Campaign to the OFT against unfair CRA practices.

finlander · 27th July 2008, 17:36

Can you look at my thread below.

EXPERIAN... The final battle commences

I think we may have hit upon a way to go after the CRA's. My proposal is to set up a sticky on the main page and get as many members as possible to send in a pre-formated letter of complaint to the OFT regarding the abuse of deafult notices. If we can get a large amount sent in it may consitute a mass complaint and get them acting.(the more the merrier) and get an ivestigation without an expensive court case.

A letter something like this...

Dear Sir/ Madam.

This letter is being sent to you as an official complaint against Experian Ltd, Equifax and Callcredit 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 these companies handling of consumer data but to the uses that this data is put.

In particular I am concerned that ‘default’ markers on consumers accounts are being abused and used 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, OFT guidelines and possibly a violation of the right to an effective remedy and to a fair trial under The Human Rights Act 1998

Currently a default marker is put onto a persons 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. They are a temp marker to allow other lenders to see that legal action is pending on an account. If the legal action is successful they are replaced by a County Court Judgement which is on view for 6 years. However it is apparent to me that these markers are being used when no enforcement action is been taken or has a prospect of being taken. This then renders these markers no longer a means to an end but an end in itself.
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 markers wishes to challenge these markers they are passed from one institution to another, given no reason why their claim is rejected and would have take legal action against the agency to have the marker removed. This can be both to expensive and stressful for most people.

The marker if placed on a record lasts for 6 years and has the same effect as a County Court Judgement. This affects a persons ability to gain credit, housing (landlord checks) and in some cases their ability to gain employment.

This seems to be an attempt by the Agencies and their clients to bypass the courts system and issue their own punishments against those who have genuine disputes.

I would request as a taxpayer and concerned consumer that the OFT investigate this situation as a matter of great urgency. I would be interested to know, and I am sure you would as well, how many of the millions of default markers issued over the last 6 years what percentage have resulted in any enforcement action being taken in court.

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

Yours truly,

any thoughts?

rippedoffagain · 27th July 2008, 17:49

This would seem to be a good idea, and I would certainly participate. May I also suggest that anyone who does write to the OFT also send a copy to their MP.

finlander · 27th July 2008, 19:14

excellent idea

Hobbie · 27th July 2008, 19:41

Very good idea, I'll join in and send a letter, no problems about that.

finlander · 27th July 2008, 19:54

I recently challenged my council tax band... intresting that...it took 4 months. Why? because everyone was doing it after Martin lewis's program on it. Thats what the council said. If we could get the same amount of letters sent to the OFT then that may get them to act...... it's worth a try

babybear39 · 27th July 2008, 20:03

Count me in...It's a few letters and may just make a difference

sosumi · 27th July 2008, 20:03

Count me in!!

finlander · 27th July 2008, 20:08

Pending a decision on if we can get this thread a stcky if you are gonna send the letter or a letter just let me know here. Lets see how many we get.

let anyone else on here know if you can and give them the thread link. If we can get 2000 or so in the next month I think it may cause a stir...
I will be back on my other thread now (the one above)
....

thecteam · 27th July 2008, 20:09

im in for the longhaul. im sending this letter to the OFT nad one to my Local MP
will be sending 2 one from me one from the wife. will put a pile of letters in my shop for customers to send off.

maroondevo52 · 27th July 2008, 20:18

Hi,

I'll ask the site team members to have a look.

Regards.

Scott.

finlander · 27th July 2008, 20:32

Cheers Scott

banker_rhymes_with · 27th July 2008, 20:35

Hello Finlander!

I'm up for this, count me in.

Cheers,
BRW

pt2537 · 27th July 2008, 20:36

just one fly in the ointment

the Human Rights Act 1998 does not give a right to an effective remedy, the Government left that clause out on purpose as they did not want the courts to have absolute power in deciding matters

apart from that the letter looks ok

MARTIN3030 · 27th July 2008, 20:46

In principle looks ok.We could also do a block complaint which could be substantiated by individual cases should they request it.
The letter needs a little tidying.
Elsewhere on another thread it was asked who regulates CRAs.....the fact is that no one does and they operate as businesses with no specific criteria given to them under stat law.All the more reasons why they should be taken on-given that they will continue to play to their own rules until they are taken to task.

finlander · 27th July 2008, 20:59

cool...I shall redraft and post below........

finlander · 27th July 2008, 21:01

Dear Sir/ Madam.

This letter is being sent to you as an official complaint against Experian Ltd, Equifax and Callcredit 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 these companies handling of consumer data but to the uses that this data is put.

In particular I am concerned that ‘default’ markers on consumers accounts are being abused and used 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, 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 persons 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. They are a temp marker to allow other lenders to see that legal action is pending on an account. If the legal action is successful they are replaced by a County Court Judgement which is on view for 6 years. However it is apparent to me that these markers are being used when no enforcement action is been taken or has a prospect of being taken. This then renders these markers no longer a means to an end but an end in itself.
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 markers wishes to challenge these markers they are passed from one institution to another, given no reason why their claim is rejected and would have take legal action against the agency to have the marker removed. This can be both to expensive and stressful for most people.

The marker if placed on a record lasts for 6 years and has the same effect as a County Court Judgement. This affects a persons ability to gain credit, housing (landlord checks) and in some cases their ability to gain employment.

This seems to be an attempt by the Agencies and their clients to bypass the courts system and issue their own punishments against those who have genuine disputes.

I would request as a taxpayer and concerned consumer

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