Enter a Default against a Bank

[Spiceskull]

I'm not an expert in any sense of the word, but I don't let go once I have my teeth into something. I will see what else I can find out, and then I suggest you let the moderators here 'advise' you on further steps...

[seylectric]

Many thanks, much appreciated. No great rush, I haven't had the time to deal with it lately anyway (too busy fighting everybody else)

[simonjohn]

Equifax themselves will never make any decisions about your credit worthiness, and they don't/won't do anything at all with your credit file unless they are instructed to by the Data Controllers, which are the banks.

 

I understand your point, but by publishing the information they are effectively "making a decision" about your credit worthiness, especialy when in the event of a dispute regarding the information they make available, they themselves decide that the information remains on file if the company/bank concerned says it is correct, i.e. you can say it is wrong but the agency will always "side" with the company. They have explitly refused to publish a comment from myself stating that the entry was incorrect and that I did not default on the account, and the total said to be owed to the company is incorrect. It is therefore ultimately Equifax (in this case) that are deciding what my credit rating is by agreeing to publish the information against me but not allowing my defence to be published.

 

If anyone is in doubt about the C.R.As claims to be only Data processers

check out this link.

 

http://www.candidateverifier.com/

 

Now I can understand How adverse info on your credit file can lead to a job rejection for certain profesions, such as accountants etc, but not for jobs which do not involve the management of money.

 

In effect Experian are guiding employers who use such a service to reject candidates on the basis of their credit files. ???

 

Also Experian claims that they have no input as to whether you are extended credit or not

 

However check this section of experian

 

http://www.experian.co.uk/business/products/8.html

 

I think its time The C.R.As stop soft soaping consumer customers and make it clear what services they actually provide

[seylectric]

I do like that last link, that could be VERY useful!

[Spiceskull]

A bit lax of Experian - they mentioned the 8 Data Protection Principles on the site, which jogged my memory. I am now going to spend a couple of days digesting those principles, and seeing where, if any, the arguments put forth don't hold water.

 

It must be understood that I am not a legal expert, but if I can see an inconsistency I will raise it, and let others on the board argue the validity of the inconsistency...

[MrMatteh]

Ok, really interesting thread for me at the moment...

 

How does it work for Mobile Phone companies like Orange then? - They've placed an inaccurate default on my account.

 

Ive been told that this is just an entry showing the I defaulted on the account, not that they have issued a notice of default (which apparently they dont have to do as apparently they are not covered under the CCA).

 

The date the default has been registered on - my account with Orange was on Zero as per a mutually agreed contract exit and payment plan. The default was in fact registered more than a month after the account balance was zero'd with more money than I actually owed them (goodwill on my part, which they then invoiced to me as an 'admin charge' to Zero the account completely)

 

Coming back to the original point, my beef is that Experian and Equifax have both in the past just taken Oranges word as Gospel even though that the information Orange have placed on my file is *extremely* misleading and in bad faith.

 

Admittedly, Experian have since (as I have now signed up to Credit Expert) been a little more helpful by placing a notice of correction on my behalf and informing past credit searches of this and are re-querying the issue with Orange after I gave them a bit more background on my issue.

 

I still question whether suppliers who arent regulated under the CCA should be allowed to place information from non-CCA regulated agreements on CRA files as its not a financial agreement and a contract which essentially in my case was breached on Orange's part as well as mine it seems unfair that they can place adverse information that affects my credit worthiness even though we were in a contractual dispute which was related to the sum owed.

 

Further to the above point, could possibly the clause in Oranges contract which allows them to inform CRAs of your account history be deemed under standard contractual law as unfair as you can't yourself do anything similar to inform anyone about Oranges ability to uphold their side of the contract in a similar way? (though I guess I could go to Ofcom but would they be able to force them to change the CRA data?)

 

Any thoughts?

[Antigravity]

This topic was closed on 03/06/19.

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