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2 defaults, 1 debt for account in dispute.


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Hi Guys,

 

A quick question.

 

I had an account go into default and my credit file got updated.

It was passed to a DCA who then starting taking the mickey so I CCA'd them (in April 2007) and subsequently they failed to comply and I've heard nothing more from them.

 

Today I had an alert from Equifax saying I had a new credit agreement on my file... the original default is now showing as "satisfied" and the DCA has setup a new account and marked it as defaulted.

 

I thought I read that there can only be 1 reference to a debt, ie the creditor and the DCA can't both show it as defaulted, but does that apply with accounts now marked as Satisfied? I'm guessing this maybe a slightly different kettle of fish.

 

Also, are they allowed to put this on my credit file whilst the account is very clearly in dispute and has been for over a year??

 

Any comments would be helpful.

 

 

Pete

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I think that if a default is satisfied then yes, another can be added to your file BUT this should not be done when they do not possess a CCA.

 

Did they send a default notice?

 

If no-one else post i will look for some useful links to put up for you over the next couple of days. Too tired now!

 

:)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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By "they" do you mean the DCA? In which case no.

I'll probably write to them to remind them of their unfulfilled obligations in regards to the CCA request for April 2007 and see what they do.

 

If you could dig out so links for me that would be helpful.

 

 

Thanks

 

 

Pete

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If a creditor sells an account they mark your credit file as satisfied for that account, the new owner of the account then Defaults you on the account, as an account can only have 1 Default against it.

 

It's interesting if the original company failed to comply with your CCA request then the new company won't be able to comply either and won't be able to show any consent for the processing of your personal data on your credit file!

 

You can of course complain about this with the CRA pursuant to their complaints procedure and the Consumer Credit Act. These details will be available on their website.

 

 

Equifax Complaints Procedure trnsp.gif Details What is Our Complaints Procedure?

trnsp.gif Answer Our Complaints Procedure

Equifax works hard to make sure we give you the best possible service. However, sometimes, we don’t get things right first time. If you’re not happy with our service please tell us so we can try to come to a solution with you.

We want you to find it easy to let us know of your concerns and be satisfied with how we treat your complaint.

This leaflet explains how to complain and sets out how we will treat your complaint.

Queries about the content of your credit file

These queries are not classed as complaints; we are governed by the Data Protection Act 1998 as to how we respond to queries concerning your credit file. This process was provided to you when you purchased your credit file, you can find it on our website or on the back of the covering letter enclosed with a postal file.

If you have a query over the data on your credit file then you can tell us about this in the following ways, by:

Asking a Question through our Secure On-line System.

or

Sending us a letter to:

Equifax Plc,PO Box 1140,Bradford,BD1 5US

Back To Top

How and where to complain

To let us know of any concerns you may have about Equifax

Send us a letter – address your letter to the Customer Relations Team at Equifax Plc, PO Box 1140, Bradford, BD1 5US

It will help us get back to you faster if you can provide your reference number from your credit file.

Back To Top

What happens next?

We aim to solve your concern within 5 working days, however there maybe times where more investigation is required and if this is the case, we will let you know within that 5 working day period the following: ,

 

  • Why we have not yet resolved your concern;
  • Who is dealing with your concern; and
  • When we will contact you again

In most cases, complaints are dealt with within two weeks. We will contact you regularly until your complaint has been resolved.

 

Hope that helps! :)

Edited by diskmandave
typo!
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