Cra Files!!!!

[scottygal]

Good Afternoon Everyone

Hope you all having a good day

Could someone please help me with the following matter:

Can just anyone update your CRA file or can it only be done by you?

Many Thanks

Scottygal

[PGH7447]

Anyone with a vested interest in you, ie if you apply for credit, they will search you file, if you default they will register this, etc etc

[scottygal]

Thank you PG, what I wanted to know can they update your address if they wish to? I have never applied for credit in over 3years but this lot at HFO are making all sorts of threats "we will update your credit in order that others you are in debt with will contact you" "you haver a number of defaults on your file and we will contact your creditors letting them know where you are" Can they do this?

I moved 3 years ago due to personal circumstances and somehow this lot traced me at a wrong address but the person gave me the letters from them, and to stop her receiving more mail for me, I did give HFO my present address, which they have been sending me letters to.

Any thoughts on this anyone?#]

Many Thanks

[scottygal]

Sorry for being a pest but can anyone enlighten me on the above please?

Scottygal

[Dipply75]

Yep, they will say pretty much anything to scare you into paying some money. From what I understand - unless they can prove they have a right to collect on the debt they can bugger off. Ask them for a copy of your credit agreement - which the must supply you within a certain time limit or they simply cannot enforce the agreement - cannot make you pay without a courts approval.

Also, if they do not have the credit agreement they have no authority to touch your credit file as the data protection blurb in the T&C's of the agreement you had is the permission.

I would send them the CCA request and also tell them you will only communicate in writing and you will report them to all the relevant authorities if they continue to harass, threaten and deceive you. OFT, trading standards etc.

Use the templates on this site - will try and post a link in a mo and NEVER SPEAK TO THEM. Just don't upset your day with these muppets, you are entitled to do it all in writing only : )

[Dipply75]

http://www.consumeractiongroup.co.uk...ter-templates/

Ooo, and send them recorded delivery so you can prove they did receive them when they say the never (which they will lol)

[scottygal]

Thank you so much Dip, I was led to believe that mobile contracts do not come under CCA. I have sent them the letter ONLY IN WRITING to which they obviously not adhering to. I do bot even recall signing anything as it was all done via telephone.

[Dipply75]

Sorry, didn't realise it was a mobile contract. I would ask them for proof they own or have been asked to chase the debt and ask for statements to prove the amount o/s.

Unsure if you can still demand a copy of the contract - does this maybe come under running credit account agreements?

To me, it is still that contract that gives your permission to access your credit file etc. Maybe someone more cleverer than me can advise???

If they have searched your credit file, complain to the CRA that they never had permission and they can look into it also. And just a thought, but what dates are on the defaults you mention - are they close to being statute barred by any chance?

[scottygal]

No Dipply all dated early 2006 but up in Scotland, where I moved from.

I really do not know if they have searched my credit file not clued up on all this sorry.

I still do not recall signing any contract, all done over phone.

They have produced an oustanding bill but it is way out and AFTER I had cancelled contract due to moving to area with no network coveragel. So how can I possibly run up a bill when there was no network coverage, hence the cancellation?

[Dipply75]

They can link your current address to your previous one for everyone to see - so they are bascially threatening you - not on. Get a copy of your credit file and it will show who searched it and when.

Just to keep yourself right for any complaints - put it in writing that you dispute the debt for the reasons you give and make it clear you are not liable for any bills produced after you cancelled. Also ask them are they just collecting on behalf of the mobile company or have they bought the debt - and when.

Ask them for a copy of their complaints procedure - which they should have in writing and they are obliged to give you, then you could either just threaten them to stop the harassment again or go straight to complaining - officially.

Did you cancel in writing and who is the mobile company? I would just start throwing everything back at them and make them answer a few questions and do some work!

You could just send a S.A.R. for all your info - see what they actually have on you (hehe)

Will post a letter I was given on here to use - was very useful!

[Dipply75]

oops, forget that letter - its full of CCA 1974 stuff! Have a read at this link - seems the best thing to do is S.A.R. the mobile company themselves and then you can dig around all the crap they send you for proof.

Mobile Phone Companies & Consumer Credit Act (CCA)

I say proof - for yourself - as it is up to the DCA to prove their is a debt to collect.

Hope I've not just confused matters by ranting on my they get my goat up lol - good luck ; )

[scottygal]

Not confused me at all dipply, thank you once again.

I just wish I knew how to do all this in a letter, not very good with things you see . Sadly I am off work today due to the stress this whole scenario is putting me under. So perhaps I will try draft a letter up to send, probably take me all day lol.

I really do apprecite your help so far.

How do I get a copy of my credit file? never done that before. Would it mean I have to give them my previous address?

Scotty

[scottygal]

Any advise or help with the issues in above thread please?

[Dipply75]

Hi scottygal, sorry to hear your feeling poorly. Don't you let those buggers get you down, you'll get loads of help and support on here, and trust me, you are not alone with HFO, there are loads of people on here getting the same crap from them - read up on a few and ask their advice too, may make you feel better!

Will find some letter templates you can use in a mo...

[Dipply75]

Was thinking along the line of this.....

Scotty Gal
Home sweet Home
Dd1 DD1

18 June 2008

HFO
Gits R Us
Git House
Gitsville
Gg1 GG1

Dear Sir/Madam

Your Ref:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I am disputing the total value of this debt as [give basic reason why - ie cancelled on X date, no coverage from this date - but not too much detail for them]As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

I look forward to your written confirmation that this account is formally in dispute. Please also supply a copy of your complaints procedure, which I intend to follow regarding your behaviour to date and your assertion that you will affect my credit file UNLESS I agree to pay this debt. This is oppressive and threatening behaviour which will not be tolerated. You must prove you have a legal right to collect any alleged debt and to process my personal data:

As per OFT guidelines Section 2.6g: "making threatening statements or gestures or taking actions which suggest harm to debtors"

As per OFT guidelines Section 2.6 i: “disclosing or threatening to disclose debt details to third parties unless legally entitled to do so

Failure to correspond in writing only, hold this account in dispute or continue to chase for payment, however, will see the matter referred to Trading Standards, The OFT and any other authorities as I see fit and without further notice.

Please also be advised that I will only communicate with you in writing, therefore any calls made to me will be classed as harassment and treated as such.

Should it be your intention to arrange any “doorstep calls” or “home visits” please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

As per OFT guidelines Section 2.12 f: “visiting or threatening to visit a debtor without prior agreement when the debt is deadlocked or disputed”

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

In summary:
Please note that all communication must now be in writing.
I am placing this account formally in dispute – please confirm this has been actioned and that no attempts at collection will be made until this is resolved.
I do not give you permission to visit my home.


Yours sincerely


Do not sign - print your name!!!



Scottygal





For your credit file - The link is below, with the section you need also, from a goddam wonderful site that I seriously recommend EVERYONE joining! Martin is a godsend, almost as good as the Caggers lol

Your Credit Rating: How it works and how to improve it...

[scottygal]

Many thanks Dipply. Trying my best not to let them get to me, just getting me down at mo. I have been reading threads and yes a lot of people getting hassle from them rats. Most people not as stupid as me though, as in not able to put things in writing to them to make it sound good. I know the points I have to make but lost as to what to put in letter.

IF I got them on phone I would know exactly what to say, but not going to be silly enough to phone them

Thanks again Dipply for taking time to reply to me.

Scotty

[Dipply75]

Hey, you are not stupid, they just take advantage of the fact that normal folk don't know the ins and outs of debt regs n stuff - cause we're all busy having lives.

And please don't be under the impression I am a smart ass, the above letter comes from people helping me on here, it is all their work!!!

Few years ago I wouldn't know what the hell to do with any of this stuff - but we are learning and passing it on

good luck chick, keep us posted

[scottygal]

Hi Dipply

I cannot thank you enough doll, my head is all over the place trying to sort this mess out. Just noticed your lo from sunny scottyland. I will get tht letter off to them tomorrow and see what they come bak with. Probably still try call me .

I will do much same as yourself, hopefully be in a position further down the line to help others out, give me great pleasure to do so. When I am thinking straight I do take things in very easly, just not at this time in my life.

I will certainly let you know all that happens nd no doubt be back for more advice.

Keep Smiling Dipply knowing the fact that you ahve made me feel bit better just by helping me.

Scotty