It all starts again. It seems that the DCA has kept my data after saying they had deleted it and then resubmitted it to Experian 6 months after they asked Experian to delete it. I need a solicitor I think, anybody know of any good ones?

All done, I'm free. Callcredit and Equifax have both removed the default. I've won it!!!!

Experian sure could learn something from both Equifax and Callcredit when it comes to letting people know what's happening and actually dealing with requests. If they had just asked the DCA the first time I asked them to investigate it I would not have had to wait for so long to get the first default cleared. Callcredit did it without delay and removed the default without delay. They have queried the new one without delay as well. Equifax have also queried it without delay. If this remaining default was on Experian I would probably be looking at another few months to get it cleared, needless to say I'm really glad it's not on their records. So as it stands, I'm waiting for Callcredit and Equifax to get a response from the Bank and waiting for the Bank to respond to my letter to them. It should all be sorted out within 28 days, then I'm free of this.8)

Hopefully, that letter was from 2007. But I don't see how they can argue it. They did remove the default from my wife's file in 2007, but seems like they forgot to remove it from mine. I've send the details to Call Credit and Equifax as well as writing to the bank to remind them with a copy of the letter they sent attached. I will be totally clear after this. How is your fight going jon_boy75?

I can't believe my luck...... I got a reply from the bank about the defaulted account, due to it being an overdraft they say they don't have to supply a credit agreement. Not sure how true this is but it sent me down the route of trying to find if they had sent me any letters of demand or final notices or anything that might help me. While digging around in my files I found a letter they sent to my wife about this account (it was a joint account) which stated that the overdrawn amount was made up of three loan repayments (which I had told them not to take due to me being unemployed at the time), charges and interest. They had placed a default on my wife's credit file as well. This letter was a response to a complaint my wife sent to them. Anyway they state the following in the letter..... So in light of this information, how could there possibly be a default on my credit files for this account when above action was taken. If the transactions were reversed then there is no debt, so there should be no default notice for this account. Or am I wrong?

If you have a rock solid argument and the DCA / OC cannot deny it they will remove the account, however if the DCA / OC are lying to keep the account on your file then you can claim damages through the courts and you should, if Experian has been given proof by you and have done nothing then you can include them on the claim. If your argument is weak they will ignore you. What is your situation? In my case Experian were clearly in the wrong and I was dead serious about taking it to court. They had no choice, they did fight it believe me, but in the end they had to remove the data. It helped that they were so far over the legal limits for their response, but I don't think they would have done anything if the DCA hadn't caved. Best thing to do if you have a rock solid case is send everything (letters, emails, telephone logs) to the ICO and then start hitting the DCA / OC with demands to remove the data and copy Experian in demanding that they remove the data. Every letter / email the DCA / OC ever sent you saying anything that supports your case send it on to Experian with a demand for action. Everything needs to go to the ICO as well. Don't just leave things to the ICO, they take ages to do anything, I have still not heard anything from them. But use the fact that you have lodged a complaint in your own correspondence. Make sure Experian know that they are well over time limits (if they are) and that you are aware of the limitations placed on them by the law.

They still have to abide by the 28 day rule, if they exceed that they lose any protection the law gives them, the ICO guidelines state this. If they lost the protection they are potentially liable for damages, just depends how far you will take it. This is how I finally got through to them...

Update: Callcredit have removed the old one. (Easy!!!) Still waiting for a response from the bank, they have a week or so left.

equifax has the new one, not the old one... Now it feels like I have to start from scratch again.

Well the fight is back on, CallCredit still have the default and another one that I didn't know about. This new one is still with the bank, so just sent them a CCA for the agreement. Told Callcredit to clear the other. Still waiting for Equifax to get their act sorted out. They were not happy with my passport as a proof of identity??? crazy, they insisted on having a copy of my drivers license now! Does that seem strange?

Right, Equifax & Callcredit. I have tried in vain to create accounts on their websites. Equifax want to see my passport and my bank statements to verifiy my identity. Not happy with this at all. I've scanned my passport and bank statement. Blotted out my signature on the passport image. So anyway, attached the images to their website form with the following message attached. I wonder how they will respond.... Callcredit will have to wait till I have some more time.

It's been an 8 month fight, but I guess that is pretty quick, some people have been at this a lot longer than I have. I can't believe it's happened so quickly either, I had suspected that I'd have to take it to court to get anywhere.

It's great, I'm feeling a little stunned. I really don't know what I'm going to do with my spare time now, I've gotten so used to fighting this fight. I have yet to check the other CRA's so I may have some fun yet.

At last a result: Default Account has been removed. I'm not sure how this happened, it may have been ordered by the ICO, however I have had no feedback from them. I did send another warning to CRA about their actions a few days ago. Have not heard anything from the DCA at all.

Got a message from ICO, they are passing my case on to a member of their casework team. Looks like it made it through the "it's junk, bin it" phase. Hopefully they will give the DCA a good talking too.

I did the same and even though they have had no repsonse from the creditor they have still not removed the entry. There doesn't seem to be any rule forcing them to remove an entry if the data controller does not repsond to their requests.

I don't really care about claiming anything from them, I just want them forced to remove the default.

How much does it cost to go to court?

I've not heard anything back from the ICO. I guess this takes time.... Experian have been quiet too, not sure when they plan on updating me on whats going on. I thought about writing to the DCA and threatening court action against them.

I'm having an ongoing battle with experian about a defaulted account on my credit file. The account was with a high street bank who sold it to a bottom feeder DCA. Unfortunately it took me a while to find this site and the wealth of information it has so I played cat and mouse with the DCA for three years only paying £1 a month. Once I found this site and realised I should have challenged them on their right to collect I did so. They took a while to respond to my CCA and went well over the 12(+2 for postage) days allowed. They only responded after I sent them a breach letter. Needless to say they had not responded because they didn't have any credit agreement to send to me. They had asked the original creditor and they didn't have it either. All this time dealing with them I was not made aware that they had placed a default on my credit file for this account. I never received a default notice although they did say that they would default me over the phone, but that was after they had already placed the default (2006) I asked them to either provide me with a signed credit agreement or to close their files and remove the account from my credit file. They actually wrote back saying that they had closed their files and written off the remaining balance and that the CRA's would be updated. They did update the CRA's however it was not to delete the account, they simple added "Satisfied" to it. I have written to them numerous times requesting the data be removed as they have no right to process my information without a credit agreement. They wrote back again saying that the CRA's would be updated with my request within 7 days. Weeks later nothing had changed so I wrote to Experian (decided to challenge them first before going after the other CRA's) asking them to delete the account as unsubstantiated. After about 10 emails between myself and Experian I'm no closer to getting this resolved. Experian has started an investigation, however they refuse to remove the accounts without permission from the DCA, the DCA is ignoring all of Experians attemps to check the information. So this seems to leave me in limbo. I have sent off a complaint with all the correspondence to the ICO however I have little faith in them based on what I have read else where. Can anybody advise me on what futher action I can take to get this default removed?