Campaign to the OFT against unfair CRA practices.

[finlander]

p Lease Do Correct...lets Get This Right And Hit The Oft With A Flood Of These:d

[andrew1]

Count me in

[andrew1]

Just a bit of nit picking:


Dear Sir/ Madam.

This letter is being sent to you as an Official Complaint against Experian Ltd, Equifax Plc and Callcredit Ltd in their capacity as Credit Reference Agencies. The Complaint also encompasses those Companies who subscribe to the services of these Credit Reference Agencies. The Complaint relates not to the handling of Consumer Data but to the uses that this Data is put.

In particular, I am concerned that ‘Default’ markers on Consumer Accounts are being abused and manipulated by these Companies and their clients as a form of punishment against those who raise legitimate Disputes with them. I believe that this is contrary to natural justice, the Office of Fair Tarding (OFT) guidelines and possibly a violation of the right to a fair trial under The Human Rights Act 1998.

Currently, a Default marker is put onto a Consumer's Account after a Default Notice has been sent to them. The issue of these Notices is regulated by the Consumer Credit Act 1974. These Defaults are meant to be a pre-cursor to Enforcement Action through the County Courts. In effect, they are a means to an end.

In the Consumer Credit Act 1974, Parliament clearly intended these Defaults to be a temporary marker to allow other lenders to see that Legal Action is pending on an Account. If the Legal Action is successful then it was intended that the Default should be replaced by a County Court Judgement which is then on view for 6 years. However, it is apparent to me that these Default markers are being used when no Enforcement Action is been taken or has any prospect of being taken. This then renders these markers no longer a means to an end but an end in itself.

This is not how they are supposed to be used.

Instead of being used as a marker indicating pending Legal Action they are being used as an arbitrary punishment against Consumers, imposed by an industry with no legal authority and no system of fair appeal. If a victim of these Defaults wishes to challenge these markers, then they are passed from one institution to another, given no reason why their claim is rejected and, utimately, can only seek redress by taking Legal Action themselves to have the marker removed. This is invariably too expensive and too stressful for almost all Consumers.

A Default marker, once placed on record, lasts for at least 6 years. Thus, the Default has exactly the same negative effect as a County Court Judgement, and yet requires neither a Court nor a Judgement. This Adverse Data affects a Consumer's ability to gain Credit, Housing (Landlord Credit Checks) and, in some cases, their ability to gain employment (Employer Credit Checks).

This seems to be an attempt by the Credit Reference Agencies and their clients to bypass the Court system and issue their own punishments against those who have genuine Disputes. In turn, the threat of a Default is also being used as a tool to try and deter those wishing to raise or discuss genuine Disputes.

I would request as a Taxpayer and concerned Consumer that the OFT investigate this situation as a matter of great urgency. I suggest that it would be productive to invetigate what percentage of the millions of Default markers issued over the last 6 years, have actually resulted in any Enforcement action being taken in Court.

I feel that as a public body, you have a Duty to investigate any action that may be in breach of HRA1998 and I trust you will do so now.



Sarah

[MARTIN3030]

??????? Have I got my dates wrong-I thought April fools day had gone!

[banker_rhymes_with]

Hello Finlander!

If I may make a suggestion, perhaps rather than us re-drafting your Letter, it may be better to break this down into the Key Points first.

Perhaps by way of a numbered or bullet point list. Then we can discuss each one to death and, when each is thrashed out and cyrstal clear with no flaws, then it can be re-assembled into a knock out Letter.

IOW, initially cut it down to the bones, and then put the flesh back on it when we have the basic structure flawless.

As always, this is just a suggestion.

Cheers,
BRW

[andrew1]

Originally Posted by MARTIN3030

??????? Have I got my dates wrong-I thought April fools day had gone!

Am I just a little slow or have we missed some important point oh wise one?

[babybear39]

Originally Posted by andrew1

Am I just a little slow or have we missed some important point oh wise one?

My thoughts exactly

[Bookworm]

Originally Posted by banker_rhymes_with

(wish CAG had a spell check)!

It does if you use IE.
Download this: ieSpell - Spell Checker add-on for Internet Explorer. Once installed, click on over in your reply box and ta-DAHHHH!!!

Edit: Ah, there seems to be one for FFlovers too, but I don't know whether it works or how, but here's the link anyway: SpellBound - Spellchecker for Firefox and the Mozilla Suite

(brief hijack over)

[pt2537]

Originally Posted by Bookywookie

It does if you use IE.
Download this: ieSpell - Spell Checker add-on for Internet Explorer. Once installed, click on over in your reply box and ta-DAHHHH!!!

of course, you could just use a decent browser such as Firefox which has a built in spell checker

[babybear39]

ROFL...

[banker_rhymes_with]

Hello Bookworm!

It does if you use IE.

Excellent, many thanks! That will save me a lot of grief, as I have some amazing ways to spell things.

Thanks also PT, I have Firefox on some machines, must try using it again!

But on a serious note, this is useful, as many Letters being drafted on CAG just need a quick whizz through a Spell Checker to make them perfect. Lots are let down by silly mistakes, mine included I hasten to add.

Cheers,
BRW

[sillygirl1]

I'm willing to join in, a certain utilities company has been billing me for two years since they were told I had been evicted. I am posting separately on this website and will include the fact that they have deliberately placed incorrect info on the CRAs records as part of my complaint. My sister confirmed to me that she contacted them telling them that I had been evicted and to send a final bill. Luckily I kept the notes of that call and will include it in my complaint letter.

Also guess what, you can't SPEAK to their complaints department - even though they advertise another phone no for them - a complaint to the Advertising Standards Authority is going in about that too!

[finlander]

??????? Have I got my dates wrong-I thought April fools day had gone!


Sorry confused by this?

[finlander]

Ok lets go through this in bullet points to get the finer detail right.

Ø The Cca was designed to protect the rights of both lenders and borrowers. It set out a clear framework for the layout of agreements, the prescribed terms and essential information required and the procedure for enforcement by a court.
Ø The act lays out a clear framework for lending and recovering funds. The procedure, in brief is
Ø The layout and prescribed terms of the agreement make the document executed, unexecuted or irredeemably unenforceable.
Ø An unexecuted document can be made enforceable on