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  1. Good evening all, I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them: Dear Sir/Madam Account No: With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 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. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (sections 77-79) , I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. A speedy response would be appreciated to resolve the matter amicably. I look forward to hearing from you soon. Yours faithfully THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS: Thank you for your CCA request etc etc... We currently do not have this information on file. However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender. You have requested a copy of the Deed of Assignment. Please be advised that the DOA is a confidential document between Cabot and the original lender. It does not contain any personal details relating to you or your account and is not available for disclosure. We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account. Only the courts can request this... Blah blah blah. A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable? Also is it acceptable what they are saying about disclosing the DOA to me? I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable? I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days. Should I continue paying or is it advisable to stop until they wholly action my request? Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants. Many thanks.
  2. I personally know somebody who got a mortgage with an IVA so I know its possible as that's more frowned upon. I appreciate I won't get as good a deal having a DMP to my name though. Been in DMP for about 5 years. So defaults will be gone within 2 years. Cabot (was Halifax) £2300 Cabot (was Halifax)£3250 CashEuroNet (aka Quick Quid) £770 Instant Cash Loans (aka Payday uk)£305 Link (was Co-op) £5700 Moorcroft (aka Home Retail Group) £132 Nationwide (as is) £4200 Although one of these does not even appear on any of my credit reports.
  3. Printed off my credit report last month (Experian) and had the epic 'score' of 580.... Experian emailed me today to say there had been a change on my report. Logged on to see that Southern Water had added a default to the report with a default date of June 2016, no great shakes to be fair because it improved my 'credit' score to 635!!! However, I've not, nor ever have I, received a default notice? What is the MO for these clowns? And why are Experian shockingly inept at processing personal data accurately? Leave it two years for a default to appear on a credit file?
  4. Update on General data Protection Regulations due to hit in may 2018 There is a overt permission of Data Subject to consent to processing of data, so a CRA processing John Doe's data without him knowing could fall foul. Likewise a DCA. Full implications are not yet known http://www.idgconnect.com/blog-abstract/26688/what-gdpr http://www.idgconnect.com/blog-abstract/24273/gdpr-probably-won-decimate-businesses-leave-burned Discuss?
  5. THREAD NOTE: the OP talks of a CCJ this is infact a DEFAULT MARKER ignore the reference to it being a CCJ. dx - siteteam ........................................................... Hi All, the is my forst post on CAG. I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this. 7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split. Consuquetly, the house was repossed and a CCJ was rejistered against me. I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected. So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA) The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent. After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here. So my questions are: 1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years 2. If not, what are my options to have these removed from my credit file? We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file All help is VERY greatfully apreciated in advance
  6. Hi everyone, firstly, apologies if this is in the wrong forum. If so please tell me off mods and feel free to move the thread! I need to find out the VAT code and the Unique Taxpayer Reference (UTR) of a company. I found the VAT code easy enough. Has anyone got any idea how I can find this UTR for a particular company? Thanks.
  7. Hi All, A petition to regulate Credit Reference Agencies to make them take responsibiity for the rubbish data they hold, please sign and pass around https://petition.parliament.uk/petitions/212110/sponsors/new?token=uVL8zQ8UufpmcsmeBQ
  8. The Consumer Action Group Guide to understanding how the Credit Reference Agencies work. The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions . Credit Reference Agencies.pdf
  9. The Consumer Action Group Guide to understanding how the Credit Reference Agencies work. The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions . Credit Reference Agencies.pdf
  10. The Consumer Action Group Guide to understanding how the Credit Reference Agencies work. The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions . CredAg_WIP.pdf
  11. The Consumer Action Group Guide to understanding how the Credit Reference Agencies work. The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions . Credit Agencies Guide.pdf
  12. As the title says really, i've been asked if i'd provide a reference, which i'm willing to do as former employer really took advantage of this guy for several years and then sacked him the day after he finds out his wife was pregnant. He was a good guy, hard working, gave it 110%, but used to get a lot of hassle/blame he did not deserve, mostly because of his age and inexperience in dealing with work politics.. I'm wondering what sort of reference is this, obviously it can't be personal, but how much can I say about the way I feel he was treated?
  13. Hi All Earlier this year I had a Final Charging Order applied for by my local Council to my local County Court. This secures a long-standing Council Tax debt from a past period of financial difficulty. I’ve no problem with that, it’s right and proper and appears to have been done procedurally correctly. The issue I have is that the Final Charging Order, issued by the County Court with a case number etc, has found its way to Registry Trust so is now listed on my credit file by the credit reference agencies. I’d always understood that credit reference agencies didn’t list council tax debt, so I’ve done a bit of research and made a few calls and I’m now in a position where I need some advice – hence my post here. I rang Registry Trust, the guy I spoke to said normally a charging order wouldn’t be listed but the info they get sent to upload from the County Court Money claim centre doesnt specify what the Judgement is - it just lists case number, amount, claimant & defendant names. He advised me to call the County Court Money claim centre, who have asked me to put my case to them in a letter or email. So what I’m looking to find out is: 1. What and where is the legislation or rules saying what Registry Trust should list? 2. How do I go about getting them to remove the record if it shouldn’t be there? 3. What about the credit reference agencies themselves, what and where is the legislation or rules saying what they can list? I dont want this blighting my file for 6 years if it shouldnt be there. Thanks in advance for any help
  14. Hi All, Please bear with me. I was made redundant over a year ago, and as a single Mum, I've just started my own business, but am still relying heavily on benefits while I find my feet - financially. Our landlady's told us she's selling the house in June and as we've been here for 5 years and are so happy and settled, I'd love to somehow be able to buy it. The house is expected to go on the market for 220K. My mum recently sold her house and has a 30K deposit she can give us and I'm now considering the following options: 1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this? 2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this? I'm pretty convinced that our dream's not achievable, but I thought I'd ask here first - I've heard great things about this forum. Here's hoping, Many thanks in advance.
  15. I noticed on my credit report some information that I disputed. I got a letter from the agency saying they had removed the entry while investigations took place. They later re-instated the entry, but not for 3-4 weeks. Is this normal practice? If it is, what is to stop people disputing all their credit file, and during the removed period, getting credit before re-instating of the entry takes place?
  16. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  17. We had a credit card with a debt of around >10k when we moved to Canada. It was transferred to Apex and we asked for a CCA in 2013, they did not supply it so it was no longer enforceable and we stopped paying it. In 2016 it was transferred to a DCA and again we asked for a CCA, they did not supply so we carried on with not paying it. My questions are: a) How do I find the data of our last payment and acknowledgement of the debt. Do forums like this constitute acknowledgement. b) How do we go about requesting our Credit Reference from the UK as we have not lived there for over 10 years and is there any benefit if so what c) Is it worthwhile asking the original credit card company for their records to see if their were any PPI or spurious charges or should we let sleeping dogs lie. I have posted previously under a different username but forget the login details. Thanks in advance
  18. The following attachment contains guidelines on filing defaults with credit reference agencies. It was published in 2007. guidance_on_defaults.pdf These guidelines have now been superseded by a new set which apparently have been drafted by the credit reference agencies themselves but with approval and apparently "close involvement" of the information Commissioner. high_level_prinicples_document_final.pdf You can spot the difference because the original 2007 version is on information Commissioner headed notepaper and the information Commissioner claims responsibility for it. The more recent 2014 revised version contains merely a "foreword" by the Information Commissioner. Of particular interest is the clear difference in approach to disputed accounts. The 2007 guidance gives very clear directions as the steps to be followed when deciding whether or not to refer a disputed account to the credit reference agency file. The 2014 guidance appears to be completely silent on this matter. Although this important issue has clearly been deliberately excluded from the more recent guidance, you should remember that first of all – this is only guidance. Secondly, the original 2007 guidelines make it clear that the entering of a disputed account on to a credit reference agency file risks breaching the legal requirement of – accuracy. Although the subject of disputed files has been omitted from recent guidance, "accuracy" is still a lawful requirement for all entries placed onto credit files. This means that the steps which the 2007 document advises should be taken, are still relevant and we feel that where there is an account which is subject of a valid dispute – as per the 2007 guidance, that this should not be referred to the CRA's. We appreciate that this places some organisations in great difficulty because it must take a great deal of time and judgement to make the right decisions. However, we are also fully aware that many organisations are really quite cavalier about the status of disputed accounts and will even use the credit reference agency as a stick to beat troublesome customers with. If you feel that you have a marker which has been unlawfully placed on your credit file because you have a valid dispute – such as a mobile phone provider failing to carry out their side of the bargain, then you should read the two guidance documents above – and keep the 2007 version very much in mind. Just because the 2007 version has been revised, it does not mean that it has no validity.
  19. Hi, myself and my partner just put a deposit down on an apartment which isn't available until the 7th of July. The letting agent has just sent us through the holding deposit T&C which states the following.. " Should the applicant withdraw the application or fail their referencing, which is at the landlords discretion and in this event be unable to provide a guarantor suitable to the landlord, the deposit will not be returned" Is this common practice? Surely that's a HUGE gamble with money?? I don't mind losing the fees but the entire deposit as well? Shouldn't they usually take this AFTER the checks have been carried out? Any help would be much appreciated before I sign these forms! Many thanks!
  20. In 2011 I opened an Argos card account and have never missed a payment or paid late. With that in mind, last year due to personal circumstances I have defaulted on a financial arrangement with a different organisation. Upon checking my credit file regularly I have seen that Argos are reporting that my account with them is showing; The account status is currently under review due to a query. Argos have been reporting this same status since May 2015 - long before anything else went into arrears. Are they allowed to do this and if not, what course of action can I take against them? I have tried calling them to ask the question but they were evasive and told me to write to them
  21. Hi Everyone, I left my job in September, I just received a letter from my line manager's manager telling me I owed the organisation £260 for damage to a laptop (saying the laptop is now unusable). I admitted to two keys falling off the laptop and at the time I was told that was normal wear and tear (as I did outreach work and the laptop travelled alot) But they are claiming a bent screen and trackpad. However paying for damages is not in my employment contract. Are they legally able to make me pay for the damages? If so can I ask for several quotes for the damage before I pay? They are threatening to withhold my reference if I don't settle the matter with them.
  22. for a family friend In may she had a letter from a debt collector saying she owed £1200 to a water company for a property she moved out of in 2006 she contacted the water company who found the system was at fault and had the record of the phone call in 2006 (but not was said) to say i,ve moved and this is the new property. and direct debit payments continued for the new property. there system kept charging the account for four years and the new owner didnt pay anything they sent debt letters to the old address until may of this year the water company reduced the balance to zero and said sorry. now she applied for a mortgage with what she thought a perfect cra record then bang mortgage company have stopped in their tracks today. saying you have a debt collectors search on your record and the rate you want is no longer available what are her options
  23. I have decided to accept settlement from an ex -employer on condition of a good reference.(I was made redundant)So , before i sign,is the reference they have submitted ok ? "I confirm that was employed by 1st April 2014 following a TUPE Transfer . This role involved providing support in all public-facing areas at the various Trust sites including reception, gift shop, tea room, welcome areas and within properties and visitor areas.The employment with the Trust ended on 31st March 2015 due to redundancy following an organisational restructure"
  24. A cagger has asked me to start a thread in respect of complaints against Credit Reference Agencies. The Link below is to an American article. http://www.housingwire.com/articles/34870-cfpb-complaints-against-credit-reporting-agencies-rise-sharply It would appear that complaints there against CRAs has risen considerably. Two of the 3 most complained about agencies are Experian and Equifax. I seem to recall that we have had several complaints about CRAs on CAG - one that comes to mind is where an Agency provided credit information to someone they shouldn't have. (I will try and find the thread and link it) The Court of Appeal has ruled that the CRAs are not obliged to ensure absolute data accuracy !!
  25. Inaccurate credit files If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000. Write to the agency giving your full name and address. It may also help to give your credit reference file number. Clearly explain what information you think is wrong and why. Provide any proof you have to show why the information is wrong. Keep a copy of any letters you send. By law the agency must tell you within 28 days of your letter if it has: • removed the entry from your file • amended the entry; or • taken no action If the entry is amended, the agency will send you a copy of the amended entry. The agency will also send the details to any lender that has searched your credit reference file in the last six months. http://www.legislation.gov.uk/uksi/2000/291/made
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