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Statute Barred and CRA Entries

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Hello,

 

Though it better to start my own thread as I'm sure I'm starting to tread on peoples toes!

 

Okay here's the problem. DCA's circumvent the 6 year rule by placing searches on CRA's showing the words 'outstanding debt'. There is guidance and awareness from the ICO that this should not happen. I made a complaint about dear old Mackenzie Hall and it took the ICO all of nine (!) months to finally respond - coincidentally a week after the entries vanished as they 2 years was up.

I have now come to see 'Clarity' make 3 entries, 2 of which were on the same day. They refuse to remove them and the CRA's attitude is so aloof that none of them are concerned about file entry errors.

 

Some input would be great as I could ramble on forever on this.

 

Thanks

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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The DCA's and CRA's are in each others pockets.

 

I would write to whichever DCA's have placed entries on your file requesting that they remove them immediately.

 

Then file a separate complaint with the CRA's copying in the ICO.

 

If you are deadly serious, then you should make it clear to them that you are also going to claim for damages for each incorrect entry, currently stands at £1000 per entry, however, you should only threaten this if you are seriously going to go down this avenue.

 

Failing that all you can really do, is complain to the ICO and the CRA and use their complaints procedure to it's entirety, or until you get the desired result..;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This is pretty shocking IS.

 

Will try and find some information for you.

 

:)


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BB,

Could you inform me where I can gather the information on the incorrect entry leading to a £1000 fine for the creditor?

Also I know this is a grey area but whilst an account is in dispute that does prevent them from placing adverse info on your credit file?

It is with this in mind that I want to learn the procedure

Thanks

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Not sure which searches show "outstanding balance" or how that would effect your credit rating, so I'm a little confuzzed there. :confused:

 

If there's ICO advice it shoudn't happen, take them to Court and produce that advice to show the basis of the claim.

 

Why you'd wait so long for the I.C.O to even reply is beyond me - much simplier to sue them for inaccurate processing under the DPA and using the I.C.O's advice to support your claim ;)


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Car, I think what is happening is where a statute barred debt is involved.. the DCA / tracing agent is doing a search and placing the comment "outstanding debt" on the record.

 

It seems very unfair that they can get away with this.:(

 

IS, if you were to take the court route.. would you be exempt from the fees ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Not sure which searches show "outstanding balance" or how that would effect your credit rating, so I'm a little confuzzed there. :confused:

 

If there's ICO advice it shoudn't happen, take them to Court and produce that advice to show the basis of the claim.

 

Why you'd wait so long for the I.C.O to even reply is beyond me - much simplier to sue them for inaccurate processing under the DPA and using the I.C.O's advice to support your claim ;)

 

The listing is 'Outstanding Debt' and not 'balance'. The search is performed and any potential lender will see it's a DCA with the reason stated. I waited so long because I thought at the time it was correct. You know do everything you should that's usually suggested. My dilemma was that the ICO took so long to reply and even now the DCA's and CRA's just 'ignore you'.

What I want to do is, yes take them to court and use the DPA as the argument notwithstanding that they would know before doing the searches when the default were dated. This now wanders into the area of 'where they authorised' and that appears to be effectively a 'no'. Are lenders not supposed to advise you of debt movements from company to company?

 

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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BB,

Could you inform me where I can gather the information on the incorrect entry leading to a £1000 fine for the creditor?

Also I know this is a grey area but whilst an account is in dispute that does prevent them from placing adverse info on your credit file?

It is with this in mind that I want to learn the procedure

Thanks

Dont want to hijack the thread but it is very relevant to us helping everyone in the future could someone answer

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I am aware that certain searches on your CRF are only seen by 'you' and the agency who has done that search.

But it really does beg the question why the CRA's allow 'agencies' to search your CRF without your express permission.

I remember buying a TV and being 'formally' asked if it was 'OK' for them to do a credit search....no problem whatsoever, but unscrupulous leeches like these doing a search without your knowledge or consent is most definitely a matter for the ICO to answer, along with the CRA's, the more complaints, and the more people use their complaints system to it's entirety, then and only then will something be done about it..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am aware that certain searches on your CRF are only seen by 'you' and the agency who has done that search.

But it really does beg the question why the CRA's allow 'agencies' to search your CRF without your express permission.

I remember buying a TV and being 'formally' asked if it was 'OK' for them to do a credit search....no problem whatsoever, but unscrupulous leeches like these doing a search without your knowledge or consent is most definitely a matter for the ICO to answer, along with the CRA's, the more complaints, and the more people use their complaints system to it's entirety, then and only then will something be done about it..

 

Those comments are welcome but you know, I don't think whatever happens the ICO will progress. I might have thought so months ago but heck, 8 months to reply to my compalint beggars belief!

'Outstanding Debt' searches by kickass [sic] DCA's will show up on searches by potential lenders. It does not take long to read 'between the lines' to detect 'this applicant has problems'.

I agree, if asked then there's no problem. However to wander to your file and see stuff that quite shocks you should never happen. All this 'tosh' on TV ads from CRA's amazes me to say the least. These CRA's in fact believe they are totally above any laws and are just cash cows and it saddens me to say that.

 

Michael

(who wants a Santa with 'clout' for Christmas!)


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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BB,

Could you inform me where I can gather the information on the incorrect entry leading to a £1000 fine for the creditor?

 

Sorry exas, I can't find the relevant info anywhere at the minute, knew I should have bookmarked it!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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IS, 8 months is an unbelievably ridiculous time frame in which to investigate your complaint, so I would be prepared to take the ICO to task over this, and use their own complaints procedure to get them to sit up and take note.

Satisfied with our service? - Information Commissioner's Office - ICO


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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IS, 8 months is an unbelievably ridiculous time frame in which to investigate your complaint, so I would be prepared to take the ICO to task over this, and use their own complaints procedure to get them to sit up and take note.

Satisfied with our service? - Information Commissioner's Office - ICO

 

Thank you for that - I will certainly complain! Can I ask you though, by me complaining what will it actually achieve or gain though? Will they help me more or improve their 'service'?

Since my last posts I have now 3 entries from the DCA called 'Clarity'. These if at all, all refer to 'Statute Barred' debts but they refuse to remove them. The ICO told me that DCA's are aware of limitation but alas they are just laughing at me it would seem. This includes the (Equifax) CRA whose attitude is so alloof I hope their operators fall on spikey pointed things!

I in fact hope both the DCA and CRA involved are reading this. They are so up themselves though that I doubt they see they are doing anything both wrong and illegal! I DO intend to take both to County Court though and claim my £1k damages per entry if I ever see the data to support it.

 

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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The service they are meant to provide is dire, which is why you must use their complaints procedure, as well as making a formal complaint to the CRA's that have allowed third parties to place defaults on your credit file without your knowledge or permission, The ICO must improve it's rotten service, they are failing to do what they are designed to do, thereby drawing wages under false pretences.

 

If you don't complain about being treated so abysmally and being laughed at then they will never improve or take their job seriously.

COMPLAIN COMPLAIN COMPLAIN!!!!!:rolleyes:

 

Here is Clarity's complaints procedure,http://www.claritycreditmanagement.co.uk/complaints.htm

 

And as they are 'supposedly' Members of the Debt buyers and sellers group (CSA) make a formal complaint to them also;http://www.csaconsumers-uk.com/page/i-have-a-complaint

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The service they are meant to provide is dire, which is why you must use their complaints procedure, as well as making a formal complaint to the CRA's that have allowed third parties to place defaults on your credit file without your knowledge or permission, The ICO must improve it's rotten service, they are failing to do what they are designed to do, thereby drawing wages under false pretences.

 

If you don't complain about being treated so abysmally and being laughed at then they will never improve or take their job seriously.

COMPLAIN COMPLAIN COMPLAIN!!!!!:rolleyes:

 

Here is Clarity's complaints procedure,Complaints Procedure : Clarity Credit Management

 

And as they are 'supposedly' Members of the Debt buyers and sellers group (CSA) make a formal complaint to them also;I have a complaint

 

Thanks again for this further help ...

I actually thought of taking the CRA and DCA to court because that's the only real way they'll listen. Whilst I will complain to the ICO I feel that these things get treated as single instances whereas we know there are probably thousands. In other words the DCA's and CRA's simply continue in a circle.

Just some guidance on what I should be doing in court would be appreciated. I know for one that under ICO rules the entries should not have been even made never mind them not being removed. I believe that I should have been asked permission for the searches and I certainly have no idea what these statute barred debts even refer to. The fact that these people have made searches and seen my private data concerns me.

 

Michael

Edited by InformedSearcher

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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