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Topic starter
25/05/2015 12:18 pm
One of my outstanding debts was sold to Eversheds and then onto Max Recovery, which i now know to be one of the same companies.
Max, or Eversheds, (Eversheds is the American part and the other (Max) is the UK subsidiary) are one of the companies refusing to accept my discharge and partially accept my discharge. They seem to be able to keep your debt in 'Default' in the credit agencies without any penalty for the full six years ignoring all letters or more importantly the law which states...
The Data Protection Act gives rights to individuals in respect of the personal data that organizations hold about them. The Act says that:
ÔÇÿPersonal data shall be processed in accordance with the rights of data subjects under this Act.'
This is the sixth data protection principle, and the rights of individuals that it refers to are:
ÔÇó a right of access to a copy of the information comprised in their personal data;
ÔÇó a right to object to processing that is likely to cause or is causing damage or distress;
ÔÇó a right to prevent processing for direct marketing;
ÔÇó a right to object to decisions being taken by automated means;
ÔÇó a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
ÔÇó a right to claim compensation for damages caused by a breach of the Act.
Looking at other forums about these two companies, they buy up outstanding debts for buttons from the big companies and hopefully through pressure selling with scandalous letters, pressure people to pay something towards them.
Anyway, reading into some peoples posts, they buy old debts even after discharge and re-ignight them starting the debt process again as a new creditor.
Can they do this when a Trust Deed is complete and all the creditors involved with my debts have been named on my discharge?
Im about to post another letter requesting them to update my records to show they are at least partially satisfied and update the credit reference records, although i fear it will be ignored once again. Unfortunately, Max was named on the Trust Deed and not the original Creditor MBNA, therefore MAX is the name i have to chase. (I assume!)
Ive just downloaded a template from the ICO website ( https://ico.org.uk) its worth checking out for other excellent templates to send to these companies & obviously other useful information.
As there are difficult to locate, Here is a contact address for Max Recoveries from the ICO website...
Max Recoveries
The Credit Report Team
Max Recovery
8th Floor
Bridgewater Place
Water lane
Leeds, LS11 5DR
I know tons of people have had nightmares about this company, its scandalous and shocking to think this company gets away with doing whatever they like in relation to updating the credit agencies and continually chasing people for outstanding debts.
Hope this helps someone.
25/05/2015 1:17 pm
The original creditor is still responsible for the information even after they have sold on the debt so you could try a letter to them too
What worked for me email at their customersuppot at eversheds dot com address also call MAX recovery. these are the steps I took and everything has been corrected after i send them my Form 5.
you may have to go back and forward a few times. Be Persistent!
Dear Sirs
Re: Account Number xxxxxxxxxxx
After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.
I signed a trust deed on XXXXX which became protected on <Date Of Protection>, and <name of creditor> was included within the Trust Deed. For your convenience I have attached a copy my notification of the trust deed becoming protected and a copy of the original Trust Deed.
Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect and as yet your company has failed to correct the entries as required.
1. It is requested that if you intend to default the account, the default entry must be <Date if your bankruptcy>, in accordance with the Data Protection Act.
2. If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.
The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.
After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.
I have copied the relevant information provided by the Information Commissioner as an attachment to this request.
Yours faithfully
A Person
25/05/2015 6:23 pm
Hi folks, i was wondering if people have found emailing and writing letters effective in getting these things changed, or is it normally better to phone? Also, is there a list of contacts that anyone is aware of?
Ally
SkintAlly
26/05/2015 9:38 am
Hi SkintAlly,
You can contact whoever you choose at any particular institution. It's their responsibility to route it to the right internal department.
In practice people tend to go to either customer services (because they're easiest to reach) or the data protection teams (you can get details from the Register held on the ICO site - link above).
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
29/05/2015 11:14 pm
Thanks TDA. I'll need to get my finger out on this. I just had visions of being past from pillar to post. Hopefully that won't be the case.
Ally
SkintAlly
Topic starter
04/06/2015 4:43 pm
Receive a letter from Eversheds this morning, who confirm are a sister company of Max recovery. They confirm that they are going to contact the credit agencies in regard to a 'Partial Satisfaction'. This response is with the personal data info i used above. Sometimes its worth hunting the internet looking for snippets of information you need. Its working for me!!
