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About Ocelot0411

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  1. How incredibly patronising. My question was in relation to the FOS. The phrase you are looking for is 'I don't know'. Changing the subject to something you think you do know about does not answer the question. Thanks for your kind offer to wade in on your white charger and 'turn this around for poor stupid little old me but I think I'll cope. Oh woe is me, if only I'd asked you first! Repeat after me 'I don't know'. Arrogant. And can you see my letters? Don't be ludicrous
  2. Why would coming here first help? The options are FOS or court. I tried FOS first as I thought it would be less hassle, but as ever with the FOS that didn't prove to be the case. The FOS adjudicator told me that my employer shares my salary details with CRAs, that the main three CRA's share information with one anther and that an IVA wouldn't be reported on a credit file. Need I say more? What makes you think the FOS is there to help? They meet targets and are funded by the businesses we complain about and then turn spiteful when you correct them. What difference does it make who the lender is etc? I don't need help with the claim, I was simply enquiring if anyone had taken on the FOS to which I assume the answer is no. This isnt' about the PDL its about the FOS???? Could you please move this back to the FOS forum? This is not about a payday loan issue.
  3. Hi sorry I've been a bit swamped. It was a payday loan unaffordable lending complaint. the adjudicator knew nothing about how credit reference files work and when I pointed out to him that he was wrong he took the hump, hugely. He overturned a previous adjudicators decision to now say that the lending was OK. He refused to accept evidence from the CRAs themselves which proved he was wrong and I ending up complaining about him. Once I escalated the complaint the shutters came down and the ombudsman backed him just to mitigate my complaint. The decision states that black is actually white, i.e. the evidence says the opposite of what it actually shows. I am just livid that they get away with this.
  4. Nope. Does it matter? What I mean is I can take the business to court instead which I now will but I don't want the FOS to get away with stitching me up and I have no faith in the 'independent' (oh the irony) Assessor.
  5. Ombudsman, who rubber stamped the adjudicator's decision even though it was factually incorrect. The problem is I complained about the adjudicator so the Ombudsman just agreed the decision to mitigate my complaint. He stated that black was white on the determination and even said that events the business confessed to (and were evidenced by myself) didn't happen. I am absolutely livid.
  6. I have an awful feeling that I know the answer to this already but has anyone tried to bring a claim on these grounds against FOS and does anyone know of any solicitors that have any experience in this area? Thanks in anticipation
  7. Absolutely awesome news!! I take my hat off to you Orfoster. I have a horrible feeling that all of mine will be SB now but this is a moral victory. Although I fear this won't be the end of it.
  8. I brought up the dates because you said that the date of default could be interpeted as 2014 when that is clearly the date of update. Date of update and default date are entirely seperate. I am not being disrespectful by pointing out the fact that these dates are two entirely seperate things. Fkofilee - you say we have all seen what MMF can do, have we? Why do people on this forum keep saying that it doesn't happen then? Saying it doesn't happen so you don't have to admit you are wrong doesn't help anyone. It is happening whether people say it is or not.
  9. Depends what you mean by ‘defaulted’ I assume you are referring to the recording of defaults with CRA’s rather than legal default under the CCA. The two are entirely separate. There is no requirement for a default to be recorded on a credit file before it is sold. There is in fact no requirement for it to be recorded on credit file at all. This is a commercial decision by whoever legally owns the account at the time. Yes the new owner can change the name of the owner of the account to their name or the Original Creditor can mark it as sold and settled and the new owner can put a new account on the credit file as long as it is clear that this is for the same debt and the default date is the same (so same account number would suffice as showing it’s the same debt).With regards to notice, again we are not talking CCA here so notice is recommended in the ICO guidance but not legally required for CRA purposes (although you may be able to prove unfair processing under the DPA). The 6 month default recording you refer to is guidance only and not law, bottom line is if it’s accurate they will likely get away with it, especially seeing as they have bought the debt several years down the line and their commercial practices are different to the original creditor. Can be challenged definitely on the grounds that a) it does not belong to OP – its inaccurate and therefore unlawful under the DPA b) cannot be legally challenged there is no legal cause of action, its a breach of ICO guidance and nothing more. ICO is unlikely to do anything about it (they don’t do much about anything). You will also note that the ICO guidance which you are relying on here has been removed from the ICO website which should give you a fair idea of how likely any argument that a firm is in breach of it will be upheld by the ICO. They clearly don’t want / intend to enforce it.
  10. The information on the credit file is crystal clear. The default date is 16 February 2012. It was last update by MMF on 6 April 2014. Can't see any ambiguity whatsoever. Funny............I thought this couldn't happen according to the 'experts' on here.
  11. And now you can see from various other posts that they can and they do.
  12. PLEASE stop giving incorrect advice to people. They can and they will register the default if they own the account.
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