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Hi All,

 

Yet more problems :-(

 

Have been dealing with cleaning up my fiancee's credit record and just about there. All defaults have fallen off her record, a court decree has been satisfied but will fall off her ecord in about a year's time. The only outstanding issue is that of two crdit searches associated with an unpaid debt.

 

Having done some digging, it turns out that one of the searches is related to a store card she had (Which was one of the defaults which have fallen off), the store card was a Dorothy Perkins one from way back in 2002 which would be statute barred now. My question is how do I go about getting the search removed. Equifax have said they can't remove it without BCW's permission (I have reminded Equifax of their responsabilities under the DPA) and BCW have told them the account is not in dispute (Over than it is statue barred now!!!)

 

I'm just wondering what course of action I should take now? Is it worth while CCAing BCW and see what we get back?

 

Also, there is a second search listed by Aktiv Kapital for which we have no information, they have requested that we phone them, is it worthwhile CCAing them too?

 

Any help is greatly appreciated.

 

 

Cheers

 

N

 

 

PS Anyone got any ides on how to handle Equifax????

 

PPS Just noticed that the two letters have the same reference number, i.e. they're the same debt!!!

Edited by ngorshkov
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Here are the questions I have sent to Equifax and their responses, any thoughts anyone???

 

Also included is a "Third Party Response" from Aktiv Kapital; this can hardly constitue written permission to process my finacee's data!!!! :mad:

Question 110509.rtf

Question 150609.rtf

Third Party Response 150609.rtf

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Hiya,

 

The searches will have no bearing on your CF as these should be seen as unrecorded searches,

 

if you want them removed then you will need to send a letter of complaint to the data controllers

 

ida x

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Hi Ida

 

These are table 1 searches which do show up on your credit record and have an adverse effect on your credit rating. Ones for unpaid debts stay for two years and are accessble for all who can search your file.

 

As it happens, Equifax say they don't have the permission to remove them; as seen in my attachments :-(((

 

I've sent the usual don't know this debt letters to Aktiv and BCW and also away to send CCA requests tomorrow.

 

Just wondering if anyone else had any thoughts?

 

 

Cheers,

 

N

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Yeah, fired them off today :-)

 

Also got this back from Equifax:

 

Dear

 

I am sorry to learn that the response to your recent Notice of Dispute was not satisfactory. I acknowledge your comments; however I must advise that as the company concerned has not provided Equifax with authorisation to amend or remove the disputed information from your Credit Report, this currently remains unchanged. I can only advise that should you wish to query this matter further that you contact the company concerned. Any documentary evidence regarding this information is held by the lender.

 

If however, you wish to make a complaint, please note our regulatory body is

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Kind regards

 

Wendy Morris

Customer Relations Customer () 17/06/2009 08.57 AM Regardless of whether Aktive Kapital claim to have my permission to process MY data, YOU have still not provided proof positive that the searches are legitimite and that the companies in question have my permission to process MY data as per the data protection act; mearly claiming that they do is insufficient as per the Data Protection Act.

 

Need I remind you that it is YOUR responsibility as a DATA CONTROLLER as per the Data Protection Act to ensure that the data you hold on me is relevant, accurate and most importantly been acquired legally, i.e. the companies in question have my explicit, written permission to process my data. Need I also remind you that if the data you hold on me is neither relevant, accurate or been acquired legally then it is YOUR responsibility to ammend it and that if you choose not to it is YOU that I complain about to the Information Commissioners Office and to Trading Standards.

 

Furthermore if you cannot substatiate the claims you make about me via my credit record, this would be tantamount to defamation and I would then be forced to seek recourse through the courts to have the incorrect data removed and for appropiate compensation awarded.

 

Finally I request that you give me the address that correspondence can be sent to your data controller as I feel that I have no other course of action but to issues a section 10 statiatory notice to yourselves.

 

 

Kind Regards

 

 

 

Anyone any thoughts???

 

 

Cheers,

 

N

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Subscribing to this if you don't mind - I've got the exact same problem with Equifax. i'm just putting together my first letter to them to request the removal of the multiple searches from DCAs (yet no debt on my file) but I fully expect to receive a an uncooperative response. There seem to be a few Caggers with similar issues.

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shows how thick these people are "closed the file oct 2009"

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Well, just got the CCA back and it looks enforceable :-(

 

However the debt is stat barred anyway :-) Does anyone have any suggestions on how to word a letter to AK telling them that the debt is stat barred thus unenforceable and to stop place searches against my fiancee's name????

 

 

Cheers,

 

N

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you could edit this:

 

Dear Sir/Madam

Acc/Ref No 4563210025897412

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

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

 

Ida x

Mr A N Other

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