Aktiv Kapital (again)....

[kyuudousha]

I have been looking through my Credit File over the past few weeks with a view to rebuilding my credit status when I came across this one:

 

Company name: FIRST NATIONAL TRICITY FIN LTD

Account type: Credit Sale Fixed

TermStarted: 13/03/2003

Default Balance: £3,236

Current Balance: £3,236

Repayment Period: Monthly Payment £95 over 36months

Defaulted On:17/06/2004

File updated for period to:08/08/2004

 

Notice where it says the 'current balance' is £3,236 where in fact this debt has been cleared...

 

I then came across this one, which refers to the same debt:

 

Company name: AKTIV KAPITAL (UK) LTD

Account type: Bank

Started: 13/03/2003

Default Balance: £3,236

Current Balance: £250

Defaulted On: 17/06/2004

File updated for period to:09/07/2006

 

Again, notice that it says current balance £250 updated to period 09/07/2006. This balance was cleared on 06/07/2006.

 

Which then led to this one:

 

Information type: Judgement

Date: 01/08/2004

Court: NORTHAMPTON COUNTY COURT

Case number: #######

Amount: £3254

Source: Registry Trust Ltd

 

My questions to you guys are these:

 

1. Can a finance company default on you, then sell the debt on and, have the new creditors default on you ON THE SAME DAY? Without even giving you a chance to repay the original loan?

 

This one loan has led to 2 defaults and a CCJ against me which is obviously pretty irksome.

 

When I went onto equifax I found the same entries but with more detail, which made it more interesting:

 

1 payment"s" 1 month in arrears; 1 payment"s" 2 months in arrears; 0 payment"s" 3 or more months in arrears. Default has been registered on this account.

 

And for Aktiv Krapital:

 

YearJanFebMarAprMayJunJulAugSepOctNovDec2004 0 payment"s" 1 month in arrears; 0 payment"s" 2 months in arrears; 0 payment"s" 3 or more months in arrears. Default has been registered on this account

 

(Authors note: I have had to remove the little bubbles as they were image tags and there was 17 of them, so I wasn't allowed to post them. It was those bubbles that made it more interesting because they showed the default date to be May and NOT June...)

 

The interesting bit about both the AK and Tricity finance entries is that at the top it says:

 

Defaulted: 17/06/2004

 

 

 

Therefore, I am somewhat confused as to the fact that the little bubble things say I defaulted in May and yet the date clearly states that it was June?

 

Secondly, the debt is now cleared, but AK haven't sent me anything about settlememnt so I can't clear the CCJ (or mark it with settled should I say).

 

I have seen the thread on here about AK by OTS(?) and am interested as to whom he sent the letter to on his first post.

 

Any offerings would be greatly appreciated as I want to rid my file of these two defaults if possible...

 

Many thanks

 

Kyu

[demon_x_slash]

Sorry, not a legal eagle - just wanted to say I love your sig

[kyuudousha]

Sorry, not a legal eagle - just wanted to say I love your sig

 

I'm not sure what the literal translation is but I think it goes something like:

 

"When you have their full attention, their hearts and minds will follow"

 

[demon_x_slash]

lol...'something' like that...

[elsinore]

Hello kyu.

 

You should shake hands with mackie68 who has an identical set-up with TF and AK !! I have just posted on that thread

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/18294-aktiv-kapital.html

 

Can a finance company default on you, then sell the debt on and, have the new creditors default on you ON THE SAME DAY? Without even giving you a chance to repay the original loan?

 

This came up with my own case involving AK and LTSB. I don't yet know the answer, but I'm working on it.

http://www.consumeractiongroup.co.uk/forum/other-institutions/12020-elsinore-aktiv-kapital.html

 

Elsinore

[mechs]

I'm not sure what the literal translation is but I think it goes something like:

 

"When you have their full attention, their hearts and minds will follow"

 

 

"When you have a good grip on their balls, their hearts and minds will follow"

[nathal]

hi, does anyone know what percentage AKTIV buy debt at. Im wondering because i had debt sold to these from open and direct and wondering what the least they wouls settle for.

ps £2009 owed

[gizmo111]

My questions to you guys are these:

 

1. Can a finance company default on you, then sell the debt on and, have the new creditors default on you ON THE SAME DAY? Without even giving you a chance to repay the original loan?

 

 

The default can only go onto your credit file once - this is a data protection breach, I have the quote at home and will post it in the next couple of days. Not a home at present using someone elses computer.

[daisy lighter]

This link should help.

 

You need page 8 and the bottom of page 12.

 

http://www.experian.co.uk/downloads/compliance/dataprotection_guidanceondefaults.pdf

 

Cat

[gizmo111]

How long do defaults remain on a credit file?

 

In normal circumstances, the defaults will expire after 6 years. The exception is if the creditor continues to re-apply the default throughout the period when the amount remains outstanding. In this case, the default rolls and could theoretically be on the record forever (unless you pay the money off).

 

If this happens, there is action you can take.

 

A default can only be legally issued ONCE on the same debt. It has a 'life-span'of six years and must come off the credit reference agencies files after this time - this is the law under the Consumer Credit Act.

 

However,if they DO re-issue the default, it is NOT consumer credit law being broken, it comes under the Data Protection Act.

 

You can obtain a report 'Defaults Filed with Credit Reference Agencies' by Carol Hufton, from the Citizen's Advice Bureau. It was published in June 1999 by the Data Protection Registrar to 'give the registrars view on the standards of data quality which should be met when filing information about Defaults'.

 

The report states that 'the date of the default should not post date the CCJ or bankruptcy', and that otherwise is 'a breach of the 1st Data Protection Principle' - 'the re-recording of a default is not acceptable'.

 

To resolve the situation, fax a copy of the relevant paragraphs of the report, and a copy of your credit file showing the breach to the lender. You may also wish to send the same to the reference agencies. Firmly insist that the default is amended to show the original, and only the original date of default. If that date is more than six years ago, the default must be immediately and permanently removed, and not reapplied.

 

Hope this quote from DP act is some use to you.

 

 

 

 

 

Posted: Sun Aug 07, 2005 4:21 pm Post subject:

[kyuudousha]

Thanks for the help guys, it's most appreciated.

 

I have had another thought by the way regarding this whole issue.

 

The original loan with TF was under the wifes name, however, it does not show up on her credit file but shows up on mine instead. Obviously I am not wanting to rock the boat as far as the wife's credit rating is concerned it might be an interesting point when trying to get rid of the default on my reference.

 

Anyway will fire off this letter to AK on Friday with a view to having them remove their entry. Then I shall wait to see what happens. The idea is to get them to remove theirs, then hit TF with the same letter but modified for the copy of assignment clause added onto the end. Hopefully that will get rid of both defaults...

 

AKTIV KAPITAL UK LTD

MERCHANTS HOUSE

HAMILTON PLACE

CHESTER

CH1 2BE

Reference: Account No. ##############

Dear Sir or Madam,

I require that you send me a notice of settlement so that I can forward this to Northampton County Court so that I can have them amend the CCJ to ‘settled’. I would like to point out at this stage that you took the final payment of £250 on the 6th July 2006 and yet made no mention of this when you updated the records on my credit reference on the 9th July 2006.

I have also noticed a number of inconsistencies with respect to your registering of a ‘default’ notice on my credit reference.

Firstly, it clearly states in the Defaults Guidance under the Data Protection Act 1984 that:

“The term ‘default’ when recorded on a credit reference file should be used to refer to a serious default when “the relationship with the individual is deemed by the lender in a standard business relationship to have broken down.”

Although there will be some flexibility in the definition of a breakdown, the Registrar believes that there should be general rules as to the minimum period of delinquency which should exist before a default can be filed and the maximum period after which, if anything is to be recorded with a credit reference agency a default must be filed. The following parameters are in line with the practices currently adopted by most lenders.

· Accounts not to be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consequetive months in arrears;

· Accounts where those payments due have not been received for six months should normally be filed as being in default.”

It is clear from your entry with the credit reference agency that you filed for default on the very same day as Tricity Finance filed for default. Therefore I had absolutely no chance in maintaining any form of payment schedule as you simply did not offer one. This is in clear breach of the recommendations of the Defaults Guidance of the data protection act 1984.

Secondly, it clearly states in the Defaults Guidance that:

“The accuracy of any given default record is a matter of fact. The Registrar would normally expect a data user to retain such records as are necessary to demonstrate the existence of an agreement and to support the filing of a default. In other words she would expect a lender to be able to produce evidence to substantiate a default record it had placed on a credit reference file. The absence of such supporting records may indicate a breach of the Data Protection Principle which requires personal data to be adequate, relevant and not excessive for the purpose for which they are held. A record of the despatch of a notice of an intention to file a default, if not a copy of the notice itself, will assist data users to comply with this requirement.”

Again, as I have no recollection of receiving a notice of intention to file a default you are in clear breach of the Defaults Guidance, I therefore require you to substantiate this data at your earliest convenience.

Lastly, a report 'Defaults Filed with Credit Reference Agencies' by Carol Hufton, published in June 1999 by the Data Protection Registrar to 'give the registrars view on the standards of data quality which should be met when filing information about Defaults' states that:

“The re-recording of a default is not acceptable.”

 

Therefore, as the default on this credit agreement is already registered with Tricity Finance you are again in breach of the Data Protection Principle.

So, with this in mind I have the following requests:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number ##### #######.

2. You must supply me with a signed true and certified copy of the original default notice

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files or I will have no alternative but to report you to the Office of Fair Trading and the Information Commissioner's Office.

 

Yours faithfully

[kyuudousha]

This one went to Tricity Finance:

 

Reference: Agreement No. #############

Dear Sir or Madam,

I have noticed a number of inconsistencies with respect to your registering of a ‘default’ notice on my credit reference, namely this one:

Company name: FIRST NATIONAL TRICITY FIN LTD

Account type: Credit Sale Fixed Term

Started: 13/03/2003

Default Balance: £3,236

Current Balance: £3,236

Repayment Period: Monthly Payment £95 over 36months

Defaulted On: 17/06/2004

File updated for period to: 08/08/2004

In March 2004 I was one payment behind

In April 2004 I was 0 payments behind

In May 2004 I was 2 payments behind

I would like to draw your attention to the following points:

Firstly, how did I manage to fall behind by 2 payments in the space of one month?

Secondly, it clearly states in the Defaults Guidance under the Data Protection Act 1984 that:

“The term ‘default’ when recorded on a credit reference file should be used to refer to a serious default when “the relationship with the individual is deemed by the lender in a standard business relationship to have broken down.”

Although there will be some flexibility in the definition of a breakdown, the Registrar believes that there should be general rules as to the minimum period of delinquency which should exist before a default can be filed and the maximum period after which, if anything is to be recorded with a credit reference agency a default must be filed. The following parameters are in line with the practices currently adopted by most lenders.

· Accounts not to be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears;

· Accounts where those payments due have not been received for six months should normally be filed as being in default.”

 

It is clear from your entry with the credit reference agency Equifax that you defaulted on this loan well before either of the two deadlines above, this is in clear breach of the recommendations of the Defaults Guidance of the data protection act 1984.

Thirdly, it clearly states in the Defaults Guidance that:

“The accuracy of any given default record is a matter of fact. The Registrar would normally expect a data user to retain such records as are necessary to demonstrate the existence of an agreement and to support the filing of a default. In other words she would expect a lender to be able to produce evidence to substantiate a default record it had placed on a credit reference file. The absence of such supporting records may indicate a breach of the Data Protection Principle which requires personal data to be adequate, relevant and not excessive for the purpose for which they are held. A record of the despatch of a notice of an intention to file a default, if not a copy of the notice itself, will assist data users to comply with this requirement.”

Again, as I have no recollection of receiving a notice of intention to file a default you are in clear breach of the Defaults Guidance, I therefore require you to substantiate this data at your earliest convenience.

Fourthly, the Defaults Guidance states that:

“Default records should not only show the original amount of the default as a snapshot in time but should also reflect subsequent payments made by showing the current balance of arrears”

And

“Where debts are passed for collection purposes to internal debt collection departments or outside debt collection agents the obligation to keep the record of the default and any outstanding balance accurate and up to date remains with the Lender.”

As your record was last updated on 8th August 2004 it is woefully out of date and, yet again, you have failed to act within the Default Guidelines.

Fifthly, the Defaults Guidance states that:

“When the rights to a debt are assigned to a third party the obligation to file accurate and adequate information is not automatically removed from the lender which will remain a data user for information which continues to be held on the credit reference file. However, the purchaser of the debt may agree as part of the purchase contract to become the data user for the account information filed with the credit reference agency. In this case the customer should be notified that the debt has been assigned. The credit reference agency file should show the name of the purchaser and indicate the fact that the rights to the debt have been assigned.”

So, with the previous points raised in mind I have the following requests:

1. You must supply me with a true copy of the alleged agreement you refer to in the default notice. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 9826 9365 1019 4241 9812

2. You must supply me with a signed true and certified copy of the original default notice.

3. Any deed of assignment of the debt being sold on.

 

 

Your organisation has acted in such a shoddy manner towards this that I have no alternative but to request that this data is provided to myself within 28 days from the date of this letter, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

If this is not done to my satisfaction I will have no alternative but to report you to the Office of Fair Trading and the Information Commissioner's Office.

Yours faithfully

 

Both letters went by Recorded Delivery today (25th July 06)

Once these have been removed (hopefully) I'll tackle the CCJ...

[kyuudousha]

BREAKING NEWS!

The Tricity finance default has been removed!

 

I realise that this can't be because of the letter that I sent as I only sent it yesterday.

 

Therefore I can only conclude that it must be because I complained to Experian to let them know that this default was registered twice for the same debt and that they have had it removed...

 

Forgot to mention this in previous post. I like to refer to it as 'carpet complaining'...

 

Still, one down and now AK to go.

 

Will keep you posted.

[kyuudousha]

oops !

 

I forgot that I sent them a letter earlier (7th July) asking for it to be removed and I recieved this reply yesterday (26th July but dated 24th July):

 

Thankyou for your letter dated 7th July 2006, I apologise for the delay in responding.

 

As a responsible finance company we report details of all accounts opened with us to three credit reference agencies: Experian Ltd, Callcredit Plc and Equifax Europe (UK) Ltd. The details reported reflect the status of the accoutn and are updated monthly.

 

This account has been sold to Aktiv Kapital. Therefore our entry on your credit file should have been removed and replaced by theirs. Unfortunately our entry has remained on your credit file in error; I have now arranged for its immediate removal.

 

I trust this clarifies the situation, but if you have ant further concerns regarding this issue, please do not hesitate to cantact me.

 

Yours snicerely

 

A Realperson.

Credit Data Management

 

Now then, I have a few comments on this regarding the responsible finance company and updated monthly.

 

This is obviously not the case as the default has been there for two years.

 

My question to any legal eagle types out there is this:

 

What would be my chances of suing them under something like 'defamation of character' using the relevant regulatory bodies as a big stick?

 

I'll draft out a letter to them to start with as I need to see what the reply is to my letter dated 24th July.

 

By the Gods if they can't produce the documents I have requested there will be hell to pay!

[kyuudousha]

I sent First National this letter yesterday to start bombarding them with correspondance. Hopefully this should confuse the issue a bit:

 

 

FIRST NATIONAL TRICITY FINANCE LTD

CREDIT DATA MANAGEMENT OFFICER

CREDIT DATA MANAGEMENT

GE CAPITAL BANK LTD

PO BOX 700

LEEDS

LS99 2BD

 

Reference: Agreement No. ################

 

Dear Sir or Madam,

 

I would like to thank you for finally having the default removed from my credit reference but would like to respond to the points raised in your letter dated 24th July 2006.

 

Firstly you state that:

 

“As a responsible finance company we report details of all accounts opened with us to three credit reference agencies: Experian Ltd, Callcredit Plc and Equifax Europe (UK) Ltd.”

 

I have several issues with this statement. In the Defaults Guidance of the Data Protection act 1984 it states that:

 

“The term ‘default’ when recorded on a credit reference file should be used to refer to a serious default when “the relationship with the individual is deemed by the lender in a standard business relationship to have broken down.”

 

Although there will be some flexibility in the definition of a breakdown, the Registrar believes that there should be general rules as to the minimum period of delinquency which should exist before a default can be filed and the maximum period after which, if anything is to be recorded with a credit reference agency a default must be filed. The following parameters are in line with the practices currently adopted by most lenders.

 

· Accounts not to be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears;

 

· Accounts where those payments due have not been received for six months should normally be filed as being in default.”

 

According to Equifax Europe (UK) Ltd the account managed to go from being no payments behind in April to suddenly jumping to 2 payments behind in May. How is this possible? How can I have missed 2 monthly payments in the space of 1 month?

 

Aside from this obvious error, you have NOT kept within the guidelines that are ‘adopted by most lenders’ as stated. At what point did the relationship between lender and individual break down? After only one month? Effectively, you have also filed for default when the account was only 1 month in arrears according to YOUR Equifax entry, again breaching the guidelines for defaults.

 

This is obviously clearly in error as a responsible finance company would have carried out their duties in accordance with the Data Protection Act 1984 and removed this default from my credit reference when you ‘sold the debt on’.

 

Secondly your letter states that:

 

The details reported reflect the status of the account and are updated monthly.

 

Whereas the Defaults Guidelines clearly states that:

 

“Default records should not only show the original amount of the default as a snapshot in time but should also reflect subsequent payments made by showing the current balance of arrears”

And

“Where debts are passed for collection purposes to internal debt collection departments or outside debt collection agents the obligation to keep the record of the default and any outstanding balance accurate and up to date remains with the Lender.”

Again, this is utter rubbish and quite clearly not the case as this default has been registered with Experian for nearly 2 years. This means that you have failed to update your accounts monthly on no less than 23 separate occasions! Not only did you fail to remove the default notice applied by yourselves you even failed to keep the balance up to date. This, I believe, is not only a breach of the Data Protection Act but also the Consumer Credit Act.

 

As it would appear that you do not follow this code of practice I would hardly call you a ‘responsible finance company’.

It also clearly states in the Defaults Guidance that:

“The accuracy of any given default record is a matter of fact. The Registrar would normally expect a data user to retain such records as are necessary to demonstrate the existence of an agreement and to support the filing of a default. In other words she would expect a lender to be able to produce evidence to substantiate a default record it had placed on a credit reference file. The absence of such supporting records may indicate a breach of the Data Protection Principle which requires personal data to be adequate, relevant and not excessive for the purpose for which they are held. A record of the despatch of a notice of an intention to file a default, if not a copy of the notice itself, will assist data users to comply with this requirement.”

Again, as I have no recollection of receiving a notice of intention to file a default and you are in clear breach of the Defaults Guidance.

At what stage have you even attempted to be ‘responsible’? When you defaulted on this loan far too early? When you failed to have the default removed when you sold this debt on? When you failed 23 times, at least, to update the balance of this default? When you failed to issue a notice of default?

 

I also notice that I paid the sum of £213.20 for Payment Protection Plan Premium. As a responsible lender, why did you not write to me to point out that we did in deed have this protection cover before you defaulted on the loan and sold it on to Aktiv Kapital? Therefore, you have added this premium to the loan amount and not even given me a chance to use the payment protection policy because you sold the loan on well before the default guidance said that you should have done.

 

Therefore I require you to recompense me for the decimation of my credit rating through your negligent handling of my account to the sum of £2000 within 14 days from the date of this letter.

 

This figure is to compensate me for the small inconveniences such as not being able to take advantage of ‘charge free’ banking by changing banks for my business account due to this unlawful default. Also for not being able to apply for a credit card which would allow me to book hotels over the telephone when we wish to go on holiday and for limiting our holiday destinations, such as America, where a credit card is essential.

 

 

 

If this is not done within the 14 days, you must understand that, as a responsible consumer I will have no option but to carry out the following:

 

• Report you to the Office of Fair Trading for your breaches of Data Protection Act 1984 and the Consumer Credit Act 1974.

• Report you to the Information Commissioner's Office for the numerous breaches of the Defaults Guidance under the Data Protection Act 1984.

• Report you to the Consumer Credit Association, of which you are a member, for your breaches of the Consumer Credit Act 1974 and the Data Protection Breach of not keeping your records up to date in accordance with Defaults Guidance under the Data Protection Act 1984

• Report you to the Financial Services Authority for your numerous breaches of the Consumer Credit Act 1974 and the Data Protection Act 1984.

• Report you the Financial Ombudsman for your various breaches of the Consumer Credit Act 1974 and the Data Protection Act 1984.

• Finally, I shall exercise my right to sue you under the Consumer Credit Act 1974 for the sum of £4,326 which is for the original amount of the agreement plus a nominal £1000 for the stress and inconvenience that you have put me through because you have not fulfilled your part of the contract. On top of this figure, will of course, be the court fees as well.

These points will be actioned without further notice after the 14 day deadline has expired.

 

I look forward to your response.

 

Yours faithfully

 

Lets see what happens now I suppose...

[MARTIN3030]

Good luck with this.

As I am aware the term is loosely refered to as Financial defamation.

 

A court would obviously expect you to be able to prove that the entries had restricted your ability to obtain credit.

One such means of arguing this is if there have been any credit searches logged.

It could be said that a lender after doing the search would have relied on the information,and on this would very likely refuse any application for credit.

 

You have a very good case though and it is backed up with the legal framework that the defendant would be very foolish to challenge.

 

I am certain your results here will be of much interest to many of us here.

 

[Layla_ck]

Sorry to hijack the thread, but I checked my experian report and I have a default with Natwest Bank and Barclaycard, but there are two identicle entries for both debts?

 

Why is this and does it have an adverse affect?

[JonCris]

BREAKING NEWS!

 

The Tricity finance default has been removed!

 

I realise that this can't be because of the letter that I sent as I only sent it yesterday.

 

Therefore I can only conclude that it must be because I complained to Experian to let them know that this default was registered twice for the same debt and that they have had it removed...

 

Forgot to mention this in previous post. I like to refer to it as 'carpet complaining'...

 

Still, one down and now AK to go.

 

Will keep you posted.

 

Hate to dampen your day but when you dispute any adverse info on your credit file the agency are required to remove it until thay have contacted the creditor telling them that you dispute it & asking them to confirm it & when they do it goes back on. They are also supposed to notify anyone who has searched your file that the info is disputed. This is all done electronicly when some lowly paid muppet at the other end when asked to confirm simply presses a key to confirm it is.

 

I know this because I spent 4 years getting 2 defaults removed. However in your case I do hope I'm wrong so keep checking

[MARTIN3030]

Sorry to hijack the thread, but I checked my experian report and I have a default with NatWest Bank and Barclaycard, but there are two identicle entries for both debts?

 

Why is this and does it have an adverse affect?

 

A default entry of course has an adverse effect.

You should contact experian if you have concerns that its wrong.

Have a look on their website too.

Credit Reports: Get your Credit Report from Experian UK

[MARTIN3030]

Hate to dampen your day but when you dispute any adverse info on your credit file the agency are required to remove it until thay have contacted the creditor telling them that you dispute it & asking them to confirm it & when they do it goes back on. They are also supposed to notify anyone who has searched your file that the info is disputed. This is all done electronicly when some lowly paid muppet at the other end when asked to confirm simply presses a key to confirm it is.

 

I know this because I spent 4 years getting 2 defaults removed. However in your case I do hope I'm wrong so keep checking

 

 

None of the CRAs actually inform you of this.

They merely say that they will investigate any dispute or inaccurate info with the creditor and come back to you ............in 28 days !!

 

Can you point to any particular statute that relates to this requirement ?

it would naturally be worth posting a link for it on here.

[JonCris]

None of the CRAs actually inform you of this.

They merely say that they will investigate any dispute or inaccurate info with the creditor and come back to you ............in 28 days !!

 

Can you point to any particular statute that relates to this requirement ?

it would naturally be worth posting a link for it on here.

 

Sorry no. I discovered this was the case during my many many communications with the CRA's. I threatened them on a number of occasions & they told me these things to try & impress on me that they are fit & proper persons to run their register. Also I suspect they do it to show the OFT & ICO they are responsible & to avoid being sued. They can claim they do check & if it's wrong it's not their fault. The check more or less consists of asking the creditor "is the information you provided true" & the reply is always "yes"

 

Perhaps a letter from the starter of this thread who's already dealing with them the CRA asking if what I say is indeed the case & once confirmed it can be posted here

[kyuudousha]

Blimey! It's like waiting for a bus on this thread! Nobody posts for ages then half a dozen at once!

 

I'll try to answer all questions on this one post so forgive me if it seems to jump about a bit...

 

Good luck with this.

As I am aware the term is loosely refered to as Financial defamation.

 

A court would obviously expect you to be able to prove that the entries had restricted your ability to obtain credit.

 

Two defaults and a CCJ, I think it would be fair to say that my ability to obtain credit was restricted somewhat. As for serches done on my credit reference file, they disappear after 12 months so trying to prove that I had applied would be difficult. Thanks for the good luck wishes though I'm actually having a bit of fun with this and I will definitely keep you all posted...

 

Sorry to hijack the thread, but I checked my experian report and I have a default with NatWest Bank and Barclaycard, but there are two identicle entries for both debts?

 

Why is this and does it have an adverse affect?

 

No worries, feel free to jump in whenever you like on my threads. The information the better as far as I'm concerned. I think somebody has already mentioned that defaults are JUST AS BAD as a CCJ so you really want to get rid of them. There should only be one default shown for one debt though, this is why Tricity Finance had to remove theirs... eventually.

 

Hate to dampen your day but when you dispute any adverse info on your credit file the agency are required to remove it until thay have contacted the creditor telling them that you dispute it & asking them to confirm it & when they do it goes back on. They are also supposed to notify anyone who has searched your file that the info is disputed. This is all done electronicly when some lowly paid muppet at the other end when asked to confirm simply presses a key to confirm it is

 

No, it wasn't anything to do with my snotty letter really, it was purely down to Tricity Finances shoddy systems that it was left on my record. Therefore it should have been removed when they sold the debt on. Basically, it has indeed gone for good as they have written to me to tell me that they left it on in error. Some responsible finance company eh? Also, any adverse data stays on your file as the CRA does not have authority to remove it without the original lenders say-so. Have a look at the sample letters from Experian below. Bloody cop-outs the lot of 'em!

 

None of the CRAs actually inform you of this.

They merely say that they will investigate any dispute or inaccurate info with the creditor and come back to you ............in 28 days !!

 

I have had some replies to queries from Experian which basically say this:

 

Thank you for contacting us.

 

Your query is being handled by one of our specialist credit reference team. We expect to be able to research and respond to your query within 8 working days.

 

We have assigned the following individual reference number - ##########, please ensure you quote this number if you need to contact us again.

 

Many thanks

 

CreditExpert

 

AND

 

Thank you for your query received on 07 July 2006.

 

In view of your comments about the address of ################## by Black Horse, I am writing to them for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.

 

While I investigate your comments, I am adding the following statement to the entries you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."*

 

{Authors note: I'll bet that little snippet REALLY puts lenders minds at rest eh?}

 

Your report will change in the next seven days. Please use this letter if you need proof in the meantime.

 

I am telling all the companies that have searched your credit report in the last six months of the change to your information.

 

Yours sincerely

 

 

Miss ###########

Consumer Services Officer

CreditExpert

 

Therefore, the adverse data stays on your file until whoever told the CRA to put it on tells the CRA to take it off...

 

Perhaps a letter from the starter of this thread who's already dealing with them the CRA asking if what I say is indeed the case & once confirmed it can be posted here

 

The two letters posted above from Experian are about the depth of my knowledge I'm afraid, but will of course post any updates as soon as they come in.

 

Thanks all and enjoy!

 

I think this could turn into a bit of a hobby...

[JonCris]

If your having fun your COULD apply for one of these so called low interest loans (you know the type we will lend you some money & it won't cost you nowt) & if they come back either refusing or quoting squillions of % you have your proof

[JonCris]

Blimey! It's like waiting for a bus on this thread! Nobody posts for ages then half a dozen at once!

 

I'll try to answer all questions on this one post so forgive me if it seems to jump about a bit...

 

 

 

Two defaults and a CCJ, I think it would be fair to say that my ability to obtain credit was restricted somewhat. As for serches done on my credit reference file, they disappear after 12 months so trying to prove that I had applied would be difficult. Thanks for the good luck wishes though I'm actually having a bit of fun with this and I will definitely keep you all posted...

 

 

 

No worries, feel free to jump in whenever you like on my threads. The information the better as far as I'm concerned. I think somebody has already mentioned that defaults are JUST AS BAD as a CCJ so you really want to get rid of them. There should only be one default shown for one debt though, this is why Tricity Finance had to remove theirs... eventually.

 

 

 

No, it wasn't anything to do with my snotty letter really, it was purely down to Tricity Finances shoddy systems that it was left on my record. Therefore it should have been removed when they sold the debt on. Basically, it has indeed gone for good as they have written to me to tell me that they left it on in error. Some responsible finance company eh? Also, any adverse data stays on your file as the CRA does not have authority to remove it without the original lenders say-so. Have a look at the sample letters from Experian below. Bloody cop-outs the lot of 'em!

 

 

I have had some replies to queries from Experian which basically say this:

 

Thank you for contacting us.

 

Your query is being handled by one of our specialist credit reference team. We expect to be able to research and respond to your query within 8 working days.

 

We have assigned the following individual reference number - ##########, please ensure you quote this number if you need to contact us again.

 

Many thanks

 

CreditExpert

 

AND

 

Thank you for your query received on 07 July 2006.

 

In view of your comments about the address of ################## by Black Horse, I am writing to them for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.

 

While I investigate your comments, I am adding the following statement to the entries you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."*

 

{Authors note: I'll bet that little snippet REALLY puts lenders minds at rest eh?}

 

Your report will change in the next seven days. Please use this letter if you need proof in the meantime.

 

I am telling all the companies that have searched your credit report in the last six months of the change to your information.

 

Yours sincerely

 

 

Miss ###########

Consumer Services Officer

CreditExpert

 

Therefore, the adverse data stays on your file until whoever told the CRA to put it on tells the CRA to take it off...

 

 

 

The two letters posted above from Experian are about the depth of my knowledge I'm afraid, but will of course post any updates as soon as they come in.

 

Thanks all and enjoy!

 

I think this could turn into a bit of a hobby...

 

I can assure everyone my disputed defaults where removed. In fact they where removed & reinstated on 3 different occasions during my long lone battle with card companies. It may be that I was extremely proactive & starting sending them all LBA's. They where removed for good 2 days before I was about to issue

 

Anyway the above experian letter is a waste of space credit checks are done electronicly & a default results in an automatic rejection by prime lenders. They would have to be some manual intervention for that posted message to be of any use & lenders have many more fish in the sea than bother with someone who might pose problems.

 

Can anyone recall anyone in the history of lending getting a response which says we'll wait until you resolve matters then make a decision"

[Guest Zooman]

Anyway the above experian letter is a waste of space credit checks are done electronicly & a default results in an automatic rejection by prime lenders. They would have to be some manual intervention for that posted message to be of any use & lenders have many more fish in the sea than bother with someone who might pose problems.

I thought I would add that once this is added any applications are no longer allowed to be dealt with electronically but manually this is covered in law.