Davey vs Amex

[davey77]

tehe, yes a machine gun would be helpful CB!

 

Yeah i see where you are coming from BRW. To be honest though i am probably going to let it slide as i have other battles to deal with at the mo. The Valid Default notices would only get lonely without a new friend anyways.

 

A response now from Equifax along the same lines:

 

"Dear Davey

 

Thank you for your recent enquiry.

 

Upon investigation of our records, we regret to inform you that we are unable to record your Notice of Correction/Add a Note in the exact format of which it has been received. Equifax are unable to load a Notice of Correction/Add a Note if we think it may be defamatory, or for any other reason unsuitable. Should you require that an amended paragraph be loaded to your records, please re-submit the Notice of Correction."

 

I also know the ICO are totally on the side of the creditor when it comes to Credit File info and an agreement (or lack of):

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198936-no-agreement-can-i.html

 

So my plan is to take on the creditor directly and destroy them thereby getting the Credit File tidied up (along the lines of CAP1).

[citizenB]

[banker_rhymes_with]

Hello Davey77!

 

Fully understand.

 

As CB has pointed out, the CRAs are quite happy to allow the banks and DCAs to post defamatory information, and clearly exercise zero moderation when it comes to their friends.

 

So, these matching responses from the CRAs confirm they are all acting in unison, and are doing so in a way that is clearly one-sided.

 

That may come in handy when someone else hits the CRAs with a defamation action.

 

After all, if they can moderate your entries, then they can clearly moderate any entries, but refuse to do so if the person/group making the entries is not a Consumer.

 

Looks like bias to me. One rule for their paymasters, and another for the Consumer. But, of key importance is they are aware of defamation issues, and can be seen to be taking steps in one direction, but not in another.

 

That may yet come back to bite them in the butt.

 

Cheers,

BRW

[davey77]

Yep I'm with you there BRW. Lets hope someone will take these CRAs on big time. We need a win in the Courts! Case in point. Email reply from Equifax. After saying as the above and giving them the amended info including the 'i believe' sentence the annoying beyond belief template response from them is:

 

"Dear Davey

 

Thank you for your recent enquiry.

 

Upon investigation of our records, we regret to inform you that we are unable to record your Notice of Correction/Add a Note in the exact format of which it has been received. Equifax are unable to load a Notice of Correction/Add a Note if we think it may be defamatory, or for any other reason unsuitable. Should you require that an amended paragraph be loaded to your records, please re-submit the Notice of Correction.

 

https://equifaxuk.custhelp.com

 

In order to deal with your Add a Note / Notice of Correction more efficiently, choose the correct Product, Category and Sub Category. Choosing "Add a Note" will ensure your submitted text is reviewed and added to your file.

 

We await your resubmission of your Notice of Correction/Add a Note before taking further action with your enquiry.

 

Credit Agreements

 

We acknowledge your comments (what comments?!) concerning the details recorded on your Credit Report. This information can only be amended by either the lender directly, or by Equifax upon receipt of written instructions from the lender. If you believe any of the entries are factually incorrect we have a Disputes Team who can investigate this further for you.

 

If you would like us to investigate any entries on your behalf, please update this incident below or write to us at the above address. If you wish to dispute more than one entry please raise each item in a separate incident.

 

(i know. I already jumped through this hoops a year ago. You wrote to the creditors and they told you they had every right to pass info as they had supplied valid agreements. You took their word for it and told me to bog off.)

 

The information you supply should include:

 

• Details of the entry being disputed

 the account name,

 account start date,

 current status of the account,

 current balance of the account,

 address that the account is located

• The reason why you are disputing the entry

• Any supporting documentation

 

Upon receipt of your updated incident we will contact the supplier concerned to verify the accuracy of the details we hold and we will add a notice to your Credit Report to show the entry is "in dispute".

 

Please be assured that we will proceed with our investigation as quickly as possible. We will ask the supplier of this information to respond to us within 21 days after which we will contact you with the outcome.

 

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

 

We hope the above details are of assistance to you.

 

Equifax Customer Services"

 

------

 

My reply:

 

"Your template responses are starting to annoy me and i haven't got time to waste replying to them.

 

The amended sentence containing the wording "OWING TO WHAT I BELIEVE TO BE A COMPLETE FAILURE etc" has been accepted in full by Experian and is acceptable in the view of the ICO. This phrasing will relieve your company of any liability and is a valid Notice of Correction statement.

 

I have already given you the accounts this statement of belief should be attached to and fail to see the point of giving you further information when what i have supplied is adequate.

 

I have made no 'comments' regarding your company's abilities and/or duties to process information correctly and i have no requirement for your quaintly entitled "disputes team" to contact any lender on my behalf as i have already jumped through those pointless hoops to no-mans-lands to no avail and as companies such as yours merely take the word of the lender as to valid or invalid agreements i have no such need to waste my time with such meanderings.

 

If you continue to refuse to place the exact wording (as amended for the purposes of avoidance in the area of defamation) i shall make a complaint to the ICO as they have already confirmed the sentence i wish to be added is acceptable.

 

your sincerely, me"

[davey77]

And come to think of it. Call Credit never responded to the same request so a complaint going off to them tomorrow.. grrrrrrrrrr lol

[davey77]

"Dear Davey

 

Thank you for your recent enquiry.

 

We are in receipt of the Notice of Correction/Add a Note you have provided and confirm your Credit Report has been updated. A Notice of Correction/Add a Note cannot be appended to the exact data it relates to, however, it will appear to the Lender prior to any other data on your credit report. The Notice of Correction/Add a Note will be available for you to view when you purchase your next Credit Report on-line..

 

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

 

We hope the above details are of assistance to you.

 

Equifax Customer Services"

[the_shadow]

"Dear Davey

 

Thank you for your recent enquiry.

 

We are in receipt of the Notice of Correction/Add a Note you have provided and confirm your Credit Report has been updated. A Notice of Correction/Add a Note cannot be appended to the exact data it relates to, however, it will appear to the Lender prior to any other data on your credit report. The Notice of Correction/Add a Note will be available for you to view when you purchase your next Credit Report on-line..

 

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

 

We hope the above details are of assistance to you.

 

Equifax Customer Services"

 

haha 10/10 for persistence.

 

S.

[Desperate Daniella]

Still no reply to the securitisation question then?

 

I haven't had a reply either!

 

DD

[the_shadow]

Still no reply to the securitisation question then?

 

I haven't had a reply either!

 

DD

 

I wonder whether its worth doing a subject access request again to see whether theres anything on record about that question... trouble is I can use that £10 elsewhere at the moment

 

S.

[citizenB]

Still no reply to the securitisation question then?

 

I haven't had a reply either!

 

DD

 

I wonder whether its worth doing a subject access request again to see whether theres anything on record about that question... trouble is I can use that £10 elsewhere at the moment

 

S.

 

 

According to a letter received by Elgrand from MBNA, the question regarding securitisation is outside the scope of the Data Controller and as such is not Personal data.... Paragraph 5 in the letter linked below.

http://www.consumeractiongroup.co.uk/forum/show-post/post-2182852.html

 

HTH

[banker_rhymes_with]

Hello Folks!

 

Still no reply to the securitisation question then?

I think a simple tactic may be productive.

 

They are a Company, they must own the Debt to take you to Court.

 

So, where, exactly, do these Amex Credit Card Debts appear on the Balance Sheet.

 

Then watch Amex squirm trying to duck/explain/evade the question.

 

Hint: American Express Services Europe Limited are not a bank.

 

Cheers,

BRW

Edited May 21, 2009 by banker_rhymes_with
Still can't type!

[davey77]

Haven't done the planned SAR as i haven't had the cash but will do that in the next few days. Interesting response from MBNA on the securitisation aspect although has anyone had any feedback on that issue directly from the ICO themselves as Elgrands reply is only from MBNA and as we all know they bend the truth or lie outright.

 

As BRW says, even if that is true that the ICO will not get the securitisation info out of a creditor, if it is something that the lenders are concerned about sharing then adding such requests through a CPR, N1 and/or Replies to Defence in the build up to a Court case could prove a valuable addition to the argument and get the creditor on the back foot with offers to settle out of Court at any cost.. maybe.

 

I think an email to the ICO is in order (if nobody has done so already) to see how they view the request for information on securitisation as per a DPA request although that will have to be worded well.

[smouk]

Hint: American Express Services Europe Limited are not a bank.

The US parent group converted it's status to retail bank in late 2008 to get a share of the rescue funds.

[banker_rhymes_with]

Hello Smouk!

 

The US parent group converted it's status to retail bank in late 2008 to get a share of the rescue funds.

 

Yes, many thanks. I should've mentioned that a certain Company were in such poo that they had to break with their traditions, change status, in order that they could then hand their begging bowl to the US Government!

 

But the key issue here is that American Express Company USA were not a bank when Davey77's Card was first issued. Likewise, their little (by comparison) service Company in the United Kingdom is not a bank either, and never was. It's just a branch in all but name.

 

Cheers,

BRW

[Desperate Daniella]

I got an acknowledgment today. No answers, just an acknowledgment. I will get a response "as soon as possible". I will be waiting in eager anticipation for the post every day.

[Desperate Daniella]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

[the_shadow]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

 

Yes please, tolouse thedebt was interest also wasnt he?

 

S.

[citizenB]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

 

 

Yes please

[Elgrand]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

I would very much like to know, thanks DD.

 

Elg.

[alangee]

Hi Daniella

 

Can you let me know too.

 

Thanks

 

Alan

[davey77]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

 

Yes yes would be interested in seeing that (although no surprise they are avoiding matters)

[smouk]

Davey,

 

Got an interesting reply re securitisation although they don't actually say the word. Totally avoiding the question and a cop out. Will pm you, Elgrand, Alphageek and anyone else interested. Let me know. Going to bed now.

 

Night, night,

DD

Tell me more DD!.....pretty pretty please!

[Desperate Daniella]

Hi all,

 

I have just finished work - honestly!! - which is why I haven't posted today. I'll do it in the morning.

 

I'll also explain in the pm why it's a pm.

 

DD

[citizenB]

Hi all,

 

I have just finished work - honestly!! - which is why I haven't posted today. I'll do it in the morning.

 

I'll also explain in the pm why it's a pm.

 

DD

 

oooh, this is becoming very intriquing:D

[Desperate Daniella]

Sorry, everyone, for not sending the pms. I was waiting on an answer on how to proceed. Guess what? The securitisation issue with Amex is now being discussed on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202474-well-amex-declines-answer.html It's much better that the issue is now in the open forum.

 

Thank Heavens for that (and CB too. )

 

DD

Edited June 2, 2009 by citizenB
link corrupted