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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Mackenzie Hall searching me


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Having checked my credit file, I can see that Mackenzie Hall have made 12 credit searches of me over 18 months - without my permission, of course - how the heck can they do that and can I get them removed?

Eyes opened and back in control of my life thanks to this site x

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I am just giving your thread a little nudge.

 

Mackenzie Hall are already in hot water with the OFT,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195459-oft-imposes-requirements-mackenzie.html

 

I guess you could make a complaint to Trading Standards

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You should write to these [EDIT] people and ask them why they are seraching. If they wont answer the question - or more than likely not reply at all - report them to the Info Commissioner and their local Trading Standards. East Ayrshire Council know all about their star employers! Copy the OFT into any complaint about the Kilmarnock Kowboys.

Edited by Rooster-UK
Libellous comment removed.
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I have noticed that Muck hall has searched mine too although I have no dealings with them at all. I have never been contacted by them and they have placed a 'trace' on my report. I have lived at my present address for many years so there is no need for a trace either.

 

I have emailed them and got no response so I emailed once more and again no response.

 

I would like to make a complaint to the OFT and ICO. Anyone know the links I can do this?

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I have noticed that Muck hall has searched mine too although I have no dealings with them at all. I have never been contacted by them and they have placed a 'trace' on my report. I have lived at my present address for many years so there is no need for a trace either.

 

I have emailed them and got no response so I emailed once more and again no response.

 

I would like to make a complaint to the OFT and ICO. Anyone know the links I can do this?

 

 

Just pop Office of Fair Trading or even OFT into a google search then click on complaints. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Anyone know of a piece of legislation, or more generally what the 'rules' are about undertaking a credit search of someone (to use in my formal complaint)?

Eyes opened and back in control of my life thanks to this site x

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  • 5 weeks later...

Hi there,

 

I have also had Mackenzie Hall searching me, with the search reason listed as 'outstanding debt'.

 

How did you get on with your case so far? I could really do with advice on how to deal with them. Is there a template letter I can send to ask why they are searching without my permission, and are they breaking the law by doing this?

 

Hope somebody can help please....

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Hi there,

 

I have also had Mackenzie Hall searching me, with the search reason listed as 'outstanding debt'.

 

How did you get on with your case so far? I could really do with advice on how to deal with them. Is there a template letter I can send to ask why they are searching without my permission, and are they breaking the law by doing this?

 

Hope somebody can help please....

 

Mac Hall are the bottom feeder's of the debt collection industry, 99% of the time they buy up alleged debts well beyond the statute of limitation time far in excess of the 6 year period hoping to make a fast buck out of people who are unaware of their legal rights.

 

I would suggest that anyone who has a marker of outstanding debt placed on their credit files, to, first take it up with the credit reference agency and dispute the entry, by doing this, it has a twofold effect...

 

1) The entry is marked as in dispute, which means that, if you apply for credit, with an otherwise good credit file, then you shouldn't be turned down instantly. Ie the credit application then has to be viewed manually.

 

2) You have a dispute with Mac Hall, logged with the CRA, ie, they can't deny receiving any dispute with regards to the entry, "which in my experience, if you write to them first they will deny receiving any such letter".

 

As soon as you have logged a dispute with the CRA, write ( via recorded delivery), under S.A.R.N to Mac Hall requesting a copy of the original application including T&Cs where they can report data to the CRAs without your permission.

 

What will happen next:

 

Usually the CRA's will contact Mac hall and ask them to verifiey their data and they will respond " Yes its accurate". This is what they do In 99.9% of cases.

 

 

The next stage:

 

Write to the credit reference agencies that hold this data and serve them with a sec.10 notice requesting that they cease processing data that is unlawfull under the data protection act.

 

Then serve a sec.10 notice on Mac Hall, stating, that unless they cease processing data,on you to the CRA's then you will take further action through the courts if nesscesary.

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Useful info, simonjohn, and I for one will consider this process - I hope others do too.

 

Could anyone point me in the direction of discovering the process of a CRA file being searched? I mean, do the CRAs allow searches from any company claiming the right to do so? Is there no requirement for the subject of the data to give their consent? Who's responsibility is it for the accuracy of the information held - the CRA or the searching/reporting company?

I understand that whenever I've applied for credit there's always been a section that I have to give my consent to mentioning consult the files of a CRA, ongoing searches, report conduct of account etc. etc. That's fine, I guess, while my account's still live, but these leeches are searching for an account that is no longer enforceable, and that is something I have never agreed to.

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Useful info, simonjohn, and I for one will consider this process - I hope others do too.

 

Could anyone point me in the direction of discovering the process of a CRA file being searched? I mean, do the CRAs allow searches from any company claiming the right to do so? Is there no requirement for the subject of the data to give their consent? Who's responsibility is it for the accuracy of the information held - the CRA or the searching/reporting company?

I understand that whenever I've applied for credit there's always been a section that I have to give my consent to mentioning consult the files of a CRA, ongoing searches, report conduct of account etc. etc. That's fine, I guess, while my account's still live, but these leeches are searching for an account that is no longer enforceable, and that is something I have never agreed to.

 

As Mac Hall hold a consumer credit licsense and have a block agreement with the major credit ref agencies then, "If they pay then they get", unfortunate I know, but I "And must make this distinction" I" and not the viewpoint of the owners of this site, feel that this is where there is a two tiered exception with the CRA's ie, the consumer pays for a service and get's little for it... Then the Creditors pay for a service and get's exactly that

Edited by simonjohn
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Update:

 

Well, I heard back from Equifax today. After complaining to them, they have come back and said that they first marked these searches as in dispute, and wrote to Muck Hall for details.

 

Equifax have told me that they have had no response from them, and have accordingly removed these searches from my file. Result!

 

Good information here for anyone else who has these pesky so and so's searching their files and leaving their dirty great footprints everywhere...

Eyes opened and back in control of my life thanks to this site x

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Now use the CRA letter to report MHall to the OFT. They have already been the subject of one investigation and received a hefty slap although to read the MHall statement on this you'd think it was MH who did OFT a favour.

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