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A few questions about my credit report...


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Hi,

 

Ive just got my credit report online from Experian (using the free trial) and wondered if anyone would be able to help.

 

Searches

 

Lots of searches listed, many being "Unrecorded Enquiries" which appear to have no affect on my credit rating (so Experain say) although there are a few that puzzle me.

Name and Address: Mr Powerful Rogue

123 Abc Street, My Town

Name of applicant: Mrs Powerful Rogue

Date of Birth: 26/11/1983

Date of Application: 20/07/2006

Searched by: Royal and Sun Alliance Insurance PLC

 

In total there are six of these searches listed. Im presuming it must have been when the other half was looking for car insurance quotes - although she has never taken a policy out with Royal and Sun Alliance.

 

Are companies allowed to search my credit file when its the other half looking for a car insurance quote? Also she's a Miss and not a Mrs.

 

Linked Addresses

 

1) It seems to have me linked to the other halves parents address :confused:

Ive never lived there, never ordered anything to the address and when I met the missus she wasnt even living there. Can I get this removed?

 

2) I used to live at "1 ABC Street" however for some reason capital one have linked me with living at "2 Abc Street" - Can I get this altered or removed?

 

3) For example I used to live at "Flat 1, 20 High Street, Toy Town AB1 2CE"

A lot of lenders have linked me to the following variations:

 

20 High Street, Toy Town, AB1 2CE

Flat 1, 20 High Street, Toy Town, BB1 2CE

 

Can I get these altered or removed? (I dont know what difference it makes, if any, but it cant look good being linked to so many varitions.

 

Halifax have me linked to an address ive never even lived at! When I applied for a loan they said they would send me documents out, however after a week I hadnt received anything so I phoned up. They apologised and said they sent them to a wrong address! Now they have me linked to this address!

 

4) Ive got very old accounts that have been closed and unused for many many years, however after many of them its showing:

 

In last 14 months, number of status 1-2 is: 1

Number of status 3+ is:1

Appears these companies are transmitting information on closed/unused accounts - and its wrong information.

How would I go about correcting all this information?

 

I know Experian have a "report inaccuare information" - do I need to use this, or will they just come back with the line: "This is the information that has been supplied to us, you will need to contact the original company direct"

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First, I would sign in and then I suggest you read the F.A.Q`s on Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

You can report inaccurate information directly to experian but it will take longer than contacting the lenders/ companies direct!

 

hope this helps;)

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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I searched high and low on the site looking at how to dispute information, however could find nothing.

 

In the end I phoned Experain up and they gave me the following email address to send my dispute to: [email protected]

 

I have drafted up the following email, however any comments, suggestions and alterations would be greatly appreciated!

 

I would like to dispute the following information held by experian on my credit file.

 

Credit report reference: 123456

Name: Powerful Rogue

Address: My address

 

Credit Accounts

 

C11

This default is currently in dispute with Capital One due to the following reasons:

 

- They have failed to supply a copy of the default notice so its legimaty can be checked under s88 of the Consumer Credit Act 1974.

- Capital One refunded in 2006 £255 which was made up of unlawful charges. As such the default amount of £482 being displayed is incorrect.

- In the terms and conditions I signed it did not state that information in relation to my account would continue to be processed when the contract ended.

- When the debt owed to Capital One was cleared, the account was then closed. This in turn means any Terms and Conditions I signed are now null and void. S10 of the Data Protection Act specfies

"Right to prevent processing likely to cause damage or distress

(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.

(2) Subsection (1) does not apply—

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) in such other cases as may be prescribed by the Secretary of State by order."

Since the debt has been repaid in full, the account is no longer in default and this entry should now be removed.

C13

This account is correctly shown as being closed. However since the account is now closed the Terms and Conditions I signed at the start of the agreement with now be null and void. Also the terms and conditions I signed did not state that my information would be processed after the account had been closed. As such I request this information be removed from my credit file

C14

This account is correctly shown as being closed. However since the account is now closed the Terms and Conditions I signed at the start of the agreement with now be null and void. Also the terms and conditions I signed did not state that my information would be processed after the account had been closed. As such I request this information be removed from my credit file

Financial Associate Searches

U1 - U9

I have not given my consent for my credit file to be searched when applications for credit/insurance or any other reason are made by my partner who is shown as being a Financial Associate. As such I request this information to be removed from my credit file.

Linked Addresses

B2, B7, B10, B13

I have never lived at or been connected to "address". I request that this information be removed as it is incorrect,.

B3, B8, B11

I have never lived at or been connected with "address". I request this information be removed as it is incorrect.

B5, B9, B15

I have never lived at or been connected with "address". I request this information be removed as it is incorrect.

 

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if it's not too late this looks good to me, I have no experience with the CRAs myself, however my understanding from CAG is that they will just refer this back to the banks though so you might want to approach them simultaneously if you want to get cracking.

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Just received a reply back from the CRA - Need to work out how im going to reply to this. Im not too happy about the notice of correction, as ive read that this often does more harm then good for the below reasons:

 

 

There is no Notice of Correction held on your file.

This is good news, as it will ensure that your credit applications are processed with the minimum of delay and will have the best chance of success.

Unfortunately, over the years many consumers have used the right to explain why they fell into arrears, or didn’t pay on time, so as a result most lenders don’t use them for the purpose intended and instead see them as a sign of a prospective bad payer or complainer.

By law lenders are not allowed to process a credit application automatically that contains a Notice of Correction. Each must be manually read and considered. Because of this, adding a Notice of Correction will:

  • increase the time it takes for a lender to consider your application
  • increase the chances of your application being declined, as manual assessment is proven to be less efficient

Most people who add a Notice of Correction then forget to remove it, so even if an issue is removed or corrected from a credit report, or if it expires naturally, the Notice of Correction continues to flag a problem long after it appears on the credit report.

For these reasons, we do not recommend that you add a Notice of Correction to a credit report unless you believe that you are the victim of an identity ***** attack

 

The above is taken from CheckMyFile.com.

 

This is the reply I received from experian in dispute to the info held on my file:

 

Dear Powerful Rogue

 

Thank you for your query received on 24 December 2007.

 

I note your comments regarding entry C11 and advise that an arrangement to make payments after the date of default does not change the history of the account. This is true even once all payments have been made. The status history of '8' shows that, at the default date, the account was not being managed according to its contract.

 

We keep defaulted accounts on your report for six years from the date of default. This is true whether or not the debt has been fully repaid.

 

I also note your comments regarding entries C13 and C14 and advise that the status history shown on a settled account shows how payments were made before the account was closed.

 

We keep settled accounts on your credit report for six years from the date of settlement.

 

A financial associate search is showing on your report because someone you are financially linked to has made a credit application and your credit report has been seen by the lender as a result. It does not mean that you have made the application, nor that the application was for joint finance. The lender may have used your information when making their decision about whether to offer credit because you share a financial connection with this person and your financial circumstances may influence their ability to make repayments.

 

The person you are financially linked to does not have to get your consent each time they apply for credit. The fact that you are financially linked to this person is recorded on your report as an association. An association has been recorded, with consent, from information provided by one or both of you. An association means that when one of you applies for credit, the lender may use the financial details of the other to help them make a decision. If you believe that you are wrongly associated to someone else, please tell us and we will investigate for you.

 

Linked addresses are created when companies move a credit account from one address to another, or when they search more than one address when processing a credit application or from information you have given to us. You may not necessarily have lived at a linked address for it to be shown on your report but you should have had some financial connection with it.

 

In view of your comments about the amount recorded on the Capital One account and the address link details, I am writing to the companies concerned for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.

 

While I investigate your comments, I am adding the following statement to the entries you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."

 

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

 

I am telling all the companies that have searched your credit report in the last six months of the change to your information.

 

You may wish to refer to the Information Commissioner for clarification on the above points.

 

The Information Commissioner's Office regulates the work of credit reference agencies and lenders. If an individual believes that a lender or a credit reference agency has not fulfilled their legal obligations they may request that the Information Commissioner investigates the matter on their behalf.

 

Yours sincerely

 

Seems to be a standard cop out to be honest. Not impressed with their answer to the financial associate.

 

Any help, advice, hints or tips in the meantime will be greatly appreciated.

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Here is an letter I have drafted to send back.

Thank you for your reply.

 

Once an account has been closed and any outstanding balances have been cleared, the terms and conditions of the account become unenforceable. Can you advise where Experian have a legal right to hold this information and continue to process it for six years?

I understand that CCJ’s and Bankruptcy is an order by a court that has to remain on file for six years, however I can see no legal standing that defaults and previous account history must remain on file for six years.

 

In relation to financial associations, please clarify where my consent was given for my personal credit file to be searched when the person I am finically associated applies for credit?

 

The linked addresses I have highlighted in my credit file I have never been finically associated with.

 

While you investigate the comments queried in my previous email, I require these entries to be removed from view of any lender or any other person/organisation that may search my credit file. A notice of correction is not sufficient.

As a Data Controller, you have a legal obligation under the Data Protection Act 1998 to ensure that all information held on my credit file is “Fairly and lawfully processed, Adequate, relevant and not excessive, Accurate and up to date and Not kept for longer than is necessary”.

 

Comments, alterations and suggestions all appreciated!

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Just received the following email back from CreditExpert aka Experian.

 

Dear Powerful Rogue

 

Thank you for your email, which we received on 28 December 2007.

 

In view of your comments regarding settled account which remain on your report for 6 years, this length of time was decided by the lending community and applies to all accounts which have been settled on your report. I can confirm that once an account has been closed, the original terms and conditions do not become unenforceable, in fact, if you dont agree that the account may be shared and therefore stored for this period of time the lender concerned would not open the account in the first instance. The period of 6 years is the length of time a lender considers the information may remain reasonable relevant.

 

Regarding the association section of your report, the lender who searches your record is entitled to do so as part of any application made by your financial associate. Your financial associate may request that your information is not taken into consideration when they apply for credit, however it is highly unlikely a lender will proceed with any application if this request is made. The reason for this is that lenders consider the information of financial associates to be relevant to any application.

 

Unfortunately, we are unable to amend or remove any information from you report without the prior authorisation of the company concerned. We therefore add the statement of dispute whilst we investigate the entries so that anybody looking at your report in the meantime will know you have disputed the information.

 

As previously stated by my colleague, You may wish to refer to the Information Commissioner for clarification on

the above points.

 

The Information Commissioner's Office regulates the work of credit reference agencies and lenders. If an individual believes that a lender or a credit reference agency has not fulfilled their legal obligations they may request that the Information Commissioner investigates the matter on their behalf.

 

Alternatively, if I may be of any further assistance to you then please do not hesitate to contact me again and I will be happy to assist you further.

 

Kind regards

 

Ive highlighted a couple of parts I found interesting. I agreed that they could share my information, however I neved agreed anywhere that they could share it for 6 years! I dont think ive ever seen terms and conditions that have that clause in it!

 

Regarding the financial association, it will be interesting to find out where the entitlement comes from that is mention. Ive never agreed to my credit file to be searched when the other half has purchased car insurance.

 

All in all, it what I expected, but all the same im very dissapointed. Its the whole "we can do what we like, if you dont like it speak to the Information Commissioners Office" attitude that annoys me frown.gif

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I have very quickly drafted a reply letter. If anyone has anything they can add in realtion to legislation, or even better wording it would be greatly appreciated.

 

I dont like leaving matters like this too long, however being tucked up with a cold and chest infection ive not got the greatest amount of energy at the moment! Everyones help is really appreciated :)

 

 

 

From your reply it appears there is no legislation which permits defaults and credit history to remain on file for six years. Please can you explain how this decision was reached as the Data Protection Act states that information must not be excessive and not kept for longer then is necessary.

 

A County Court Judgement and a Bankruptcy order which are issued by the courts must remain on file for six years. In light of this a default which is not a court order remaining on file for six years would appear to be excessive as it would have the same adverse reactions as a CCJ or Bankruptcy order.

 

“I can confirm that once an account has been closed, the original terms and conditions do not become unenforceable, in fact, if you dont agree that the account may be shared and therefore stored for this period of time the lender concerned would not open the account in the first instance. The period of 6 years is the length of time a lender considers the information may remain reasonable relevant.”

 

Below I have copied the terms and conditions I signed with Capital One back in 2001. By signing this agreement I agreed under contractual law that information relating to the way I handled my account to be divulged to credit reference agencies. As you can see, there is no mention relating to this information being shared for six years once the account has been terminated. My understanding is that once a contract has been terminated, then under contractual law the terms and conditions relating to that account are no longer enforceable. If my understanding of this is incorrect, I would welcome you to supply documentation backing this up.

 

“I authorise Capital One to search the files of any credit reference agencies. They will add to my record details of Capital One’s search and my application and this will be seen by other organisations that make searches.

 

Details of how I conduct my Capital One account may also be disclosed to any credit reference agency. These records and the fraud prevention agency records will be shared with other organisations and used by them and capital One to make decisions for me or members of my household about credit and credit related services, motor, household, credit, life and other insurance, for debt tracing and recovery, to manage my accounts and insurance policies, to prevent fraud and to check my identity to prevent money laundering.

 

Further searches may be made for these purposes. Although these searches will be added to my credit reference agency record, they will not be shared with others. The credit reference agencies and fraud prevention agencies will also use the records for statistical analysis.

 

Credit Scoring. Capital one uses a technique known as credit scoring in deciding whether to open and Account in your name and if so, what credit limit you will be given. Capital One will also use this technique throughout the life of this Agreement to assess your credit limit and the interest rate and other charges to be applies to your account, all of which may be varied.”

 

 

“Regarding the association section of your report, the lender who searches your record is entitled to do so as part of any application made by your financial associate.”

 

Can you confirm where the entitlement for lenders to search the credit file of a financial associate comes from?

On 01/01/2008 I carried out numerous care insurance quotes online. No contract was made and no money exchanged. These were simply quotes to locate the cheapest car insurance. My partner who is linked on my credit file as a financial associate has since located four of these searches on her credit file. Please can you explain how this can be deemed “relevant and not excessive”.

 

In relation to the “Notice of Correction” added to the entries I have mentioned in previous correspondence, I would like to draw your attention to the below comment taken from the website CheckMyFile.com.

 

“There is no Notice of Correction held on your file.

This is good news, as it will ensure that your credit applications are processed with the minimum of delay and will have the best chance of success.

Unfortunately, over the years many consumers have used the right to explain why they fell into arrears, or didn’t pay on time, so as a result most lenders don’t use them for the purpose intended and instead see them as a sign of a prospective bad payer or complainer.

By law lenders are not allowed to process a credit application automatically that contains a Notice of Correction. Each must be manually read and considered. Because of this, adding a Notice of Correction will:

  • increase the time it takes for a lender to consider your application
  • increase the chances of your application being declined, as manual assessment is proven to be less efficient

Most people who add a Notice of Correction then forget to remove it, so even if an issue is removed or corrected from a credit report, or if it expires naturally, the Notice of Correction continues to flag a problem long after it appears on the credit report.

For these reasons, we do not recommend that you add a Notice of Correction to a credit report unless you believe that you are the victim of an identity attack”

 

As such I believe that having a notice of correction on my file leaves me in the same position as not having one. Can you explain why as a Data Controller, when you have been informed regarding information that is incorrect you cannot remove that information until the investigation is complete?

 

 

It is still my view that a notice of correction is not suffice, and that you should stop processing the information brought to your attention until it can be proven that it is correct.

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Also disputing information on my credit file with Equifax.

 

After asking what legislation permits my credit file to be searched when the person I am finicially associated with conducts a credit check they came back with the following reply:

 

Thank you for your recent enquiry.

 

We can advise that if you apply for a credit facility and you choose to ‘Opt In’, this would mean that the Lender will carry out a credit check on you and will take the information of the individuals associated to you into consideration to determine your credit worthiness.

 

The ‘Opt Out’ option means that the Lender will search your details only.

 

Although you may be associated with a person you have the right to be considered as an individual. You may choose to ‘Opt Out’ and the Lender will only use your data to assess you for credit. If you choose to do this, you will be asked to confirm that you do not know about any problems with the other person that would affect the lender’s decision to grant you credit. The Lender will receive an alert if there are problems with the other person’s information and does have the right to decline you for credit. This ensures that as a financial unit you do not over commit yourselves.

 

We hope the above details are of assistance to you.

 

Equifax Customer Services

 

The part in bold is my favourtite part of the reply and sums it up nicely. Im not quite sure what they mean by "Opt In" and "Opt Out" though confused.gif

 

If anyone can make anymore sense of this "Opt In" and "Opt Out" it would be greatly apprecaited!

 

Also equifax have contacted Capital One regarding my default I am disputing. Capital One have come back with the following info:

 

Our executive response department have already responded to this query directly. Any further queries should be addressed through them.

 

Executive Office

ERC Dept

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

Ive just replied back:

 

I have received a letter from Capital One, however this appears to be a standard reply letter and did not answer any of the original questions put to them. I have since sent another letter outlining my concerns in which I have yet to receive a reply back.
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  • 2 weeks later...

good luck with this, I have found them difficult when querying incorrect data, getting nowhere fast for months and had to further complaint to Information Commissioners Office but they have some confusion also as when it comes to t&c and so forth and the CCA 1974

 

take a look at the consumer credit threads:):)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

Hi!

 

Received a letter from Experian in the post today.

 

It states that have contatced capital one and it has been agreed to show the default amount being £226.

It was £480, however this was made up of unlawful charges which the refunded, so I argued the figure showing on my credit file is incorrect.

 

I was under the impression they would have removed it, as the original default notice would have been made out for £480, so you can go and change the amount 5 years later!

 

The second part of the letter that really got me fuming, was regarding another cutomers address the Halifax sent my loan documents to. Now they have this linked to me as a finiancial address!

 

 

I have also telephoned the Halifax regarding the disputed address link. They have been able to confirm to me that their records do state that the link was part of yout address history, however as a gesture of goodwill they have asked that I remove the link from your credit report.
My bold, but the sheer cheek of it. That left me fuming! I have never lived, never been, never known the address or anyone that lives at it. Ive got a good mind to send a letter to the people at the address to advise them Halifax are disclosing their address on my credit file.

 

They also ignored all my comments in relation to "Fair Processing" and the fac I have not received any documents in relation to this, and that I have contacted the Information Commissioners Office and they state unless this information is given to the applicant, the processing is unfair. What Experain told me to do was to contact the Information Commissioners Office!!!

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Subscribing.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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