Hillesdens updating file yet have no info

[chno9]

Hi

 

I have been having problems with Hillesdens updating my credit file on a monthly basis. This is negatively affecting my credit score. As i do not recognise the debt i wrote to them to supply evidence of what this debt was and that they had a legal right to claim this.

 

The original letter was sent to them on the 15/09/07.

 

They replied with a letter stating that they could not find the information that i had requested and that they would update in 21 days. This they did updating with exactly the same letter every 21 days, stating they can't find the info but will update every 21 days.

 

The same letter has now been arriving on my doorstep evry 21 days for the past 11 months.

 

I have had many things to do recently and haven't found time to sort this out, but i now have the time, and want this removed from my credit file asap.

 

Can anyone advise on the best course of action. Or the best letter to send to Hillesdens to make them remove all data that they have been falsely giving to CRA's.

 

 

 

P.s i have kept every single piece of correspondance.

[silverfox1961]

Hi,

If Would be sending them a prove it or bog off letter along with a s10 data protection notice to stop illegally processing your data as you haven't given them permission to do so.

Don't phone them but send the letters recorded delivery and do not hand sign your letters, just print your name.

If you haven't done so yet, get an updated copy of your credit file then get the CRA to put a notice against any bad markers on your file.

 

fox

[chno9]

Thanks.

 

What kind of thing do i need to say in the 'bog off' letter (other than bog off!)?

Where can i find this s10 form, and what exactly is this?

 

I shall have a look myself to see what i can find out, but any help is appreciated.

[chno9]

Also is there a way to force Hillesdens to remove all info that they have given to CRA. I don't see why i should be the one doing this as it is them who have been giving info that is incorrect.

[silverfox1961]

Give me a few minutes

[silverfox1961]

One prove it letter. Just copy and paste it to your word processor then edit it to suit.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

 

 

And one S10 notice

Dear Sir/Madam

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a copy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases and from ALL Credit Reference Agencies will result in a formal complaint to the Information Commissioners’ Office.

 

Yours Faithfully,

 

 

Make sure you edit out anything that doesn't apply and make sure you send them recorded delivery. Keep all receipts and after a couple of days go to the post office website and do a track and trace which will tell you when it was delivered.

 

 

fox

[chno9]

Thats great will send these tomorrow.

 

Thanks

[silverfox1961]

Don't forget. Recorded delivery. You don't want them denying they ever got your letters.

[fiftypence]

How are you getting with this issue chno9?

 

I've had a similar run in with this outfit and am in the middle of a dialogue with them at present. I will update with any progress I make hopefuly for others to benefit.

[chno9]

Update on this issue:

 

I sent a letter to Hillesdens including the s10.

 

Basically due to Hilledens not holding any data that connects me to this alleged debt, they were sending letters every 21 days saying they were still looking for them. This was going on every 21 days for about a year (see above for full details).

 

The latest development is this:

 

On the 24th March Hillesdens sent a letter stating:

 

1. Our client, Barclays Bank Plc, is unable to provide a copy of the documents requested under the Consumer Credit Act 1974.

2. Consequently, I can confirm that all enforcement proceedings on the account have been stopped.

3. Please find enclosed £1 postal order for your request made under the consumer credit act 1974.

 

That i assumed, would be the end of the matter. However they have today sent a letter with an Annual Statement of Account.

 

This states that i still owe this money, and that it is in default. As well as the various means that i am able to pay.

 

The statement period is dated 01/10/08 to 01/09/2009

 

Obviously i am going to reply with the letter they had previously sent stating their previous letter. Can anyone give me an idea on how i can esculate this to ensure these idiots get the message.

 

Thanks

[silverfox1961]

Hi,

I would send them a copy of the letter you received on 24 March.

They obviously have problems with joined up thinking

tell them not to bother your letterbox with their rubbish until they have something to work with

[Pinky69]

Get in touch with the CRAs and ask them to remove the defaults as Hillsden had no authority to put them there. If they do not do so, make a formal complaint to the Information Commissioner that Hillsden have been emtering defaults on your credit reports when they did not have your permission to process your personal data.

[chno9]

Thanks for the comments so far.

 

I am going to send Hillesdens a letter, and refer them back to the letter that they had sent out saying that the account had been stopped. What i want to know is who can i threaten them with so they get the message? Would it be the information commissioner, or someone like the OFT?

[Pinky69]

Both - the ICO for breaches of the DPA 1998 and the OFT for pursuing you for an alleged debt for which there is no evidence.