Toucan still reporting to my credit file?

[dbairduk]

Hello,

I had Toucan broadband. I missed the odd payment with them but stopped using them over a year ago. I settled all debts etc. Toucan still seems to be reporting to experian and looks like i still have an account with them. Its showing the missed payments too.

Is there anyway I can get toucan to remove their entry from my credit file? And any other settled accounts that show late payments that have been closed for a couple of years?

 

Kind Regards

 

D

[Penfold92]

mmm...well to answer your question yes and no...

 

OK No because they (creditors) all claim that "the standard industry practice..." is to hold on to your info and report to the credit reference agencies for upto six years after the end of the relationship....

 

No - because that is genrally cr@p and they do not have any LEGAL right to do so...I suggest you read up on here and you will see the answers are there for you to follow...

 

For a start read this by Car:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

All the best and good luck,

 

Penfold

[dbairduk]

This is not a default just a payment history registered on my account. I was not aware that broadband accounts would show up on my credit file? I don't recall signing a credit agreement

[Penfold92]

They all do it nowadays, BT, NTl and the lot.

 

You could SAR them if you really want to, but there will be a clause allowing it I'm afraid,

 

Penfold

[dbairduk]

Since my account has been closed since may 2007 is it not against the Data Protection Act 1998 to update my file? Can I send a data subject

notice as the account has been closed for nearly a year but they are still showing it as £0 balanace and open?

As toucan are showing the account as open and updating my credit file then is this data inacurate?

[Penfold92]

Yup it is, they will reply (usually) saying that they can process your info for upto six years and if you question it they will say "standard industry practise"...

 

Have you read they Surelybonds thread? Read and follow and if you have the money and nerves take them to court for breaches of DPA...I am about to do it for several creditors...But then again mine have left me with bad credit so I have the damaging issue....difficult for you to say that if it says £0 balance and no missed payments etc...

 

Penfold

[car2403]

If the payment history is accurate, you'll find it hard to convince them - and certainly a Judge - that it should be removed, IMHO.

 

If it's inaccurate, that's another matter...

[dbairduk]

well it should have been marked as settled May 2007. So in my eyes its inaccurate. And since the account was closed then I don't see why it should still show as open and them continue to update my credit file. If the account was marked as settled that they had not continued to update my credit file then that would be correct. As it stands it showing as open and there for will remain on my credit file for longer.

So I was going to send them a letter along these lines :

I have held home phone and broadband accounts with you over that ended in May 2007.

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has been updating an account in my name. The account still appears to be open although it has a balance of £0.

As the account was closed with toucan in May 2007 the information you are sharing with the credit reference agencies is incorrect you are in breach of the Data Protection Act 1998. Please take note of the following principles of the Data Protection Act 1998.

 

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

4) Personal data shall be accurate and, where necessary, kept up to date.

5) Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6) Personal data shall be processed in accordance with the rights of data subjects under this Act.

This data has caused question with other communications providers about the status of open accounts at my current address, and in turn has caused me distress when an application has been questioned over this incorrect data.

My written permission allowing Toucan to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation.

Therefore I am contesting that the Toucan continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

I look forward to hearing back with a response and suitable action to resolve this issue.

 

I know it may seem trivial, but with todays credit situation I would like to get my file as clean as possible and remove any information I can that would lower my score