Right i have spoken to Mackenziehall, He has agreed that the searches should not be hard searches on table one of my credit report and should be on table two, which would be correct. Now he has contacted Equifax today to fix this, However how about this, they say the searches on not on table one but in fact are in table two. ?????? So the report i'm buying from Equifax is actually not worth the paper it's written it's not even correct information!! It's too late today but i have the direct line of Equifax this is the mail Mackenziehall received from Equifax below, Not happy about this !! i will be ringing the direct line tomorrow of Equifax to get to the bottom of this!! Hi ***, As discussed I can confirm that the 2 searches completed by Mackenzie Hall on Mr ****** are listed in Table 2 on his credit file, these searches are not seen by other lenders. If you have any further queries please contact me. Thanks ******** _____________________________ ****** ******** Service Coordinator Equifax Ltd **********@equifax.com [email protected] ***** ******** (Option 3) Direct Dial **** 759*** Mobile **** 848*** Equifax Ltd is registered in England with Registered No: 2425920. Registered Office: Capital House, 25 Chapel Street, London NW1 5DS. Equifax Commercial Services Limited is registered in the Republic of Ireland with Registered No. 215393. Registered Office: IDA Business & Technology Park, Rosslare Road, Drinagh, Wexford. The information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please resend this communication to the sender and delete the original message or any copy of it from your computer system.

I hear your angle but what's the approach to make this point ? What letters view or direction do i use?

Thanks i will call Equifax on the phone tomorrow, and also MackenzieHall, i think may well get this fixed quickly as to be fair to MackenzieHall he is under the impression the search is for address details only (A soft search etc) I don't think he knows it's a hard search that i'm moaning about...'' I will get on it, Look in on the thread i'll report back with the update of what happens. In the meantime thanks vjohn82 helping me with this, i really appreciate it very much.

The other debt company ones drop off this year in a few months time so i not worried but Mackenzies are fresh and will show for two years. Given i want to apply for a morgage next year etc i want this sorted out.

The following table shows searches undertaken in connection with credit applications: Table 1: Credit Searches The following table shows searches undertaken in connection with credit applications: 17/02/2010Outstanding DebtMackenzie Hall - Kilmarnock 26/11/2008Outstanding Debt*oval Debt Collection Ltd 16/06/2008Outstanding DebtCnm Ltd 16/06/2008Outstanding DebtCnm Ltd s06/03/2009Outstanding DebtMackenzie Hall - Kilmarnock (Bat 06/03/2009 Outstanding Debt Mackenzie Hall - Kilmarnock (Bat Table 2: Other Searches The following table shows searches undertaken for purposes other than credit applications. These searches have no impact on a credit decision:

Yes i hear what your saying, hang on i will show you it from my credit file from Equifax give us a minute.

OK here's MackenzieHall reply to me i typed it out myself so you can read it, Final Response Further to your letter dated 8th March 2010, the contents of which we have noted. I can confirm that Mackenzie Hall has fully completed our internal investigation and I am in a position to further clarify the following: We do not believe our enquires of your credit file to be illegal. We act on our clients behalf, Cabot Financial (Europe) Limited, who upon purchasing this account from Morgan Stanley are assigned the rights reserved to the creditor. In turn Cabot assigns Mackenzie Hall the necessary rights to collect the outstanding balance which will include making necessary enquiries to ascertain your current whereabouts. We would not, at this stage, facilitate the removal of the credit footprints without having clear reason to do so. That being the footprint was placed erroneously or that you were not liable for the balance outstanding. Even in the case of Statute Barred debt we would not facilitate the removal of the footprint as the validity of the debt is not in question, merely the methods used to collect it. Lastly I would like to point out the statute referred to in your letter, The Fair Credit Reporting Act is a United States federal law originally passed in 1970. As such I do not believe that this act is of any relevance to this case and I am unaware of a comparable law within UK statute. I would like to think the action I have taken and the decision I have made will be to your satisfaction. However, if you remain unhappy with my reply I am enclosing a leaflet about the financial Ombudsman Service. Should you choose to contact them, you will need to do so within six months from the date of this letter, enclosing a copy of my response, which they will need for their investigation. Thank you for the patience you have shown in this time Your sincerely

The letter they send back to me below this post is in reply to mine after i send this letter to them, Attention: Mackenzie Hall Credit Department Unit 1A 58 Portland Street, KilmarnockKA1 1JG Dear Mackenzie Hall, This letter is your formal notice to cease your unauthorized hard inquiries into my credit report and, a formal demand that you immediately contact the credit reporting agencies and credit bureaus, where your organization has made inquiries into my credit history, to have your illegal inquiries removed. Be advised that I will be checking my reports to ensure you have had the following unauthorized inquiries removed: Made by: Mackenzie Hall Kilmarnock Made on: 17/2/2010 and also 06/03/2009 Made with: Equifax Credit Bureau To my knowledge, I have not signed any documents authorizing your organization to view my credit history therefore, your inquiry into my credit report violates the Fair Credit Reporting Act, Section 1681b©: Transactions Not Initiated by Consumer. If you are in possession of any document that you believe authorizes you or your organization to make inquires into my credit report, I respectfully request a copy of this document be sent to my address listed above so that I may verify its validity. Given the amount of identity theft, I'm sure you'll agree that verifying your information is in your best interest. Finally, assuming you do not posses inquiry authorization, I request that, after removing your unauthorized inquires from my credit profiles, you also remove all of my personal information from your records and send me confirmation that you have complied with my requests. Sincerely,

Great sounds like you know your stuff give us a minute i want to scan and show you the letter i got back from them so you can see the stage i'm at. I will also follow your instruction.

Firstly thanks for the reply, There are two types of search, A soft search A hard search I have spoken to Equifax about it you can see on my file it is a hard search this will be visable to other potential lenders who may request to view my file.

Hello and thanks for looking in, I will try to keep this short and to the point...'' Debt Collection agency is Mackenzie Hall. I had debts which were Statute Barred. I have dealt with that correctly by letter good they closed the accounts and will not contact me again. My question now they done two hard credit searches on my file with Equifax these look bad and will stay on my file for two years not good. I want them removed. I have spoken to one of there Compliance Managers directly on the phone and to be fair the guy is fine no problems on that front we actually get on! That said not enough for him to remove them.... Now i have got this far to date, I am to undertand if a debt collection agency buys a debt etc, That also gives them equal rights under the original credit agreement and in this case one of those rights being to search my credit file for example. Is this 100% right?? If so could i request the original documentation agreement which shows my credit agreement and signature for example. If they can not provide this can i then get them on the fact they can't prove the debt exists? And as a result i can make them remove the search??? Any advice apprecated, KB

Ok thanks i think it's very close to the 8 weeks the first letter i received from them was the end of August.

OK i won't bother sending it then, I'll just get on with my life as before and forget about it until the next letter i suppose.

Yes maybe your right but this letter gives them 14 days after which time i can at least make a complaint against them. It seems since my limitation letter send back in august they can take as long as they wish by just sending a letter every month or so....where will it end. How long do they have to provide the information or close the case?

Thanks thats an interesting statement in the meantime i going to send this letter off to them tomorrow see what they come up with in the next 14 days....'' Capquest Limited October 2008 To Whom It May Concern: Your Reference Account Number: XXXXXXXXXXXXX I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY In response to your third and latest letter dated 16th October 2008. I now request that you send me a true copy of this alleged credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER: 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment. 4. Fair Processing Notice. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by you is made in writing only to the above address any direct contact will be regarded as harassment. As this account is in dispute, I would also draw your attention to The Banking Code section 13.6:- We may give information to the Credit Reference Agencies about personal debts you owe us if: ·The Amount Owed is Not in Dispute. ·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003 Deceptive and/or Unfair Methods- 2.8 Examples of unfair practices are as follows:- k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. I look forward to hearing from you within the statutory time limit. Yours faithfully

Is there really nothing else i can do? Could i sent them a letter asking for the credit agreement.....

So it sounds like i will have to wait this out and see where it goes....'' I hope there is an end to it at some point i thought after three months they should of got the information from Egg banking.

Hello to all looking in, I'm just after some advice i had a debt with egg banking which according to my credit file my last payment default date was on August 3rd 2002 Given the date this is the last payment or acknowledgement made by me this default has now been removed from my credit file. I wrote to Capquest who have pursured me agressively for many months i did not reply to them until August 18th 2008 with a letter stating the limitations act as you will be aware of. I received a letter back from them imforming me the account is now on hold until they optain the information they said they would then write to me again within 28 days. They wrote within the 28 days basically saying they are now requesting the infomation direct from egg banking and are waiting a response again they said they would write within 28 days. I now have a third letter again just within the 28 days saying again they are endeavouring to obtain the required infomation from egg banking saying they are discussing the case personally and hope to resolve this matter very soon. This is the third letter received from them since the letter sent to them back in August so its like three months and its still on going. Is there anything i can do or do i have to just sit this one out and see what happens? Is there any other type of letter i may be able to send to end this quickly?

Thank you i feel much better now

It was an egg credit card for an amount of 10,500 pounds...'' So it's sounds like i should be ok?

No i'm 100% certain there is no CCJ with this debt i have constant access to my credit file there is no CCJ's on my file. So can you tell me do they need to reply within the 28 days? The limitations act letter states they kind of need to agree its' outside the time limit and inform me by letter the matter is closed. This is what the limitations act letter asks for will they do this and if not not what can i do next if anything?

Hello to all and thanks for looking in, I had a debt which expired in August 2nd 2002 This was 6 years ago and has been cleared from my credit file. I have or did not acknowleadge this debt in any way since the last payment which was now just over 6 years ago the default date and last known payment was as above 2nd August 2002. Capquest have persued me for the last couple of months for this debt. I did not acknowledge there letters in any way. On the 18th August 2008 i sent them a signed for recorded limitations act letter to which they received and replied my account is now on hold for 28 days. Can anybody tell me what my next step should be as i do not know what happens next, any help greatly appreciated, KB

Your completely wrong and it will not catch up with me and i will not be looking over my shoulder lol. My credit file will be clear next year fact. Try not to live your life on what could happen but live it with what does happen there is a big difference. Didn't you just read my last post about scare mongering ? EDIT: This thread is closed. Rooster-UK.

The worse problem with many debt issue's from individuals and organisations is the lack of knowledge to what could happen. This opens up scare mongering a tatic commonly used by debt collection agency to intimidate people into paying. Hense the above paragraph adopted by an individual in trying the same on me lol. Interesting to read what you have said and note: Writing in capitals the point to add weight to it similar to a red letter don't you think?. Unfortunately this is not a forum where i can necessary argue as my thread is not a good starting point otherwise i would of enjoyed a bit of debate.

Well firstly i don't need help, what i asked is clarification on a couple of fairly basis points which you can read in my first post in this thread. I accept what i have done smacks in the face of what this forum is about and for that reason i will not argue the point. However all forums are based on honesty and debate myself all i did was give just give my story i never build it up as a solution or a way for anyone to manage a debt problem. I apologise for the negative approach to solving debts and fully understand it is not consistant to the law of the land, but then the law of the land is not always right is it? All the best with the forum and thanks for the advice.