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spitting kitten

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  1. I was going through my new credit file when lo and behold Next have vanished :o I am going to keep this copy for proof. I had a car on HP which didn't show on my file and now it does but the Hp is due to drop off in 2 months time as the 6 years is almost up from when it was paid off. If Next reappear on my file can I make them take it off? and how do I stand that the 2 other cra's are still showing Next? Shall I send them a copy of my credit file? S.K
  2. I wonder if anyone can help me with this. On the first page of credit file it states under attributed information that some of the data which shows asterisks around my name will allow me to view information which could be attributed to me. It goes on to say that attributed data is information that cannot be definitely be identified as mine. Even though lenders can view this data, proof that the data belongs to me should be obtained before it is used in a lending decision. Is this just a load of s*** or what? I have a * next to a default of an account which I have never been sent a default notice for. I sent a sar to the said company and there was no default notice in the information provided. I sent this to all cras asking for removal as data (as I have included proof one was never sent) to which they said I will have to ask the said company to remove it. The said company refused and none of the authoroties wanted to know and advised me to obtain legal advice. Unfortunatly I do not have funds to take the company to court. Sorry for the rant S.K
  3. Yeah thanks. I had the free trial ages ago. What got my hackles up was that they wanted these original documents and so many of them. It would maybe of not been so bad if they would offer to return them recorded delivery instead of normal post. Funny thing is though they can confirm over the phone that my bank etc have updated all the details on my file. I may be paranoid but I think they just want to annoy me back as I gave them grief about wrong information on my file which they refused to change without "The said company" permission even though I sent them proof. They just said it would be up to me to seek legal advice on "the company" to change it even when I argued that they are still the data controllers. Would it be worth subscribing registering in my old address on line then change address online do you think?
  4. I was just wondering if anyone else has had the same prolem as me. I have recently moved in the last few months and I sent all credit agencies a letter informing them of the move. This was because I wanted the correct date of change of address on my files. However two months ago I applied for my credit files and this was the result. Callcredit - no questions asked sent within 5 days of request Equifax requested that I sent them one utility bill from last address and one from new address (PHOTOCOPY WAS ACCEPTABLE) report received 8 days after. Experian..... wait for it.....wanted (ORIGINALS ONLY NO PHOTOCOPIES) of 1. My birth certificate. 2. My passport 3. My drivers licence (both parts) 4. 3 bills from old address 5. 3 bills from new address I sent them a letter back with utility bills stating that my passport had expired which it has so for security it got shredded and I do not yet have new drivers licence and if this was not acceptable then refund my money which they did 6 weeks later. Now I am being bombarded with call for loans and a debt collection agency I have never even heard of claims I have an account with them. Luckily they only have mobile number so I am screening their calls. I know who I owe money to. Anything I owe I am paying off and they all have my new address none of them have sent any letters stating accounts have been passed over. I regret to say that in my anger I shredded the letter that Experian sent to me. Would it be worth while doing a S.A.R - (Subject Access Request) to them if I have refused to give them what they wanted? Sorry for the rant S.K
  5. I have had a letter back from the Financial Ombudsman giving me a claim reference number and telling me that this is being looked into and that they will contact me again soon to let me know progress etc. Then I also received a letter from Barclays stating that they are unable to help me further on this matter and if I wish to speak to call call this direct telephone number case will be open for 8 weeks blah blah blah. I stopped contacting Barclays when they said that they have nothing more to comment on this situation and that was weeks ago. It will be interesting to see what they have to say for themselves now the F.O.S is on their case. I can't wait.....
  6. I had a letter from Next stating that they could not help me any further with my complaint and this would be the last letter to me Blah Blah Blah. So I forwarded this onto the I.C.O to add with the other 10 pages of bumph I sent them. I got a letter back yesterday from I.C.O saying they got the letter I forwarded to them but they have NO DETAILS of anything else I have sent to them. Please could I re send full complaint copy. I could scream, how did my complaint get lost I have proof of posting. I need to start this all over again, so sorry folks may be some time before I get back to you on this one. However I would like to know how anyone else gets on. I will fight to the death on this one........
  7. As soon as I get paid I am going to go in for a claim for the removal due to the letter I got back from Barclays this morning. The full and final answer is NO. The cheeky "Beeps" have also stated in their letter that the I.C.O backs them up and included a copy letter which was not personally addressed to me or anyone and just dated December 2006. But..... This I.C.O headed letter says that the I.C.O have been overloaded with requests for help from Experian on what to do about holding out of date information. The I.C.O states they confirm it has to stay for 6 Years as it is relevant information. However, that was not my issue with Barclays it was never having a default notice, being refused of a copy of the supposed default notice and all this due to unlawful charges. They can't even read and respond to a letter properly. It makes me so angry:mad: I will also be showing the judge the letter Barclays sent me refusing to comply with my s10 &12 notice even though they don't have my permission. S.K
  8. When you say not been signed for do you mean delivered? I have sent Barclays Bank recorded delivery letters and on Royal mail website it states that they have been delivered and on what date and time but... when I press the link to see a copy of the signature to know who signed for it it comes up with this service can not be provided. I tried again with an old reference number of Callcredit and it showed who signed for it. It seems that Barclays can get this signature and name withheld it that what Next have done? Sorry having a mental block (1/2 term holidays:rolleyes:)
  9. The ICO have stated that I should have made a complaint to the Financial Ombudsman Service first as they will only get involved after * You have contacted the Business directly to try and sort this out * If this has not been acheived the you complain to the F.O.S to resolve Then if not resolved they will get involved. ( to me, to you, to me )
  10. Well my house move has been delayed by 2 weeks so I am going to just get on with letter writing. I still have not heard ANYTHING from the Information Commissioners Office. My oh My I think they must have been hit by an avalanche of paperwork to be this delayed. I wonder how much money they will be getting from the recycle plant for all the shredded paper that they are able to supply. I reckon they have all gone on a 5 star all complaints paid holiday:p will report back when I know more. S.K
  11. I have sent letters to the OFT and ICO regarding Barclays non compliance of a copy of the non existant default notice. I was wondering has anyone had any joy in contacting the Financial Ombudsman regarding the banks for non compliance or if there is any template letter which is for default removal only? Would I be better off sending F.O the copies of documents that I sent to OFT and ICO? S.K
  12. They have ignored my request too so I have sent a complaint to the O.F.T and the Information Commissioner. I then had a sorry excuse of a letter from Littlewoods stating that they have been flooded with requests and that they are working through these as quickly as possible. Still no sign of default notice though am waiting for O.F.T and I.C.O to get back to me. I had another default removed from my credit report by getting OFT and ICO involved without court action. could be worth a try.
  13. Hi thanks for the reply and yes I did have an overdraft with them. I said to them that an overdraft is a form of credit but that is when they sent me the reply letter from above. I'll let you know what the reply is when I get one.
  14. I sent Barclays a C.C.A request letter and a cheque for £1 for a copy of the original default notice that I have never received. This is the reply I got back from them. Accnt: Barclays S/C: ******* Dear Madam (cheeky so n so's they know full well who I am) We write further to your letter of the ** ** addressed to our d.p team. In your letter you are requesting a copy of the signed and executed agreement under section 77 & 78 of the Consumer Credit Agreement. May we advise these sections of the Consumer Credit Act relate to a "fixed term credit agreement", for example loans. The above account number relates to your Barclays current account and the debt incurred on this was an unaurthorised overdraft and therefore is not a fixed term credit agreement, we have therefore returned your cheque in the sum of £1. Overdrafts regardless of their nature are repayable on demand. The bank issues demands for repayment of overdrafts by the issued of Termination notices. Please find enclosed a true and certified copy of the Termination Notice issued to you on 29th March ** If you have any queries please do not hesitate to contact us. Yours Faithfully FOR J DENNIS MANAGER The termination notice attatched stated it is issued in accordance with sections 76(1) and 98(1) of the consumer credit act 1974. But......... Consumer Credit Act 1974 Termination of agreements 98 Duty to give notice of termination (non-default cases) But they have marked my credit report with a default so does this mean thatthis is the devil in the detail? would like to hear from anyone who has, or is going through same thing. S.K
  15. It would be fantastic to hear from someone who has done this very interesting !!!
  16. I think that I am going to keep going down this route before I take any court action. I am still awaiting my reply from the I.C.O. As I am in the process of moving within the next week and a 1/2 I am going to wait untill I am in my new house before contacting Consumer Direct and The Financial Ombudsman Service. I know that it is dragging it out but I am hoping that this will be sorted this way because at least it builds a case with all the relevant authorites first before going to court. That way if it does go to court they can see that I have tried everything to resolve this before going to the courts. Any Other suggestions are most welcome.
  17. Office Of Fair Trading spitting kitten xxxxxxxxxxxxx xxxxxxxxxxxxx Our Ref: xxxxxxx Dear S.K, Thank you for your recent letter of complaint dated 16th April 2007. Your letter has been logged for our reports. I am sorry to hear of the difficulties that you have experianced with Next Directory. The Office of Fair Trading (OFT) cannot usually take action on cases brought to us by individual customers. Our primary duties include: the enforcment of competition law the regulation of the consumer credit market through a licencing system and the co-ordination of enforcement action throughout the UK, with the assistance of our other regulatory partners. Under the Consumer Credit Act 1974, most business offer goods or services on credit or lend money to comsumers, have to be licenced by the OFT. The OFT can refuse or revoke the firms credit licence if it engages in 'unfair or inproper business practices whether lawful or not'. We are unable to take up individual cases, however I have forwarded your letter to our Credit Licensing Enforcement Section here at the OFT for their records. They will contact you if they need additional information on your complaint. For advice relating to your individual case, you may wish to consider contacting Consumer Direct. Consumer Direct is telephone (08454 04 05 06) and online advice and information service for consumers in Great Britain. You may also contact the following orgaisations The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Tel: 0845 080 1800 The Finacial Ombudsman Service provides consumers with a free, indepedant service for resolving disputes with financial firms. They consider complaints about a wide range of finacial matters - from insurance and mortgages, pensions and investments, to individual complaints between customers and banks or building societies. The Information Commissioners Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 01625 545 745 Fax: 01625 524 510 The I.C.O enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000. The I.C.O also handles queries on information held by credit reference agencies. We hope that this information has been to use, and that this matter will be resolved to your satisfaction in the near future. Yours Sincerely Enquires Preliminary Investigations Centre
  18. I think I may end up having the same problem. If I do them I am going to keep pick, pick, picking away at them as there is no law that says that this default has to stay for 6 years? So if they really wanted to they could remove this right? The amount of Cr@p that I have had off a certain bank is going to haunt them for all the sleepless nights nights they gave me. I know that this probly sounds childish but I will start stamping my feet (and scweem and scweem and scweem.) my friend is relentless and gets her own way everytime, even with managment at work they let her get her own way even at times when it is unfair to others just to shut her up. If the bitch-fit riverdance is good enough for her I'm gonna give it a try !!!
  19. May be a consumer credit act request? As this will only cost you £1 statutory fee and they have 12 working days to reply before they default then a further 30 days before becoming a criminal offence. Then if still no joy I would report them to the Office Fair Trading and the Information Commisioners Office. I am not sure what else to suggest at the moment. It's just pants when no one replies you are not alone. Keep us posted S.K
  20. Hi great letter, you may get a response back saying that a default has to stay on for 6 years if so write back and ask them what law or legislations requires it to be on file for 6 years (which there is none only for bankrupts, iva's and ccj's) It would also serve to remind them that they do have the power to remove this information from a credit report. Some try it on by saying there is nothing they can do regarding this info, but they are still data controllers and will be held responsible if taken further. Good Luck S.K
  21. Well Cr*p Credit have sent me a letter stating that they have not had any of the documents from me as the person who signed the recorded delivery doesn't work for them and no one knows who they are. Where the Hell has all my personal info gone then? I am in the middle of moving and keep losing internet connection from B.T. Experian say that the information is correct and they they are not going to change it. Equifax say that they are waiting for a reply from Next. I have written to the OFT and I.C grassing them all up and sent a cover note stating that Equifax know that Next do not have my consent regarding data and have sent them proof of this yet they still want to discuss my data even though it's wrong and they are data controllers responsible for showing correct information once the mistakes have been made clear and why do they all keep passing the buck instead of dealing with it. I am no longer able to speak to any credit ref agencies due to compulsive fits of torrets when they ask how can I help? so it's snail mail as emails never get answered. The OFT and I.c are yet to reply to me.
  22. yeah I can't wait I will post as soon as I get anything.
  23. Fantastic I have reminded the cra's that although they have the information from Next they are still data controllers and responsible for showing accurate data. The cra's also informed me that I.C.O has NEVER challenged them on keeping data on file for 6 years (that is not in public interest.)
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