Thread: Help with Credit file?

I have received my credit file and sat down to have a look at it, and I really don't have a clue about a couple of the entries.

To explain this I need to put figures and dates into the explanation, just to advise these figures are fictitious.

I have 3 entries that I don't understand. They are all in the account information part of the report, and all relate to the same account.

1) CitiFinancial Europe Ltd
Started 15/03/02
Settled
Limit £400*
Settled on 19/11/02

2) CitiFinancial Europe Ltd
Started 15/03/02
Default Balance £489*
Current Balance £162*
Defaulted on 05/07/04

3) Kings Hill (No1) Ltd
Started 15/03/02
Default Balance £189*
Current Balance £175*
Defaulted on 05/07/04.

Now, whilst typing this out, I think I have a better understanding.

I had a CitiCard and got into trouble and with charges I went over my limit, as per default balance in No2, I then agreed with them that I would make a final payment to settle the account of £300 onto an American Express card.

This I did, but then Kings Hill (Cabot) contacted me requesting this £189 balance back.

Is this right, or am I being defaulted twice on the same card.


* These are fictitious figures.

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It certainly looks as if you have been defaulted for the same card twice.
First of all have you claimed back the unlawful charges from Citibank on the card?
Second, if you read the thread called "Default Hell" in the legalities section
you will find that there is a very strng argument there for the default on
the citibank account to be removed. That is because you no longer have an account with them, they have not got your permission to process data
about you. And second, because Kingshill have not got your permission to
process your data, that should be removed as well.

Thanks for the reply.

I have read the Default Hell thread and to be honest I find it quite overwhelming.

I know Im being quite cheeky, but would it be possible of someone with a good knowledge of these things to advise what process I need to take, and possible draft a letter for me, or give me the basics that I need to put in a letter.

Many thanks

Dori2o

Ok I think I have that one sorted, now for my next question. I have 3 items on my credit file that were defaulted but have now been settled.

I think I have read somewhere that although these show the balance to be settled, credit card company's/banks/ etc wil still see this as an unsatisfactory mark on the record.

Can I have these details removed.

I no longer have the accounts that these items refer to.

Yes you can. And on the "default Hell" thread in Legalities, Surlybonds
has been good enough to complete several template letters-one of which
is tailor made for you.

OK, Ive prepared a letter from the template Surley posted in 'Default Hell', but I've tweaked it a little in the first few paragraphs to make it relate to CitiFinancial. The amendments are in red, can anyone advise if they are acceptable.

Dear Sirs,

Re: CitiFinancial Europe Ltd Credit Card Account No-XXXXXXXXXXXX

I understand that you have placed a default marker on my credit files in relation to the above account. This account, by your own admission, has now been assigned to Cabot Financial (Europe) Ltd.
I am contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

“3. personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. personal data shall be accurate and, where necessary, kept up to date.
5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the termination of the agreement (Date the account defaulted/Assigned to Cabot Financial (Europe) Ltd). As that agreement is no longer in situ, then my written permission has also ceased from the date of termination.

Dori20, your letter is a considerably abridged version of the Surlybonds' post.
It does not reinforce the fact that in the absence of permission from the
credit card company, that the cra are in breach of the DPA. Nor have you
given them a time frame to respond [usually 21 days].
In addition, you will have to include the Statutory Notice, as indicated in
your letter, which gives them 7 days to remove the default. [You will find
the SN just above the letter you copied from.]

Hi,

The letter is much longer than this, I only amended part of the first few paragraphs so thats all I quoted.

With regard to the stat letter, i have that all ready to print' no real chanes to that other than inputting my info. Just wanted to know if the slight alterations I have made read OK.