Unpaid cheque recorded as arrears on credit file

[Chrissielr]

Last week I received an email alert from Equifax that First Direct had marked my CURRENT account as 1 month in arrears. I lodged a query with Equifax asking how a current account with no repayments due or CCA could be marked as 1 month in arrears, thinking this was just an error. Today I have received a reply from Equifax saying the First Direct has investigated the accuracy of the information above and have verified its accuracy.

 

When I read down the thread what First Direct have actually said is:

 

Thank you for your enquiry. I can confirm the status '1' showing against your current account ???? is correct. The status relates to items returned unpaid on your account. If you wish to discuss this further please contact us direct.

 

I questioned this sveral further times with Equifax who just keep saying that unless First Direc amend the information they can't do anything. Therefore, I called First Direct who tell me they are acting according to Equifax directions. If an account is not handled according to the rules, because it is a current account Equifax, instead of writing "there were 2 unpaid items on the account this month, put that the account is in arrears.

 

This seems like a breach of data protection to me, can anyone suggest how to go about resolving this asneither party will accept a responsiblity to how the information is written.

[huggles]

as far as I can tell the agency will not change it unless the bank tells them to, so I would go to them.

that said, one late payment is a very minor issue and assuming it's all back up to date soon it won't cause you any problems.

[Paintball]

Last week I received an email alert from Equifax that First Direct had marked my CURRENT account as 1 month in arrears. I lodged a query with Equifax asking how a current account with no repayments due or CCA could be marked as 1 month in arrears, thinking this was just an error. Today I have received a reply from Equifax saying the First Direct has investigated the accuracy of the information above and have verified its accuracy.

Just thinking around this, have you recently reclaimed charges from First Direct? A few months after reclaiming charges from Coop Bank I discovered an entry on my credit report for the Coop Bank ... Hmmm? Retaliatory action? Are they waiting to 'pounce' on me so they can record things such as returned cheques? Is this what has ahppened to you ...?

 

When I read down the thread what First Direct have actually said is:

 

Thank you for your enquiry. I can confirm the status '1' showing against your current account ???? is correct. The status relates to items returned unpaid on your account. If you wish to discuss this further please contact us direct.

 

I questioned this sveral further times with Equifax who just keep saying that unless First Direc amend the information they can't do anything. Therefore, I called First Direct who tell me they are acting according to Equifax directions. If an account is not handled according to the rules, because it is a current account Equifax, instead of writing "there were 2 unpaid items on the account this month, put that the account is in arrears.

Surely this should be the other way around; First Direct have sent the info to Equifax with the obvious intention of recording negative information on your a/c so it's not Equifax who are giving directions. FD are fobbing you off by the sounds of it.

This seems like a breach of data protection to me, can anyone suggest how to go about resolving this asneither party will accept a responsiblity to how the information is written.

FD are responsible for this so they should remove it but I'd be interested to hear more about your a/c history with them.

I have sent a letter to the Coop Bank asking them to explain the appearance of an entry for them on my credit file and adding that:

 

It is of interest that the FOS recently ruled against Alliance and Leicester Building Society for action that was described as “unfair punitive and retaliatory” by the building society against a customer.

[Chrissielr]

My account history with them was fine, until I started a new job in April. There have been problems with salary payments not going in on a specific day, which meant a couple of times direct debits were unpaid. I explained this to FD and they seemed fine about it until August when they called me and insisted on doing a financial check. Even though it should more than adequate dosposbale income each month, they revoked my cheque book and mentioned some adverse credit on my file.

 

I got quite cross about this as what the hell has adverse credit on my file got to do with them unless I am asking for further credit? It's actually my loan account with LTSB which is in dispute, but I don't see why I should have to discuss that with FD and I told them so. It's since then that things have started to happen, culminating in this latest addition to my credit file. Could this be classed as retaliatory behaviour?

 

I've filed a complaint with the Data Commissioner, perhaps I should complain to FSO also?

[Paintball]

My account history with them was fine, until I started a new job in April. There have been problems with salary payments not going in on a specific day, which meant a couple of times direct debits were unpaid. I explained this to FD and they seemed fine about it until August when they called me and insisted on doing a financial check. Even though it should more than adequate dosposbale income each month, they revoked my cheque book and mentioned some adverse credit on my file.

This response seems excessive to me ...

 

I got quite cross about this as what the hell has adverse credit on my file got to do with them unless I am asking for further credit? It's actually my loan account with LTSB which is in dispute, but I don't see why I should have to discuss that with FD and I told them so. It's since then that things have started to happen, culminating in this latest addition to my credit file. Could this be classed as retaliatory behaviour?

Yes, but more to the point it's excessive and I'm not sure if it conforms to Data Processing Principles. Of particular note is the third Principle which states that:

"3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed."

 

I've filed a complaint with the Data Commissioner, perhaps I should complain to FSO also?

Great that you've done this. I would hope that the ICO will agree with the above and get FD to remove the entry ...