB after 10 years of going into default? If so then it should've become SB on 22/06/2014
        Many thanks,

        Dave

        Help and guidance always appreciated and never taken for granted.

        Comment

        • #5
          Re: Default has been 're-defaulted' by Marlin

          No, it's 6 years in England/Wales and depends on the date of your last payment. Nothing to do with defaults on your credit file.
          When was the last and was it a contractual payment, or did you continue to pay after it was defaulted/terminated?

          Comment

          • #6
            Re: Default has been 're-defaulted' by Marlin

            Thanks for your time. Last payment was actually September 2010 and was not an arrangement, just me paying to keep them quiet until I found this site and Niddy guided me.
            Many thanks,

            Dave

            Help and guidance always appreciated and never taken for granted.

            Comment

            • #7
              Re: Default has been 're-defaulted' by Marlin

              OK, that's a shame. The SB clock would start the day after that payment then, so you've got till September 2016 before it's Statute Barred.

              With that in mind, if everything's quiet on the Marlin front, if it was me I'd think very carefully about contacting them about the default on the credit file. Not till it's past it's sue by date.

              Up to you though if you feel your need for a mortgage justifies the risk of waking the Marlin crew up... how much is owed?

              Comment

              • #8
                Re: Default has been 're-defaulted' by Marlin

                Elsa, thanks again. The need for a mortgage is important as we really do need to move in the next year. I don't want to wind the Marlin lot up but guess they need to be contacted as well as the CRA to get it removed. I just don't understand how they can change the date. The amount outstanding is £3501. Would offering to clear the debt, maybe with a reduced amount, entice them into agreeing to remove it?
                Many thanks,

                Dave

                Help and guidance always appreciated and never taken for granted.

                Comment

                • #9
                  Re: Default has been 're-defaulted' by Marlin

                  They shouldn't be changing the date, but if they've entered it as a new record under their name the CRA would not have any way of knowing that was what had bee done, so it would just go on.

                  It's up to you in the end, but the only way of getting it off is to complain. To the CRA with evidence of the original record and date, and then to Marlin if you get no-where with that.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: Default has been 're-defaulted' by Marlin

                    You shouldn't have to entice them to remove it, as Riz says, they're in the wrong.

                    If you've got the wherewithall to come to some agreement if they do come after you, I'd go ahead and make the complaint, but I wouldn't offer them any money unless they do start chasing you again. Then negotiate for a much reduced F&F based on their former error etc.
                    Have a look here at a letter Niddy did for default removal, and amend it to suit your own circumstances: http://forums.all-about-debt.co.uk/s...l=1#post405137

                    Comment

                    • #11
                      Re: Default has been 're-defaulted' by Marlin

                      Many thanks Riz and also Elsa. I will use that link to draw up a letter/email and send it off to Experian and see what happens. I'll make sure I send a copy of the CF I received in 2009 which clearly shows that debt was defaulted in 2004.

                      This forum really does open your eyes to how devious and illegal most of these companies and organisations are.
                      Many thanks,

                      Dave

                      Help and guidance always appreciated and never taken for granted.

                      Comment

                      • #12
                        Re: Default has been 're-defaulted' by Marlin

                        OK. I emailed Experian yesterday using the suggest message Niddy provided in that link as a template and updating it for my situation. Will just wait and see what they say now. Fingers crossed.
                        Many thanks,

                        Dave

                        Help and guidance always appreciated and never taken for granted.

                        Comment

                        • #13
                          Re: Default has been 're-defaulted' by Marlin

                          Good luck
                          Let your smile change the world but don't let the world change your smile

                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Default has been 're-defaulted' by Marlin

                            My fingers are crossed for you too dajomel
                            "If wishes were horses, beggars would ride"

                            Comment

                            • #15
                              Re: Default has been 're-defaulted' by Marlin

                              I have now checked with Equifax and the entry is with them as well. I have subsequently sent the same message to them requesting they remove the default from my file.
                              Many thanks,

                              Dave

                              Help and guidance always appreciated and never taken for granted.

                              Comment

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