Thames credit and Equifax illegal credit reporting

[aitchbob]

Hello All not sure if this is the right place but here goes

15 months ago I noticed Table one searches appearing on my credit file with equifax by a company called Thames Credit/aktiv (five searches all together one not even my surname) I have never applied for credit or held any accounts with them and never given them consent to search my credit files, since that date I have been battling unsucessfully with both thames and equifax regarding these illegal searches trying to get them removed, I have now Obtained an I.C.O ruling that these searches were carried out illegaly and thames have been odered by the ICO to remove them yet the still refuse to comply, they are also reporting the same table 1 search on my wifes credit files (presumably to show up with any associate search that is carried out) there are no defaulted accounts reporting on our credit files, just the fact that the table 1 searches for outstanding debt stay on our credit files for the next six years. I had an A1 Credit rating before thames/aktiv have maliciously and deliberately placed these searches on our credit files, I am concerned that this is also happening on a massive scale on equifax credit reports to consumers without their knowledge, I am now contemplating a legal action for defamation against both thames and equifax and wondered if anyone had any views on the legalities of all this

[sosumi]

Hi Aitch

This is definitely the right place, but I've not heard of 'Table 1' searches before.

[sosumi]

Hello All not sure if this is the right place but here goes

15 months ago I noticed Table one searches appearing on my credit file with equifax by a company called Thames Credit/aktiv (five searches all together one not even my surname) I have never applied for credit or held any accounts with them and never given them consent to search my credit files, since that date I have been battling unsucessfully with both thames and equifax regarding these illegal searches trying to get them removed, I have now Obtained an I.C.O ruling that these searches were carried out illegaly and thames have been odered by the Information Commissioners Office to remove them yet the still refuse to comply, they are also reporting the same table 1 search on my wifes credit files (presumably to show up with any associate search that is carried out) there are no defaulted accounts reporting on our credit files, just the fact that the table 1 searches for outstanding debt stay on our credit files for the next six years. I had an A1 Credit rating before thames/aktiv have maliciously and deliberately placed these searches on our credit files, I am concerned that this is also happening on a massive scale on equifax credit reports to consumers without their knowledge, I am now contemplating a legal action for defamation against both thames and equifax and wondered if anyone had any views on the legalities of all this

I've not heard 'Table 1' searches before. I'll bump this up, hopefully someone else might know.

[aitchbob]

Thanks sosumi ;)

[aitchbob]

bump

[spark1]

What are the words being displayed, you believe are detrimental, and are the searches on display when your file is searched?

 

The reason I ask is, Ive had one removed by equifax, but two are still there, and by all accounts are not on display to companies searching the file, but stay on record for six years. They dont state debt searches, but six years is a give away.

 

 

'Bring about court action: Usually within one year of the date of publication of the material containing the defamatory allegations complained.

 

When an individual or company brings a libel action, they must show:

1. that the words are defamatory of them;
   
2. that the words would be understood to refer to them by even one other person; and
   
3. that the words have been published to a third party.
   

A libel claimant does not have to prove that the words are false or to prove that he has in fact suffered any loss. Damage is presumed.

 

Any communication to anyone other than the person actually defamed is, in law, capable of constituting publication'

[aitchbob]

Hello spark1

The fact that these illegal searches show to credit grantors is the detrimental factor any information of this nature is likely to have a very negative effect on any credit application , Equifax seem to be using the search data, when a collection agency does an outstanding debt search. Equifax seem to be using and sharing this information to assess a persons creditworthyness, If a debt that is deemed statutebarred is passed to a collection agency and they conduct the outstanding debt search, Equifax place this in table 1 and share the information with credit grantors, in this way Equifax and the collection agency can and are in fact reporting alledged debts that can be well over six years old, and statutebarred

I was of the understanding that statutebarred debts cannot in any way be reported or have a detrimental effect on your credit file .

 

It is up to the collection agency (I think )to prove you actually owe an alleged debt they are try to collect on. By reporting in this way to have a negative effect on a persons credit file for a statutebarred debt all they have to do is a trace search and the alleged debt is reported on your credit file by equifax for six years from the date they conducted the search and not any original default date

This must be illegal activity and it must breach the data protection act in some way, but they seem to be getting away with it I am sure on a massive scale

 

Dont believe Equifax if they tell you that the searches are not visible to credit grantors they are well aware they are and try to pull the wool over your eyes

 

How did you get them to remove the search?

[spark1]

hi Bob

 

Dont believe Equifax if they tell you that the searches are not visible to credit grantors they are well aware they are and try to pull the wool over your eyes. How can this be proved? thats the biggest problem.

 

 

How did you get them to remove the search? Disputed the three searches as being 'unlawful'. One company agreed to remove their search, but the other company decided not to remove their two searches.

 

So I had a choice to write to the company and request they remove the 'unauthorised searches' or file a complaint with the Information Commissioners Office, in that equifax are breaching the:

 

Fifth Principle

“Personal data processed for any purpose or purposes shall not be kept for

longer than is necessary for that purpose or those purposes”.

 

The Information Commissioners Office are of the opinion that a year for searches is adequate.

[aitchbob]

In my Case I already have an ICO ruling that the dca has broken the data protection act by carrying out these searches in the first instance , they are maliciously placing this illegal information on a persons credit file in an attempt to stop them obtaining credit

 

How long will a Search stay on my file?

Searches are a matter of fact and are not routinely removed from your Equifax Credit Report. Under the Data Protection Act, credit reference agency must retain a record of companies who have accessed the credit report. Equifax's guideline is to retain most searches for one year. However, Debt Collection searches will remain on your credit file for 6 years from the record date.

What is an Outstanding Debt search?

 

Under the Data Protection Act, a credit reference agency must retain a record of any organisations who have viewed your credit file.

An Outstanding Debt search indicates that an organisation has undertaken a search in an attempt to reconnect with a customer who has gone away leaving an unpaid debt.

Depending on the degree of confidence that the search relates to the customer being traced, it will be displayed in either the Credit Searches or Other Searches section of your credit file.

An Outstanding Debt search appearing in the Credit Searches section of your credit file will be visible to any lenders who subsequently view your credit file, and will generally be considered negatively. However, an Outstanding Debt search appearing in the Other Searches section of your credit file will only be visible to yourself, and will not be visible to any lenders who subsequently access your credit file.

Outstanding Debt searches will remain on your credit file for 6 years from their recorded date.

 

The above is what the equifax website says

It seems Without proof that you actually owe a debt, dca's are able with the help of equifax to place adverse information on your credit file for six years from the date a search is conducted. The searches in table 1 are where credit applications are placed any lenders or credit grantors will see the information in table 1, searches that are placed in table 2 are only visible to yourself

 

I am of the opinion that this is happening on a huge scale without the knowledge of consumers and I am sure it breaks the data protection act in some way

[spark1]

deleted

Edited April 5, 2009 by spark1