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Stephan56

DCA Obligation/Authority re Credit File

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I am new to this Forum, although I have been posting to the Debt Collector forum for a short while.

 

I have debts with about 10 CC companies (nine of which now in the hands of DCAs) and I have been making small monthly payments to all of them. I have CCA'd all of them and, guess what, none of them have come up with a compliant agreement.

 

I have access to funds to settle these accounts (I owe circa £60K and have access to £15K to clear them all. It would be a "loan" from a relative - who would then write it off - so I am not getting into more debt). This would mean I would pay the creditros (if I can get them to agree) circa 25% of what they claim (I would say pretty good going for them - given they cannot produce legally enforceable CCA compliant agreements!)

 

The issue is that the whole point (only point) is that a condition of my paying them anything (when I could just walk away and pay nothing due to the non enforceablility of the agreements) is that I want the DCAs to report the debts as SATISFIED (is the designation I should be gong for, or is there something better?) What else should I ask them to do in respect of "rehabiliting" my Credit Reports.

 

My question, in addition to the above, is what is the power/authority of the DCAs to make reports. One DCA has said they CANNOT report a debt as satisfied to a CRA UNLESS it is paid in full and they MUST report a debt as only SETTLED (That does not do it for me, and I would rather just pay nothing and wait for a few more years until it is all expunged)

 

What CAN and what CANNOT a DCA do in this regard? When negotiating with them, I want to know what they CANNOT do (for legal or other reasons) and what they CAN do (although they may not want to). What are the boundaries and dividing lines.

 

A clear explanation would be GREATLY appreciated

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There must be a commercial agreement in existence between the CRAs and the people who place and have the right to search information there.

 

I would imagine this must set out some protocols and definitions for what gets registered.

 

Is it published anywhere?

 

Is it available from a CRA?

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That would be VERY USEFUL to get the protocols the DCAs and other registed users "follow" when reporting to CRAs. Given the amount of wrong/useless information that is posted, it is bit rich for them to then say "we cannot report a debt as PAID IN FULL if only partially paid".

 

Also, on a point that has just come to me, wrong information on someone, in a credit report, is arguably MORE DAMAGING even that slander etc. Yet DCAs and others seem to be able to put inaccurate and wrong information on the credit reports with pretty much impunity. Maybe the consuer can make a comment or try to get it corrected - but what about damages for the incorrect report in the first place?

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The DCA's and CRA's seem to be very selective in choosing what aspects of the Data Protection Act they wish to accept and follow.

 

The rule they have to follow is that the data must be accurate and truthful - this has never stopped either of them posting complete fabrications based on very little or spurious information. So their claim that they can only do this or that carries no weight whatsoever.

 

My personal opinion would be - if they are prepared to clear the credit file, then I would pay them, if they will not do this, then I would not pay them at all.

 

If you seek a correction under the Data Protection Act because the data posted by the CRA is wrong, then they will state that they have posted it in good faith on behalf of their client. and that they can only change it on the instruction of the DCA - pure Twaddle, but this is their standard line

 

If however, you begin an action for defamation against the CRA - they have to prove that the data they have posted is correct, irrespective of what the DCA may or may not tell them - in all likelihood thay wont check every bit of information priovided by every DCA and this in itself means that they are breaching the DPA.


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