CRA's and previous addresses

[247orbital]

I can't find anywhere where it states that defaults have to registered within 6 months?

[silverfox1961]

Hi,

I can see it on page 6 (part 11)

[247orbital]

you mean this,

 

Page 6 Part 11 of the ICO Guidelines on Filing Defaults with Credit Reference Agencies States:

Accounts should normally be filed in default where those payments due have not been received for six months.

[silverfox1961]

you mean this,

 

Page 6 Part 11 of the ICO Guidelines on Filing Defaults with Credit Reference Agencies States:

Accounts should normally be filed in default where those payments due have not been received for six months.

 

Yes. ( I do know of one creditor who defaulte later than that)

[The Debt Star]

The ICO Guidance permits creditors some flexibility on filing. Does this extend to WHEN defaults are filed?

[silverfox1961]

I think the flexibility issue is where a debt problem is out of the 'norm' (arrangement to pay, payment break)

Where a debt is 'cut and dried' then I don't believe much leeway can be given

[247orbital]

well I have one thats 14 months late and another which is 20 months later than the original default date.

 

Spoke to the ICO and cases for both have been opened.

[The Debt Star]

And have you had to wait long for the ICO to respond? That's a big problem imo as I have been waiting 9 months for a complaint I lodged last year to even be allocated.

[247orbital]

I don't actually expect them to do anything really, the markers already been removed from my CF.

 

I will be lodging a cheeky compensation claim though very soon.

 

Hopefully it will just be another black mark against a certain DCA's name.

[The Debt Star]

I will be lodging a cheeky compensation claim though very soon.

 

 

Have you actually incurred any loss? Does that need to be established...? I'm not sure...have read somewhere its a £1K claim for every item of inaccurate data recorded but not sure if this is correct.......................

[cerberusalert]

£1K claim for every item of inaccurate data recorded but not sure if this is correct................

Kpophraror V Woolwich Building Society [1996] 4 All ER 119

[nicklea]

as the debt star says, you need to demonstrate that you have actually suffered some damage.

 

Although cerberus quotes the Kpohraror case above, what actually happened in that case is that the bank bounced the guys cheque when he actually had the money in his account. His claim for damages was based on the fact that the bank returned his cheque telling the people he had purchased from that his cheque had bounced.

 

I would suggest that you might not get very far with this unless you can demonstrate that, for example, you have made a credit application that was turned down

[The Debt Star]

I would suggest that you might not get very far with this unless you can demonstrate that, for example, you have made a credit application that was turned down

 

and of course proving that an application is turned down because of what's on the credit report could prove difficult, if not impossible, to establish.

[Tingy]

IMO the ICO is a waste of time. I have always bypassed them and gone straight to a LBA. I know this goes against good practice, but if you have to wait a year or more to get a decision and then, despite very clear evidence of offences being committed the ICO rules against you, what is the point?

[247orbital]

After the 6 years has expired and the default has dropped off my CF, are DCA's still allowed to carry out searches on my CF? I was under the impression that after 6 years they no longer had any right to process my data?

[The Debt Star]

After the 6 years has expired and the default has dropped off my CF, are DCA's still allowed to carry out searches on my CF? I was under the impression that after 6 years they no longer had any right to process my data?

 

They can search you i think - and of course continue to pester you for the rest of your natural life. What the creditor cannot do is record any further adverse data in relation to that account. But searches are another matter...

 

I think I'm right in this but stand to be corrected.

[247orbital]

Well as long as those searches are NOT table 1 searches and are not excessive (no more than 2 per year max) they can do what they like.

[The Debt Star]

Agreed. But I suspect they will not be soft footprint searches and will show on your files. There should only be one search per DCA anyway, otherwise you will have to write to the data manager at the DCAs.

[247orbital]

I'll write to the CRA's, they know full well DCA's are not allowed to do table 1 searches. Failure to remove them or allow repeated searches will be met with legal action.

After 6 years from the date of default I'll also serve Section 10 notices on any DCA's processing my data, if ignored they will also be challenged in court.

[The Debt Star]

I review my credit files weekly to see what's going on. All sorts of crap gets put there and you need to keep on top of it and get it taken off. I honestly don't care if Experian get sick to death of my emails and 'phone calls.

[247orbital]

I recently sent Equifax a £2 cheque for my credit report which has been confirmed as cashed by my bank. This was sent mid September and the cheque cashed late September. To date I have still not received my report. I was under the impression that the CRA had 7 days to send my report?

 

If anyone has a contact telephone number so I can pursue this I'd appreciate it.

[247orbital]

I recently sent Equifax a £2 cheque for my credit report which has been confirmed as cashed by my bank. This was sent mid September and the cheque cashed late September. To date I have still not received my report. I was under the impression that the CRA had 7 days to send my report?

 

If anyone has a contact telephone number so I can pursue this I'd appreciate it.

[MARTIN3030]

0844 41 46 073

[247orbital]

number not in use

[Revenant]

Go to "Saynoto0870" do a search for Equifax and you'll find a list of alternate numbers

 

R