Topic: Max Recovery Incorrect Default Date

[Plucky007]

Max Recovery Limited purchased my debt from the original creditor MBNA in 2012.


I wrote to Max Recovery in 2016 asking for proof of debt, Max Recovery failed to respond to a single letter.


I have as of yesterday discovered that the default date on Experian and other CRA's is incorrect.


Max Recovery state that the default date is the 3rd August 2012.


I received an email from the Case Manager at MBNA yesterday confirming that the actual date of default is the 1st June 2012.


MBNA told me that they have contacted Max Recoveries to change the default date accordingly.


My question is this, Max Recovery failed to reply to my letters last year asking for proof of debt, and also with the incorrect default being on my credit file for almost 6 years.


Can I claim damages against Max Recovery for not replying to my letters, and also for how long the incorrect default date has been stuck on my CRA!?

[Lisa Thomas]

I believe you need to write (by registered post) to the data controller at Max Recovery to fix the error.


if no joy you can then complain to the Information Commissioners Office.

Sorry this forum won't let me send the link for the ICO but you can google it easily.

You can also put a notice of correction on your record yourself, if you haven't already.

[Plucky007]

Thanks for the reply.


The only concern I have is that Max Recovery wont reply to any letters I send them.


This is proven fact when I sent the prove it letters last year they didn't reply.

[Lisa Thomas]

If you have evidence you specifically wrote to the data controller then jump to step 2 and complain to the ICO.

[Plucky007]

MBNA are asking Max to change the default date.


I'm due to hear back from MBNA to see if they have or not.


Thats when I got to the ICO.

[Plucky007]

I have been refused compensation of the incorrect default date on my credit file.


They claim its because I haven't suffered any financial crap etc etc.


However under data protection act 1998 principle 4 all data must be accurate and up to date.

[Lisa Thomas]

Other than the compensation, are they correcting the record?

[Plucky007]

Yes, they admit it was an error and have changed it.


No offer of compensation though.

[Warnerged]

Dont forget that the EU,ECB and Germany have to share a large part of the blame also. Where was the oversight?