Coasters v Mackenzie Hall

[NORNIRONGIRL08]

According to Equifax 6 long years

[Coasters]

Just checked as I thought that was a long time and I get this from Equifax

 

Searches remain on your Credit File for 1 year from the record date.

 

are you talking about defaults? If not, and you are right, then I have been defaulted by stealth

[NORNIRONGIRL08]

Coasters Thats just unclassified searches any searches under Credit Searches stay there for 6 years

[InformedSearcher]

WooHoo!!!!

I made a specific comment regarding MH to Experian. There was (at last) a reply as I said I'd have no hesitation to go to County Court over this. I fully intented to go through with this!

 

My view is that by making these 'searches' they are attempting to circumvent the '6 year rule' over 'fallen off the edge' data. A DCA could effectively anually enter this type of search reason infinitum with impunity thus affecting your file when viewed. Personally I was so incensed they did this (like around 5 searches) with them all marked 'Outstanding Debt'. It does not matter to a potential creditor of the identity of the search instigator but the reason for the search certainly is.

 

So I've gotten a reply that they are waiting for a decision from 'CSA' (whoever they are!) and that the search entries will be removed!

 

At last some half decent responce!

Michael

[Coasters]

Thanks for that info and I wish you the best of luck - please keep us informed of your progress!

 

I myself am awaiting Equifax to contact MH about the searches under my name. MH STILL have not written to me giving any details about the alleged debt only a phishing letter.

 

I have also made sure Equifax are aware how angry I am about these searches but I didnt get as far as you.

 

Care to provide any names at Equifax if my 28 day rulling goes against me and you win?

 

Thanks again for the post

[NORNIRONGIRL08]

This was response I got from Information Commissioners Office

1st July 2008

 

Case Reference Number RFA0201865

 

Dear NI Gril

 

Thank you for your correspondence dated 15/05/08, regarding organisations performing unauthorised credit searches on you.

 

Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

 

In most cases, an organisation would need to inform individuals before performing a credit search. This is to comply with the first principle of the Data Protection Act 1998. If you feel that this has not taken place, you should first raise this matter in writing, or by e-mail, with the organisations that performed these searches. Make sure you keep copies of your correspondence.

 

If you are not satisfied with their response, or do not receive any response, please contact us again.

 

Please quote the above case reference number in all future correspondence about this matter. Failure to do so may delay the processing of your complaint.

 

If you would like any further clarification please contact our Helpline on 08456 30 60 60 or 01625 545745 if you would prefer to call a national rate number.

 

Yours sincerely,

 

James Cooper

Case Reception Unit

The Information Commissioner's Office

[InformedSearcher]

Okay, being the nice person I am I herewith paste (having copied) below the Equifax data replies:

 

I start with what I tapped out:

'This data should not be visible. Anything it refers to is over 6 years old! The definition of the comment ('Outstanding Debt')associated with this company is wrongly defined/placed and gives a detremental notice to my credit file. If this information is not removed I am happy to go to County Court to force it to be! Shame on a company supposed to be professional in its approach. There are a total of 5 (4 of which are Mackenzie Hall and 1 being Buchannon Clark) entries so I've marked them as all '2007' above. These people have no right to post data to the detrement of the person they are seaching about when the data they required was 'not' hidden. After 6 years anything pertaining to 'outstanding debt' over that period must not be displayed.

Michael'

 

Initial Reply (this will be from MH etc and yes, I know they tapped it fast!):

'we are at present awaiting leagle advise from the CSA regarding these very issues, until then we are happy to authorise the deletion of the serches carrie dout by BCW group'

 

Final Reply (this will be from Equifax):

'Search Information - BCW GROUP PLC T/A BUCHANAN CLARK & WELLS

 

The Client has agreed to have the above account amended and we have sent this information to the appropriate department to be updated.

 

Please note that the Notice of Dispute previously loaded to your Credit Report has been removed.'

(it goes on with the usual added blurb)

 

Hope this is of help??!!

Michael

[Coasters]

So they have removed the search?

[InformedSearcher]

I'll know when they chisel out the next monthly fee from me!! What you've read above is copied and pasted from the 'my stuff' Exquifax set up for excactly this sort of thing.

Michael

[Coasters]

Lordy lord so I could not resist the urge and I phoned them up* (blocking number and using old SIM card)

 

The debt is from 1999 and was an old HSBC account which of course is Stat Barred. What makes me angry is that today MCHALL refused to take the searches off claiming them to be lawful. This is the reason I phoned them up as I still did not know what the debt was about at that point.

 

So, now I have details what would the good people here suggest I do and is there any way I can get these searches removed after MCHALL have said they wont?

 

For your info, these are the lies they told me on the phone.

 

1) They did not go through data protection properly

2) If you move (even within the UK) apparently without telling the creditor the debt is not stat barred. (The debt was already stat barred before I moved so that negates that lie anyway). They then went on to offer me a 50% reduction on the spot. (alleged debt was for £200) - I did not bite.

 

 

 

*Do NOT ring DCA's up unless you can handle the abuse they will throw at you, seriously what I did is NOT recomended.

[NORNIRONGIRL08]

Coasters

 

E mail [email protected] and tell him unless they are removed you will contact the Information Commissioners Office and Mr Stewart at East Ayrshire Trading Standards

Edited August 14, 2008 by NORNIRONGIRL08
spelling again

[Coasters]

Thanks for that I will give it a whirl!

 

On a side note, I do not know if I have been defaulted for this HSBC account before. How can I check? And once SBarred, can I be defaulted by McHall if I do not pay up and/if the original default was not placed?

 

I only started checking my report late 2006 so I have no idea if it was on Equifax/Experian previously (ie dropped off)

[NORNIRONGIRL08]

Coasters

 

I think if you had been defaulted it would show up on your CRF if you check. From what I can gather I do not think so as the 6 years are pass though someone may be able to confirm this for you.

 

Good luck:)

[InformedSearcher]

Okay ....

The original reply that sounded garbled I quoted earlier (a 2 liner) is from Equifax and not MH & co. It is they (Equifax) who are waiting for verification from the CSA which I now find is actually 'Credit Services Association (CSA)'. Anyhow I called yesterday (Thursday) and they confirmed the MH/BC searches had been deleted.

In the same timeframe I spotted MH (BCW group) had also replied saying they would stay as they were 'lawful' - yeah right. I retorted by saying I'd have no hestitation in taking this to County Court as it was a pure and simple 'device' to circumvent the '6 year rule'. Anyhow the end result is that the entries are now deleted.

I'd suggest doing an on line credit file chaeck. I know it's more expensive but it saves all the time of waiting for the post. This was you can call up and/or enter details in a specific area and it's dealt with in a swift and timely manner but they'll state within 28 days. In my case nearer 8 days and sorted! I must say that Equifax were very helpful so for a great change a compliment to them. Now just to sort out NatWest and their default notice and CitiFinancial (never deal with 'em!) for what I consider false entries. At this rate I'll be in that 900+ score bracket after enough years.

Michael

[Coasters]

Hello!

 

I got exactly the same as you except the 'we will delete them' from equifax.

 

So according to the OFT, it is UNFAIR to collect a debt yet Equifax will give them the tools to do so.

 

I must also point out that its not MH that do the actual search, it's their partners in crime.

 

The footprint relates to a batch process service as provided by Equifax. We supplied Equifax with a name and last known address details and they provided a financial link, linking all addresses together.

 

The search is valid/lawful. We therefore recommend that the customer contact our call centre in Kilmarnock quoting all reference numbers available.

 

The search is lawful.

 

MH quoting law, ROFL!

Edited August 15, 2008 by Coasters

[InformedSearcher]

Yes, I got that too. The whole thing revolves, not by who is doing the searches but the reason why. The thing is that a potential lender would see 'Outstanding Debt' and whilst not the name of the 'searcher', most certainly their type of business, as in DCA! It is Equifax who are deleting entries and state they are seeking CSA confirmation to the legality. It's the BCW's group who are given (as everyone is in that sector) as to the other parts.

If we look at it slightly differently my view is say you have an account with 'X company' and it's your account to do what you want with. You have 'tools' to help you do additional things however there are limits. The company offering you the facilities want it to work within their framework and there are times when you are told 'Sorry, you cannot do this'.

In the end with Equifax and BH & co it's probably a matter of the customer 'streaching' things just as these people do when they call you. They probably feel unhappy they did not 'extract' funds from you and think, 'okay, we'll show them what we can do', kind of thing. They have it seems this time to have met their match and their entries are forcebly removed.

I would simply 'never' call them, the accounts are out of date and I'm not going to remotely enter into a probable ill-considered/one sided 'discussion' with them.

One note is that they can simply redo what had been deleted. Equifax will charge them every time. If they choose that 'unwise' path I would wander the 7 minutes to the local County Court and have it out once and for all rather than do this never ending circle of potential events.

Michael

p.s. Coasters feel free to PM me

[Coasters]

Got a letter confirming what I already knew, the debt is SB. (And I was defaulted on my credit report in 1999).

 

Since I already told RED about this (the **** who had the debt before). Had they a right to sell this on and another 'third party' search my credit report using a 'debt search'? If asking for the money after you have told them you are not going to pay is 'unfair'. How come they are allowed to access your report to get information to write and ask for the money?

 

Equifax have said they will NOT remove the search. Their chums at MH say the search is lawful.

 

This search will stay on my report for a further six years now apparently, I have already served a six year default for it.

[babybear39]

Report them all to TS, OFT, your MP and the Information Commisioners Office.

[InformedSearcher]

Any search entries found after statute barred by MH should be complained about to the ICO. They think they have simply found a loophole they can use. I would add tha if it's before the 6 years is up IMHO once the time has come the search must be removed or the search reason changed to say the least. Personally I'd like the ICO to tell MH once and for all that they cannot do this rather than we all have the procedure of having to complain.

Michael

[InformedSearcher]

Update: It's literally taken from March till now (mid November) to have received a reply from the ICO. This regards a complaint of 'Outstanding Debt' searches to circumvent the 'statute barred' rule on CRA files and against the understanding of the DPA.

Both Equifax and a DCA have responsibility for correct data. I believe MH are treading possibly 'over the line' a little too often. Now I have 'Clarity' (DCA) who have done the exact same thing as MH - my fight begins again. It would seem that normally a search within time can remain on your CRA file for 2 years.

 

Michael

 

p.s. 'Caosters' - I did my initial dispute using their on-line services so never got any names.

Edited November 21, 2009 by InformedSearcher