Experian

[lecretia]

I'm having an ongoing battle with experian about a defaulted account on my credit file.

 

The account was with a high street bank who sold it to a bottom feeder DCA. Unfortunately it took me a while to find this site and the wealth of information it has so I played cat and mouse with the DCA for three years only paying £1 a month. Once I found this site and realised I should have challenged them on their right to collect I did so.

 

They took a while to respond to my CCA and went well over the 12(+2 for postage) days allowed. They only responded after I sent them a breach letter. Needless to say they had not responded because they didn't have any credit agreement to send to me. They had asked the original creditor and they didn't have it either.

 

All this time dealing with them I was not made aware that they had placed a default on my credit file for this account. I never received a default notice although they did say that they would default me over the phone, but that was after they had already placed the default (2006)

 

I asked them to either provide me with a signed credit agreement or to close their files and remove the account from my credit file. They actually wrote back saying that they had closed their files and written off the remaining balance and that the CRA's would be updated.

 

They did update the CRA's however it was not to delete the account, they simple added "Satisfied" to it.

 

I have written to them numerous times requesting the data be removed as they have no right to process my information without a credit agreement. They wrote back again saying that the CRA's would be updated with my request within 7 days. Weeks later nothing had changed so I wrote to Experian (decided to challenge them first before going after the other CRA's) asking them to delete the account as unsubstantiated.

 

After about 10 emails between myself and Experian I'm no closer to getting this resolved. Experian has started an investigation, however they refuse to remove the accounts without permission from the DCA, the DCA is ignoring all of Experians attemps to check the information.

 

So this seems to leave me in limbo. I have sent off a complaint with all the correspondence to the ICO however I have little faith in them based on what I have read else where.

 

Can anybody advise me on what futher action I can take to get this default removed?

Edited August 12, 2009 by lecretia

[shirley286]

I would give the Information Commissioner a chance to look into it, Under the Data Protection Act 1998 it is illegal for a firm to keep inaccurate data about an individual, you can apply to take it to court to have it removed but only do this once the ICO has looked at it. Sorry cant be of more help, am having the same problem with RBS and CRA....

[Dorabell]

subbing:)

[lecretia]

I've not heard anything back from the ICO. I guess this takes time....

Experian have been quiet too, not sure when they plan on updating me on whats going on. I thought about writing to the DCA and threatening court action against them.

[jon_boy75]

am in the 5th month of the same battle...it takes time

 

dont bother asking Experian, they are just the banks bitch! if it turns out the default was posted incorrectly, and you tried to prove this to experian, take them to court for breach of the DPA

this is what I'm doing. Abbey first and then Experian.

We have zero power in this matter...the banks report what they want, the CRAs repeat the false information, and we suffer. They dont provide evidence of a default, but it doesnt matter as their word is taken over ours. Wait for a decision by the info commissioner if you choose. I'm taking it to court. Abbey have 5 days to file a defence

[lecretia]

How much does it cost to go to court?

[jon_boy75]

it depends how much and what you're claiming for, but I believe anywhere from £30 upwards

[lecretia]

I don't really care about claiming anything from them, I just want them forced to remove the default.

[jon_boy75]

i totally understand that. you may wish to go the following route: firstly raise a complaint with the Information Commissioners Office (ICO), raise a complaint also with the Financial Ombudsman Service (FOS) and see if you get a result that way. Experian WILL NOT remove the default. The ICO or FOS can instruct them to remove it, but you will need to be patient.

Follow this procedure to the letter, it's excellent >>

[postggj]

Hi Jon Boy

 

Did You Do An On Line Dispute With The Cra

 

The Norm Is They Will Contact The Creditor Or Dca And Ask If The Info Is Correct

 

If After 28 Days The Creditor Does Not Answer, The Entry On Your File Will Be Removed

[jon_boy75]

Hi Jon Boy

 

Did You Do An On Line Dispute With The Cra

 

The Norm Is They Will Contact The Creditor Or Dca And Ask If The Info Is Correct

 

If After 28 Days The Creditor Does Not Answer, The Entry On Your File Will Be Removed

 

yes i did. they simply ask the creditor if the information is accurate, the creditor says "yes" and the information stays. they're not required to provide any evidence to the CRA. In my case, they dont have any evidence of a default, they never issued a default notice! I never defaulted. this is why it's going to court. I need to request disclosure of this document, which they've told me 3 times doesnt exist.

the real reason is that i challenged them over bank charges some years ago, this is known as petty revenge.

[postggj]

Does The Dca Have Any Proof That This Debt Is Yours

Have You Ever Acknowledged It Or Made A Payment Towards It

[postggj]

Is It The Bank Or Dca Saying There Is No Default Notice

[jon_boy75]

Is It The Bank Or Dca Saying There Is No Default Notice

it's the bank...i dont owe anyone any money, this relates to an old bank account closed and settled in 2006

[postggj]

Ok Take My Advice On This One

I Know Its Hard As I Have Had The Same Problem As You In The Past

 

Dont Go To Court, Use That As A Last Resort, The Judge Will Not Be Impressed As He Will Say Take It To The Fos First

 

You Need To Send The Bank An Sar To Get All The Info The Bank Has On You

 

Now How Is The Default /debt Made Up

Have They Told You

Is It Bank Charges Etc

Please Name And Shame The Dca

 

It Took Me Eight Months For Me To Get My Hbos Default Removed

It Will Be Easy Or A Slog

 

But I Will Use My Experience And Knowledge To Help

 

it Wont Happen Over Night Default Removel

[lecretia]

I did the same and even though they have had no repsonse from the creditor they have still not removed the entry.

There doesn't seem to be any rule forcing them to remove an entry if the data controller does not repsond to their requests.

[postggj]

The Sar Needs To Go To the Bank

Not The Dca

[jon_boy75]

Ok Take My Advice On This One

I Know Its Hard As I Have Had The Same Problem As You In The Past

 

Dont Go To Court, Use That As A Last Resort, The Judge Will Not Be Impressed As He Will Say Take It To The Fos First

 

You Need To Send The Bank An Sar To Get All The Info The Bank Has On You

 

Now How Is The Default /debt Made Up

Have They Told You

Is It Bank Charges Etc

Please Name And Shame The Dca

 

It Took Me Eight Months For Me To Get My Hbos Default Removed

It Will Be Easy Or A Slog

 

But I Will Use My Experience And Knowledge To Help

 

it Wont Happen Over Night Default Removel

 

here goes:

I will be honest, I do have a court case pending, but by the time I get to court I will have had a response from either the FOS or ICO...so I will withdraw the claim if necessary.

The default was for an overdrawn amount, but comprised mainly of bank charges. I didnt know I was defaulted until this year, as they didnt inform me at the time. I settled the £108 overdrawn amount at the time, back in 2006, so there's nothing outstanding.

I have an SAR, which they responded to 3 months late. NO DEFAULT NOTICE, NO LETTERS OF WARNING, NO MENTION OF DEFAULT ANYWHERE!.

 

There is no DCA, it was never passed over because I settled it, it never got that far. This is what's so infuriating.

 

I know I need to await the decision of the FOS/ICO, but I really want to take them to court for damages, quite aside from removing the default. They are literally screwing with my life, so I want that rectified. I dont care about money, but I do want them to know I am for real and I will not be bullied.

Thanks for your offer of help...someone is also helping me on MoneySavingExpert too

J

[allswell]

I looked on my file with Equifax and Mackenzie Hall had searched my file every month for 14 months, I complained to Equifax and they contacted Mack Hall 3 times and got no reply. They removed all the searches from my file and apologised to me and compensated me with two free online credit reports and credit scores.

 

 

Allswell

[lecretia]

Got a message from ICO, they are passing my case on to a member of their casework team. Looks like it made it through the "it's junk, bin it" phase. Hopefully they will give the DCA a good talking too.

[lecretia]

At last a result: Default Account has been removed.

 

I'm not sure how this happened, it may have been ordered by the ICO, however I have had no feedback from them. I did send another warning to CRA about their actions a few days ago. Have not heard anything from the DCA at all.

[jon_boy75]

At last a result: Default Account has been removed.

 

I'm not sure how this happened, it may have been ordered by the ICO, however I have had no feedback from them. I did send another warning to CRA about their actions a few days ago. Have not heard anything from the DCA at all.

 

hey, great news!

I doubt the CRA will have removed it without a firm nudge from the ICO

 

Congratulations...so it is possible!!

 

Here's to hoping:-)

[lecretia]

It's great, I'm feeling a little stunned. I really don't know what I'm going to do with my spare time now, I've gotten so used to fighting this fight.

 

I have yet to check the other CRA's so I may have some fun yet.

[jon_boy75]

that's happened amazingly quickly...

[lecretia]

It's been an 8 month fight, but I guess that is pretty quick, some people have been at this a lot longer than I have.

 

I can't believe it's happened so quickly either, I had suspected that I'd have to take it to court to get anywhere.