Freemans default -help please

[DEBTFREEFUTURE]

Hi

 

i recently sent a CCA request to Freemans and EOS (the debt was passed onto them when i struggled with repayments). EOS wrote back to confirm that Freemans could notprovide a copy ofthe CCA and at the very same time Freemans marked the account as settled on my credit file but also registered 3 defaults! I was only aware of having 1account with them but they somewhere along the road slplit this into 3 seperate accounts and thus registered 3 seperate defaults. I sent an account in dispute letter to both Freemans and EOS and also requested that they remove the defaults and send me an explanation as to why there were 3 accounts. Their reply stated that they would no longer be pursuing the debt but that they had no intention of removing the defaults on my credit file - no explanation regarding the 3 seperate accounts.

 

I did not recieve any written notification that these defaults were being eneterd on my file and am very keen to have them removed. I am aware from reading various posts on the forum that this will not be an easy task but am ready and willing to write as many letters as needs be. I would very much appreciate any advice on where i go from here.

 

Thanks for reading

Best wishes

DFF

[DEBTFREEFUTURE]

Hi

 

just to update, i checked my credit report today to find that a compnay called Actio (AlbiS) has now entered information on my credit report regarding two of the above Freemans accounts (should only ever have been 1 but was split into 3). The balances are for £90 and £200 and they have marked both as defaults. I don't know who this company are or why they have done this. Freemans have admitted to having no credit agreement, have confirmed they will not be pursuing the debt and already placed 3 defaults on my account. I have also noticed that where a couple of weeks ago Freemans had marked the balances settled on my report they no longer state this. I am really angry and upset - these people seem to be able to do whatever they like and get away with it.

 

Any help would be much appreciated.

[the_shadow]

Ok, only the original lender is allowed to enter a default, and its one default per one regulated agreement(contract).

 

When a debt is sold to a debt collector then they are allowed to take over the default and there name replaces the original lender... the date of default MUST stay the same (a usual trick is for a DCA to bump the year by 1 or 2 years to decrease the chance of a stat barred debt)

 

So if Freemans placed all three defaults on your account and then sold two on its going to complicate things a bit.

 

You need to send the letter (edited) I advised on the other thread to the credit agencies to get them to test the waters so to speak.

 

Chances are you may have to attempt court action to get them removed but hopefully a couple of letters with a threat of damages will get them to move them all into one default.

 

S.

[DEBTFREEFUTURE]

Hi Shadow

 

thank you very much, it really is very much appreciated. I'll get the letters off and keep you updated.

 

Best wishes

DFF

[DEBTFREEFUTURE]

Hi all

 

sent off the letter to CRA and also emailed the guy from EOS. I explained to him that i was unhappy due to all of these defaukts being registered, as i believed unlawfully and threatened to report them to the ICO and FSA. He couldn't have beeb nicer - agreed to remove all defaults issued by them selves and also said he would get onto Freemans. Withing a few days all defaults were removed as was all other Freemans account information.

 

DFF

[the_shadow]

Hi DFF,

 

Well done, should keep them quiet for a while at the very least

 

S.

[DEBTFREEFUTURE]

should have known it would be too good to be true. After Freemans having sent me a letter months ago stating that they would no longer be pursuing this debt and all information regarding this account remoed from cra they hae now started sending me statements requesting payments again and hae added this account to cra information starting from scratch as if it were a new account.

 

My theory is that they have had to remove previous infomation as they did not follow correct guidelines when registering it but are now trying to batter my credit file again. What should i do - can they just restart this account from scratch?

 

The account entered dispute many months ago and as i say i hae a letter from them stating that the debt would not be pursued and all informations was removed (after my conversation with the guy from EOS?).

 

thanks

DFF

[the_shadow]

should have known it would be too good to be true. After Freemans having sent me a letter months ago stating that they would no longer be pursuing this debt and all information regarding this account remoed from cra they hae now started sending me statements requesting payments again and hae added this account to cra information starting from scratch as if it were a new account.

 

My theory is that they have had to remove previous infomation as they did not follow correct guidelines when registering it but are now trying to batter my credit file again. What should i do - can they just restart this account from scratch?

 

The account entered dispute many months ago and as i say i hae a letter from them stating that the debt would not be pursued and all informations was removed (after my conversation with the guy from EOS?).

 

thanks

DFF

 

Ok, not unexpected to be honest... Can you check that the letter definitely states that they would remove ALL data from the Credit reference agencies.....You might want to post up a scan (minus personal info)

 

if so:-

 

I'd write back and enclose a copy of the letter you received, something along the lines of...

 

Dear Sirs,

 

On routine inspection of my credit file I have noticed an entry from your firm which is currently showing in default. I am sure this is a basic administration mistake as I have a clear undertaking from yourselves that all data and reporting from yourselves on my credit file will cease.

 

I now require to perform this undertaking and confirm to me in writing in no less than 14 days from receipt (for the avoidance of doubt xx/xx/xxxx) that a) All data has been removed b) No further data will appear on my credit file from yourselves.

 

Failure to comply with the above request will result in either a complaint to the ICO and OFT for making misleading statements and thereby breaching the OFT's debt collection guidelines or a county court claim for breach of data protection.

 

I enclose a copy of your previous letter concluding matters.

 

Add two days for posting to the sending date and then 14 and put that date in (red), send recorded delivery.

 

S.

[DEBTFREEFUTURE]

Hi S

 

thanks for replying. They never actually agreed to remove information from my credit file - they wrote and said that they would no longer be pursuing the debt as they did not have a credit agreement for the account. They did however continue to enter information on my credit file resulting in 3 defaults for one account (they seperated my account into 3 seperate accounts). They also had passed the account onto EOS who also recorded defaults on my file - another company called Actio Albis then also recorded a default for the same account. I never recieved any default notices from any company informing me that a default was going to be issued. Therefore i contacted EOS who were responsible for their own data recording and for that of Actio and explained to them that i was extremely unhappy about the way i was treated - i told them that Freemans had agreed the debt would not be pursued and that they failed to comply with regulation in not issuing formal default notices. The man i spoke to was extremely nice, apologised and said that the information enetered by EOS and Actio would be removed and that he would also contact Freemans and ask them to remove the defaults also.

 

That was fine and all entries were removed by all parties including Freemans. I heard nothing more until December when Freemans sent a statement requesting minimum payment for outstanding balance and then added the account to my credit file as if it were a new account where their data entry starts from scratch. They have already said (in writing) that they will not be pursuing this debt and know that i will not be making any payments - i think they're trying to issue defaults 'properly' this time. Can i stop them from adding this account when they have already removed it once and and have said that the debt would not be pursued?

 

Thanks

DFF

[the_shadow]

Hi DF,

 

I understand better now thanks...

 

Ok so freemans split the accounts, did they register the default with the correct account number at all? so at least you could get the default corrected back to the proper default date. If they did you could write to the CRA's and advise them there is incorrect data and to sort it out... they'll state they have to go back to the lender... and probably drag there heels before stating its all correct... if you have proof of the entries on your credit file thens the time to threaten them with court action or a complaint to the ICO

 

If the relationship has broken down then the ICO's default guidelines state they dont HAVE to provide you with a default notice or notice of intent but its a nicety, I also suspect any complaint to the ICO will result in them backing Freemans who normally put in their CCA responses that they'll not chase the debt but they will mark your credit file accordingly.

 

We all know that without signed authorisation to the DPA they shouldnt be processing your data but the ICO doesnt really like to think like this, they'll say (and I've seen it on other catalog threads.. specifically littlewoods) that implied usage by ordering goods and receiving them means you agree to the terms and conditions... thats not to say its enforceable in court as pre april2007 agreements shouldnt be even where they can prove you've had the goods.

 

S.

[DEBTFREEFUTURE]

Hi S

 

thanks, apologies for confusing you - it can all get rather complicated!

They haven't yet registered another default and this time they have only one account added to my credit file - this is as it should be. I believe they will continue each month recording late payments until they can then enter a default. Is there anyting i can say or do to stop them entering this data. This account was opened about 8 years ago.

 

Thanks

DFF

[the_shadow]

Hi S

 

thanks, apologies for confusing you - it can all get rather complicated!

They haven't yet registered another default and this time they have only one account added to my credit file - this is as it should be. I believe they will continue each month recording late payments until they can then enter a default. Is there anyting i can say or do to stop them entering this data. This account was opened about 8 years ago.

 

Thanks

DFF

 

An account can only ever be defaulted on your CRA once, Did you ever receive a default notice served under s87(1) of the CCA, normally the default on the credit file gets marked a month or so later.

 

So it sounds like you say theyre doing things the proper way this time, i.e. allow 6/8 missed payments and then issue you another default notice, then will be the time when they will either give up or continue chasing you via a DCA.

 

As to removing it from your Credit file I dont think thats going to work, you could try issuing a section 10 DPA letter, (its in the DCA templates library I believe) but playing devil's advocate here... you've had the goods and hence they will say they need to warn other lenders from dealing with you for the next 6 years.

 

Taking a long term view on it, you might be able to offer a f&f offer which includes removal of all adverse data from your credit file?

 

Sorry not much help I know.

 

S.

[DEBTFREEFUTURE]

Hi S

 

thanks again for your quick response. I don't think i recieved a default notice. Given the fact that they registered a default once already but then removed it, could i possibly fight another default being registered on these grounds?

 

Otherwise i may as well try sending a section 10 data protection act letter.

 

Thanks again

DFF

[the_shadow]

Hi S

 

thanks again for your quick response. I don't think i recieved a default notice. Given the fact that they registered a default once already but then removed it, could i possibly fight another default being registered on these grounds?

 

Otherwise i may as well try sending a section 10 data protection act letter.

 

Thanks again

DFF

 

Sorry, I'm not making the point very well... a default notice served under the CCA is NOTHING to do with a default marked on your credit file.

 

They normally do have to advise you when a default is placed on your credit file and they do this via the default notice or termination letter but its not a requirement where the relationship has broken down (i.e. through specific non-repayment, where you have advised the lender you will not be repaying them)

 

S.

[Nicmac1]

Hi, im in exactly the same position with Freemans were as they had added PPI to my account without my knowledge, when challenged, it was then that i noticed on the credit reports that this account had been split into 3 accounts albeit all with the same account ref number. all 3 accounts also held different personal data included inacurate DOB, they also have one of the accounts dated Mar 2005 that it was opened from a house that wasnt built at that time, but they refuse to remove or amend the inacuracies excersising there right under SCHEDULE 2 (Section 4) Data Protection 1998. This is very much out of my comfort zone and the more i find out how these companies work the more i dislike and hate people taking advantage of people when they are vulnerable. I have decided that it is now time to take court action, after reading a lot of issues regarding the information commissioners office, FSA,FSO, i believe that court action is the only way to stop this sort of behaviour. " and i dont take this decision lightly.

[Nicmac1]

about to start court action against Freemans

and just want to ask if anyone has purchased the new guide to the small claims which is here on the home page, and really if it is laid out in laymans terms for the like of me. Thanks in advance.

[the_shadow]

about to start court action against Freemans

and just want to ask if anyone has purchased the new guide to the small claims which is here on the home page, and really if it is laid out in laymans terms for the like of me. Thanks in advance.

 

It is good but its mainly for money claims whereas I'm guessing you'll be complaining against the creditor for a data protection violation.

 

IMVHO I would if I was you:-

 

a) Purchase the book as it helps the site and will give you valuable info on starting a claim

 

b) Read up in the Data Protection thread for details of how to word the Particulars of Claim

 

c) Possibly complain first to the ICO which is free, theyre slow but it may resolve the problem of 3 accounts from one easier than court. They will still say they are able to report one account to the CRA and I think given the recent ruling on s78 responses that will be upheld by the court as well.

 

S.

[Nicmac1]

Hi S

 

Thank you for the email.

I will buy the book and also pursue for financial dmages/compo too because right now i should have gone back to work but cant because im constantly thinking about this issue/s

 

I have a few issues with this company.

 

1.) Non compliance of SAR despite cashing my cheque and realising they have added it to my account balance.

 

2.) Under the current circumstances that they want to enforce one of three accounts for which they refuse to update incorrect info ie DOB/Address/date of opening account i have asked for SAR to identify if this is in fact my account. As stated above they have not sent anything and are now out of time. But they continue to report late payments on my CR and send me threatening letters by the day if i dont pay. I did pay off an account in Nov 09 for which i was satisfied was my account. This account held all relevant details correctly and date of account opening was correct. I dont understand how they could have 3 accounts all with different info .....yet all stated under the 1 number.

3.) PPI....there is also an issue with PPI being added to the account without my permission, when queried i was told it was added to protect my payments should i ever be in a position not to uphold my commitments, yet for this first time in my entire life i had a really bad couple of months and when i acted upon the PPI being in place it was not suitable to me.

 

So really what i want from this company is a number of things.

 

1.) remove all negative data from my CR files relating to these accounts because they are inacurate and are causing me distress.

2.) I want this company to give me the RIGHT of access to my personal data in order for me to accept or decline these accounts.

3.) I want this company to compensate me for the PPI F.U.

4.) I want them to remove any info relating to any outstanding amounts including all charges administed because of there lack of transparansy

5.) I want compensate for the grief caused when this was highly unecassary.

6.) And lastly i want them to apologise for making me go grey with frustration and the obvious lack of common sense that could/should avvert these situations.

***wont be holding my breath but im gonna have a bloody good go at them because they are in the wrong on all accounts above. ***

[the_shadow]

Ok Nicmac1 you really need to start your own thread and then I can advise on it.

 

For starters if your sar has gone beyond 40 days then a letter of warning to comply needs to be sent to freemans giving them 7 days to respond... if they dont then a complaint to the ICO should be made.

 

If you start another thread and give me a link I'll respond on that one.

 

S.

[Nicmac1]

thank you

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/244223-freemans-default-issues.html