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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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Right, Equifax & Callcredit.

 

I have tried in vain to create accounts on their websites.

 

Equifax want to see my passport and my bank statements to verifiy my identity. Not happy with this at all. I've scanned my passport and bank statement. Blotted out my signature on the passport image.

 

So anyway, attached the images to their website form with the following message attached.

 

NOTE: By viewing these documents Equifax are in agreement with the terms stated below. Do not ignore this message.

For the protection of my signature against fraudulent use I have obscured it from the passport image. I am not required to provide you with my signature for any reason.

The attached documents are for verification purposes only. All copies of these documents must be destroyed once the verification process has been completed, or alternatively if the verification process fails.

I do not give consent to the storage of these documents for any other purpose than the verification of my identity and for no longer than it takes to verify my identity. I consider a reasonable time for verification to take place to be 6 days, I therefore give you 6 days to complete the process. All copies of the documents must be destroyed by [date six days time].

Make sure these documents and all copies or part copies are erased from all your systems, including archive and backup systems within the 6 day period.

I will not hesitate to take legal action if you fail to meet these requirements.

I do not give my consent to Equifax to reveal these documents or the contents of these to any other party, or associated company or client.

I also require that this data is treated sensitively within Equifax and is not exposed to staff members who have no direct need in the verification process to have access to it.

If you cannot accept these terms then immediately destroy these documents.

Please confirm in writing to me once you have destroyed all copies of these documents.

 

I wonder how they will respond....

 

Callcredit will have to wait till I have some more time.

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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.

 

You still want know who and for what reason the default was removed.

 

Also now your complaint is with the ICO, let it run its course, because the ICO could decide the DCA was in breach of the DPA.

 

You also want to find out what companies if any had searched your credit files while the default was present.

 

I would put a file together ready for a possible claim just in case the ICO does comes back with the assessment in your favour. A default could of caused you damage.

 

Spark

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  • 2 weeks later...

Well the fight is back on, CallCredit still have the default and another one that I didn't know about. This new one is still with the bank, so just sent them a CCA for the agreement. Told Callcredit to clear the other.

 

Still waiting for Equifax to get their act sorted out. They were not happy with my passport as a proof of identity??? crazy, they insisted on having a copy of my drivers license now! Does that seem strange?

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Equifax and Callcredit arent too bad and seem to follow the correct procedure.

 

Experian however are a different story. You simply get 'all our customer sign up to strict legal conditions so the information they provide us has to be correct.'

 

I am going through the process at the moment. my last email to them was well if the creditor signs up to legal conditions when i prove the default entry is inaccurate are you going to take action against the creditor because i am and you for processing the data.

 

Still waiting for a reply. These idiots are ruining peoples life and it is about time they are brought into line just like banks.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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You simply get 'all our customer sign up to strict legal conditions so the information they provide us has to be correct.'

 

They still have to abide by the 28 day rule, if they exceed that they lose any protection the law gives them, the ICO guidelines state this. If they lost the protection they are potentially liable for damages, just depends how far you will take it.

 

This is how I finally got through to them...

 

Dear (xxxx)

 

Please note that it has been (xx) calendar days since I raised (EMRxxxxxX) with Experian (date raised)

 

I have submitted a formal complaint to the Information Commisioner about this issue naming (DCA or BANK), Experian, Equifax and CallCredit.

 

In reviewing the ICO guidelines to Lenders and the Credit Explained notes, I note the following:

 

"You wrote to the lender(s) because the information on your credit reference file is wrong.

You have given them at least 28 days to reply and have sent a follow-up letter but they

have not replied, or they have replied but the information is still wrong."

Note: I have done this and forwarded the correspondence to Experian.

 

"You wrote to the credit reference agencies because the information on your credit

reference file is wrong. You have given them 28 days to reply but they have not replied,

or they have replied but the information is still wrong."

Note: I have done this, Experian has not removed the data within the given timeframe

"By law the agency must tell you within 28 days of your letter if it has: removed the entry from your file; amended the entry; or taken no action.

If the entry is amended, the agency will send you a copy of the amended entry. The agency will also send the details to any lender that has searched your credit reference file in the last six months."

Note: Experian has not complied with this. I have not had any satisfactory response from Experian over this issue. Adding a predefined notice of correction to the account does not lift the obligation that Experian has to comply with this.

 

"Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."

Note: To date Experian has failed to do this, the 28 days prescribed in the guidance has long expired and thus Experian has no protection against the claim I plan to make in the county court.

 

Please note that I reserve the right to submit all correspondence between myself and yourselves to the court when I submit my claim.

This email will be printed and sent by a recorded postal delivery to your offices for your records.

 

Kind Regards

(Your Name)

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Hi

 

Ive been using that argument with them for ages, they just seem to have the standard reply they copy and paste.

 

Even if it is proved they are in wrong no action is taken against them and they know this. That is why they simply do not care.

 

Another thing with Experian is why do they insist they can keep linked adressess for 8 years and not 6 like everything else?

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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If you have a rock solid argument and the DCA / OC cannot deny it they will remove the account, however if the DCA / OC are lying to keep the account on your file then you can claim damages through the courts and you should, if Experian has been given proof by you and have done nothing then you can include them on the claim.

 

If your argument is weak they will ignore you. What is your situation?

 

In my case Experian were clearly in the wrong and I was dead serious about taking it to court. They had no choice, they did fight it believe me, but in the end they had to remove the data.

 

It helped that they were so far over the legal limits for their response, but I don't think they would have done anything if the DCA hadn't caved.

 

Best thing to do if you have a rock solid case is send everything (letters, emails, telephone logs) to the ICO and then start hitting the DCA / OC with demands to remove the data and copy Experian in demanding that they remove the data. Every letter / email the DCA / OC ever sent you saying anything that supports your case send it on to Experian with a demand for action. Everything needs to go to the ICO as well.

 

Don't just leave things to the ICO, they take ages to do anything, I have still not heard anything from them. But use the fact that you have lodged a complaint in your own correspondence.

 

Make sure Experian know that they are well over time limits (if they are) and that you are aware of the limitations placed on them by the law.

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I can't believe my luck......

 

I got a reply from the bank about the defaulted account, due to it being an overdraft they say they don't have to supply a credit agreement. Not sure how true this is but it sent me down the route of trying to find if they had sent me any letters of demand or final notices or anything that might help me.

 

While digging around in my files I found a letter they sent to my wife about this account (it was a joint account) which stated that the overdrawn amount was made up of three loan repayments (which I had told them not to take due to me being unemployed at the time), charges and interest. They had placed a default on my wife's credit file as well. This letter was a response to a complaint my wife sent to them.

 

Anyway they state the following in the letter.....

 

I note your comments and with a view to bringing the matter to a satisfactory conclusion, I am prepared to recall the debt from the Debt Collection Agency and reverse the payments made in respect of the Personal Loan. The remainder of the debt is made up of charges and interest and I will refund the same to bring the balance to nil. Arrangements will then be made to close the account. We will not try to take any further action against you in respect of the debt and I will arrange for any adverse information which has been registered in this regard to be removed.
So in light of this information, how could there possibly be a default on my credit files for this account when above action was taken. If the transactions were reversed then there is no debt, so there should be no default notice for this account. Or am I wrong?
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"I will arrange for any adverse information which has been registered in this regard to be removed"

 

Looks like they're removing the default...happy days!

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Hopefully, that letter was from 2007. But I don't see how they can argue it. They did remove the default from my wife's file in 2007, but seems like they forgot to remove it from mine.

 

I've send the details to Call Credit and Equifax as well as writing to the bank to remind them with a copy of the letter they sent attached.

 

I will be totally clear after this.

 

How is your fight going jon_boy75?

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Experian sure could learn something from both Equifax and Callcredit when it comes to letting people know what's happening and actually dealing with requests.

 

If they had just asked the DCA the first time I asked them to investigate it I would not have had to wait for so long to get the first default cleared. Callcredit did it without delay and removed the default without delay. They have queried the new one without delay as well. Equifax have also queried it without delay. If this remaining default was on Experian I would probably be looking at another few months to get it cleared, needless to say I'm really glad it's not on their records.

 

So as it stands, I'm waiting for Callcredit and Equifax to get a response from the Bank and waiting for the Bank to respond to my letter to them. It should all be sorted out within 28 days, then I'm free of this.8)

Edited by lecretia
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Nice one lecretia.

 

Callcredit and Equifax are pretty good and tend to tow the line but as you and many others have proved experian are a nightmare and they really need bringing in line. Massive fines for breaching data protection maybe a start.

 

If i breached data protection id be sacked but our rules do not apply to them.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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  • 6 months later...
All done, I'm free.

 

Callcredit and Equifax have both removed the default. I've won it!!!!

 

It all starts again. It seems that the DCA has kept my data after saying they had deleted it and then resubmitted it to Experian 6 months after they asked Experian to delete it. I need a solicitor I think, anybody know of any good ones?

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