Fairmile Partnership / Allied International Default Date extended

[hacksaw]

Hi All,

 

Fairmile Partnership 1 LLP and Allied International Credit have extended the default date for a Natwest CC on my Equifax and Call Credit reports respectively. It was extended (for both reports) from April 2003 to December 2003. The April 2003 defaults were in the name of Natwest but when it was transferred to them, they decided to put a different default date.

 

I'm about to file a query online with Equifax. I have no other defaults left on my files and because of them, I'm going to be rejected for credit and end up paying a higher interest rate on my debts as a result.

 

This is what I'm going to say:

 

It has come to my attention that there is an entry on my credit report that should not be on there at all, as I have never borrowed money from this company before, neither do I owe them anything.

 

The company concerned is Fairmile Partnership 1 LLP, with a default date of XXXXXXX. This entry should be removed immediately, as this company cannot justify that I borrowed money from them (because I did not), and they also cannot justify that I defaulted in XXXXXXXXXXXX as I have not received a default notice from them whatsoever. Any entries on my credit report by this company is in breach of the Data Protection Act and is also defamatory.

 

If the company concerned does not remove the default in its entirety, I shall have no option but to take further action to recover damages due to a higher interest rate being paid on my debts because my credit rating is damaged due to this erroneous entry.

 

Please note that I will not accept that the company concerned will contact me directly as a response to this query, neither will I accept that I should call them to sort it out. All communications shall be in writing (whether by email or post) and not by telephone. Please also note that I do not authorise you to give the company concerned any of my telephone numbers.

 

I used the data protection act and defamatory reasons which I borrowed from BankFodder's excellent thread about putting the CRAs on notice.

 

The last paragraph is included because several months ago Equifax closed a query with a Carphone Warehouse default (which I successfully removed without Equifax's help) because CPW said that they will be in contact with me shortly about the issue. Experian even said to contact CPW customer support team directly by phone to sort it out (on an expensive 0870 number as well) at CPW's request!

 

I've noticed on the forums that other CAGgers have had the same problem with Fairmile / AIC changing the default date. It seems to be a common tactic that they are using to get people to pay up.

 

Any suggestions will be greatly appreciated.

 

Thanks.

hacksaw

[Guest Old_andrew2018]

Bump

[angry cat]

hacksaw,

 

you may find this thread of benefit:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/209899-fairmile-partnership-added-same.html

 

AC

[hacksaw]

thanks angry cat

 

I notice you said to contact the CRA's and the ICO in the thread you just linked to.

 

I read on other threads that the ICO won't deal with Consumer Credit Act issues and that would be down to the FOS; is this correct?

 

thanks once again.

 

best regards

hacksaw

[angry cat]

If the data that is being processed is innacurate, then the ICO has a duty to investigate.

 

Re: CCA issues, that comes under the remit of Trading Standards and the OFT.

 

The FOS is not a government body, simply a complaints handling go-between set up as an intermediary that is supposed to resolve complaints between consumers and the financial industry and funded by the financial industry.

[hacksaw]

thanks angry cat

 

I've read your thread on the problems you've had with RBS cards and the default date. Funny how its always RBS/Natwest and Fairmile/AIC who change default dates.

 

I'll send my complaint to Equifax, and if Fairmile refuse to remove it, I'll probably complain to the ICO.

 

best regards

hacksaw

[hacksaw]

Hi

 

Just to give an update on what's happened, Fairmile and Equifax have refused to remove the default (no surprise there).

 

Equifax say they can't change the data without Fairmile's permission, and have closed my online query, so I've sent Equifax the letter template in the sticky "Put your Credit Reference Agencies on notice" so hopefully they'll take my case more seriously.

[hacksaw]

Hi

 

I sent the "Put your Credit Reference Agencies on notice" letter to both Equifax and CallCredit, and I just wanted to know, how long should I give them to respond before I complain to the Information Commissioner? 28 days maybe?

 

Thanks.

hacksaw

[hacksaw]

The CRAs are useless - even after the LBA sent to them, they STILL refuse to remove the default. I sent an LBA to the DCA, and gave them 14 days, which expires today. What response did I receive from them? Nothing!

 

I'm still waiting for a response from the ICO, but in the meantime, I'm considering filing a County Court Summons against the DCA.

 

BTW I spoke to the FOS today, the guy I spoke to was so rude and arrogant, he said that the DCA has done nothing wrong. He doesn't have a clue about how defaults and CRAs work, and said that defaults remain on credit files for six years after settlement date and not six years after default date.

 

The FOS would obviously say anything to protect their clients the financial firms, wouldn't they?