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AC V RBS **WON** with Information Commissioners Office intervention.


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Hi!

 

I have just received a copy of my Equifax credit file; I check it every 90 days.

 

Upon checking the information, I note that RBS has re-registered details about an old account. The original information was registered by RBS;

Start 08/04/1999

End 28/11/2002

Marked settled 28/11/2002.

 

The data has been held for 6 years and came off the file: 28/11/2008.

 

Then RBS re-registered the data is for the same account:

 

Start 08/04/1999

Default 29/09/2006

End 29/09/2006

 

File last updated :15/03/2009

 

Obviously, I am quite shocked by this, as I thought information only remained on the credit file for 6 years!?

 

The account was factually Defaulted in 2002 & 2003.

 

I believe that the re-registering the information re: the same account is a breach of the 1st & 4th Principles and will cause quantifiable damage.

 

Opinions please.

 

AC

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Scandalous!

 

I'll just sub for now; I'm in the middle of reading DPA1998 & ICO guidance to DCA et al so I'll make a contribution to this thread early next week.

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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  • 1 month later...

Today, I received a response from Equifax regarding my complaint about, the RBS & Equifax re-processing my data after it has already been processed for the 6 years allowed.

 

"Dear AC,

 

Thank you for getting in touch about the account on your credit report with the Royal Bank of Scotland Cards.

 

When I got (ungrammatical) your letter on 27th July 2009, I contacted the Royal Bank of Scotland and asked them to investigate this matter further. The company were provided with a copy of the account as it appeared previously and the account as it currently appears.

We've now received a response from this investigation and I've included a copy of this below for your convenience:

 

"The information that is now registered is correct. The default was applied to the account on 29 September 2006. There should never have been an end date of 2002. The default will not be backdated as the 29/9/2006 is the correct date of registration.

Thank you."

 

As the company havn't provided authorisation for Equifax to amend or remove the account from your Credit Report it must currently remain unchanged. I'd therefore recommend that if you have any other questions about this, that you contact the Royal Bank of Scotland directly.

 

I hope the above is of assistance; however, should you have any further queries please contact me at the above address or on the telephone number provided below.

 

Yours sincerely,

 

Mandy Russell

Customer Relations."

 

There was no default 29 September 2006 and;

how do RBS know what went on in 2002, if they do not keep data for longer than 6 years?

 

by RBS:

"There should never been and end date of 2002"

 

But, there was both on my Equifax and Experian Credit File(s); the data has already been processed for 6 years.

 

 

AC

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Let Battle Commence On This Me Thinks

 

They Just Cant ChanGe The Goal Posts

 

The Account Was On The Credit File For Six Years And Droped Off

 

I Cant See How They Can Re-register Info

Even If Correct

 

The Account Has Been Closed

 

Keep The Old Report In A Safe Place

 

The Online Ones I Believe Can Only Be Stored For 12 Months

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My Experian credit file shows the same information;

the data fell off in 2008 after the 6 year time period allowed.

 

I have all my Equifax and Experian copies going back to 2002.

 

by RBS:

"There should never been and end date of 2002".

 

But there was and RBS must have registered the information! and RBS have confirmed that the data has already been processed by making the above statement.

 

Interesting isn't it, that RBS appear to deny the data as per 2002. But they state that they only keep data for 6 years!?

Seems as though, RBS want their cake and eat it...

 

Not much point having the DPA, if firms to not abide by the legislation.

 

AC

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Write abck to experian and state that you dispute RBS's version and that until such time as they can prove other wise you wish a notification of dispute attached to the offending article, also write to RBS and demand ALL records for the life of this account, if they cant produce then you have your evidence that they do not know what happened at that time, I would also send a photocopy of your file to RBS showing the offending article from the original date

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Okay, I have written back to Equifax demanding that they mark the file 'Under Query' also advising them that my file of papers has gone off to the ICO in order that they can investigate the breaches of the DPA.

 

I had also written to CallCredit and this morning received the following response:

 

"Thank you for your recent query regarding SHARE information held on your account.

 

I can confirm that we are currently investigating this matter with RBS and we will respond to you within the next 28 days. A Notice of Dispute has been added to the relevant entry on your file and if we are unable to resolve this dispute within 28 days, the entry in question will be suppressed from your file until a satisfactory resolution is reached.

 

In the meantime, if I can be of any further assistance, please write to me at the address shown above, quoting your reference number.

 

Yours sincerely,

 

Josephine Routledge

Customer Services Assistant - Callcredit."

 

No doubt, RBS will feed Callcredit with the same distortion of the truth that was fed to Equifax. However, hopefully the ICO will find a solution to this inaccurate, excessive processing.

 

Now, to draft a letter to Joyce E Tudor at RBS...groan!!

 

AC

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I wrote back to CallCredit and demanded that they mark the file, 'Under Query', as my complaint has been lodged with the ICO.

Here is their response:

 

Dear AC,

 

I am writing further to our recent exchange of correspondence regarding your query of a SHARE record on your credit file provided to us by RBS Credit Cards.

 

I regret to inform you that, after contacting the lender in question, they are unwilling to amend the record on your credit file based on the evidence provided. With this in mind, we are unable to make any amendment to your file, as requested.

 

Yours

 

Josephine Routledge

Customer Services Assistant - CallCredit"

 

AC

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Hi!

 

I have just received a copy of my Equifax credit file; I check it every 90 days.

 

Upon checking the information, I note that RBS has re-registered details about an old account. The original information was registered by RBS;

Start 08/04/1999

End 28/11/2002

Marked settled 28/11/2002.

 

The data has been held for 6 years and came off the file: 28/11/2008.

 

Then RBS re-registered the data is for the same account:

 

Start 08/04/1999

Default 29/09/2006

End 29/09/2006

 

File last updated :15/03/2009

 

Obviously, I am quite shocked by this, as I thought information only remained on the credit file for 6 years!?

 

The account was factually Defaulted in 2002 & 2003.

 

I believe that the re-registering the information re: the same account is a breach of the 1st & 4th Principles and will cause quantifiable damage.

 

Opinions please.

 

AC

 

 

Had you been making payments after the first default?

 

If so had you stopped or reduced the payments agreed around the time the second default was registered?

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The account was defaulted and Terminated in 2002;

The account was defaulted and Terminated again in 2003;

there was and still is an unresolved dispute re: the mis-selling/misapplication of PPI on the account;

the account was marked by RBS "S" Settled in 2002 and that data was processed for 6 years until 2008.

 

The default which was applied to the account in March 2009, backdated to September 2006, is a fabrication by RBS;

no notice of default was served in relation to the erroneous entry and most certainly not under s87.

 

IMO, it is purely a retaliatory and defamatory marker which bears no substance.

 

RBS have no credit agreement in relation to the account, but clearly they do intent to wreck my credit files.

 

AC

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In any event, the ICO is in receipt of my formal complaint, backed up with documentary evidence.

 

Therefore, I guess that I will just have to be patient and wait to see what their view on the matter is.

 

AC

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I wrote back to CallCredit and demanded that they mark the file, 'Under Query', as my complaint has been lodged with the ICO.

Here is their response:

 

Dear AC,

 

I am writing further to our recent exchange of correspondence regarding your query of a SHARE record on your credit file provided to us by RBS Credit Cards.

 

I regret to inform you that, after contacting the lender in question, they are unwilling to amend the record on your credit file based on the evidence provided. With this in mind, we are unable to make any amendment to your file, as requested.

 

Yours

 

Josephine Routledge

Customer Services Assistant - CallCredit"

 

AC

 

The above Callcredit letter was dated 28 August 2009; franking mark 28/08/0

But, today 3 September 2009, I have received a further letter from Callcredit dated 26 August 2006; franking mark 26/09/09:

 

Dear AC,

 

I am writing further to your query of a SHARE record on your credit file provided to us by RBS Cards.

 

We are currently in the process of investigating your concerns with the lender in question.

Until this matter has been resolved, the record will be suppressed from our database and will not be visable to anyone searching your file. Once we receive a response from the lender in question, I will contact you.

 

Your sincerely,

 

Josephine Routledge - Consumer Services Assistant - Callcredit."

 

Back peddling?

 

AC

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Today, I received a response from Equifax regarding my complaint about, the RBS & Equifax re-processing my data after it has already been processed for the 6 years allowed.

 

"Dear AC,

 

Thank you for getting in touch about the account on your credit report with the Royal Bank of Scotland Cards.

 

When I got (ungrammatical) your letter on 27th July 2009, I contacted the Royal Bank of Scotland and asked them to investigate this matter further. The company were provided with a copy of the account as it appeared previously and the account as it currently appears.

We've now received a response from this investigation and I've included a copy of this below for your convenience:

 

"The information that is now registered is correct. The default was applied to the account on 29 September 2006. There should never have been an end date of 2002. The default will not be backdated as the 29/9/2006 is the correct date of registration.

Thank you."

 

As the company havn't provided authorisation for Equifax to amend or remove the account from your Credit Report it must currently remain unchanged. I'd therefore recommend that if you have any other questions about this, that you contact the Royal Bank of Scotland directly.

 

I hope the above is of assistance; however, should you have any further queries please contact me at the above address or on the telephone number provided below.

 

Yours sincerely,

 

Mandy Russell

Customer Relations."

 

There was no default 29 September 2006 and;

how do RBS know what went on in 2002, if they do not keep data for longer than 6 years?

 

by RBS:

"There should never been and end date of 2002"

 

But, there was both on my Equifax and Experian Credit File(s); the data has already been processed for 6 years.

 

 

AC

 

A further letter received today (03/09/09) dated 27 August 2009:

 

Dear AC

 

Thank you for your response regarding the disputed information on your Credit Report.

 

I'm sorry to learn that you're unhappy with the response to your dispute.

As requested I have added a notice of dispute to your Credit Report to inform any potential lender viewing your credit report that information is in dispute.

This will remain viewable at your address until such time as you request otherwise.

 

I hope this has been helpful but please contact us if you have any other questions.

 

Yours sincerely,

 

Mandy Russell - Customer Relations - Equifax."

 

Still waiting to hear back from the ICO;

patiently waiting!

 

AC

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Yes, I know that the ICO is backed up with complaints.

 

However, because I previously made a complaint about SAR non compliance, which was referred to the ICO Regulatory Risk Dept., I am hopeful that original case file will be re-opened?

 

We will see and I am perfectly happy to wait, in order that the ICO will fully investigate this matter that requires resolving.

 

AC

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  • 3 weeks later...

An update!

 

A reply from John Squire @ the ICO dated 21 September 2009:

 

"Thank you for your letter of 24 August, complaint form and supporting evidence.

 

I apologise for the delay in getting back to you which is due to our current workload.

 

Subject Access Complaint

The matter was left last Decemeber with RBS claiming that you had been sent everything to which you are entitled and you are disputing this.

 

You have now provided eveidence of RBS being unable to provide a true signed copy of the credit agreement relating to your account.

 

In view of the above the other items that you say are still outstanding have been reviewed.

 

From the currently available information it is clear that RBS is unable to provide a copy of the terms and conditions in force at the time you obtained your Card and PPI or to provide copies of any default notices issued.

 

This leaves your claim that no computer screen notes or logs have been provided which RBS claims were sent on 8 October 2008. (RBS did NOT)

 

I have taken this up with RBS.

 

You mentioned RBS witholding legally privileged information but there is nothing on our file to this effect. In my letter to you of 17 November 2008 I mention the possibility that the legal privilege exemption to subject access might apply to some information but there is no record of RBS claiming this exemption.

 

I should point out that legal privilege could possibly be claimed by RBS in respect of certain relevant information if there was the prospect of legal action being taken against them.

 

Credit file entry complaint

 

The credit card account appeared for several years on your Equifax and Experian cerdit files as settled in 2002 with zero balance. The entry was removed 6 years after the settled date but it has recently reappeared with a default dated September 2006. This appears to be the first time a default has appeared on the account entry.

 

In addition the settled dates that previously appeared on the Equifax and Experian credit files do not agree being 28 November 2002 and 11 August 2002 respectively.

 

There also appears to be a similar problem with your Callcredit file.

 

From the information currently available the default does not appear to have been recorded correctly. If this is the case the entry should be removed from the records of all the credit reference agencies used by RBS.

 

I have asked RBS to explain on what basis this default was recorded and why this only happened recently and to explain why a default date of September 2006 was used.

 

I have asked RBS to ensure that the entry is either removed or to demonstrate that the default has been applied correctly and in accordance with our defaults guidance.

 

I have asked RBS to respond as soon as possible and in any event within 14 days of receipt of my letter which has been sent today.

 

Yours sincerely,

 

John Squire

Regulatory Action Division; ICO."

 

I wonder what the RBS reply will be?

 

 

AC

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Thats great angry cat, I'm glad that the ICO agrees with your view that the defaults should be removed, although it did take them 28 days to come back to you.

 

I wish you the best of luck - I hope you get them removed. I'm going to make a complaint soon to the ICO about the DCA's changing the default dates on my credit files, as the CRA's are useless.

 

best regards

hacksaw

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Thanks for your comment hacksaw.

 

It's not in the bag jet!

 

No doubt, RBS will come back with some cock and bull story, in order to pull the wool over the ICO's eyes. However, I do have plenty of evidence to back up my claim.

 

Will have to see how matters pan out.

 

AC

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Cat, when this is resolved you should seriously issue against RBS for damages for libel, loss of credit rating etc. You'll get 1k minimum simply for them having wrongfully placed a default. More if you can prove that that default caused further loss to you.

 

The banks will continue to be flagrant with peoples credit files until they start getting hammered for damages for each one they wrongly destroy.

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Yes, I know that the ICO is backed up with complaints.

 

However, because I previously made a complaint about SAR non compliance, which was referred to the ICO Regulatory Risk Dept., I am hopeful that original case file will be re-opened?

 

We will see and I am perfectly happy to wait, in order that the ICO will fully investigate this matter that requires resolving.

 

AC

 

hacksaw, my original compaint was re-opened!

 

I am still waiting for a response from the ICO?

 

by AC: "t's not in the bag jet!

 

No doubt, RBS will come back with some cock and bull story, in order to pull the wool over the Information Commissioners Office's eyes. However, I do have plenty of evidence to back up my claim.

 

Will have to see how matters pan out."

 

AC

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