Me v Phoenix recovery services.

[mestonian]

Hi all, im after some advice regarding an account that was on my credit file. The story goes i checked my credit file after been turned down for car finance and found 4 defaults!!

 

One of these were from Phoenix on behalf of Littlewoods so i did a little digging thanks to the advise and templates given on this great site (cca'd them) and got the reply of no signed agreement.... suprise suprise!

 

A swift account in dispute letter was sent but i also disputed this (and other accounts) with equifax who also contacted them on my behalf. Today got a message through Equifax from Phoenix saying..... "as the customer has requested a copy of the signed agreement and littlewoods are unable to provide this, this entry will be removed from the cutomers credit file in our monthly submission due to littlewoods withdrawing this account from us. We are no longer persuing this account."

 

Good news me thinks! Just recently checked my report and its been removed default and all!!

 

My question is this though, can littlewoods pull the account back and re submit and default again? (knowing how these companys work, probably)

 

(oh and the whole process has taken 1.5 months approx thanks to help of other caggers):)

 

Hope someone can advise (oh and these are truthfully not my accounts)

Edited April 13, 2010 by mestonian

[dx100uk]

i would say not

you are lucky with getting the adverse info removed , something many caggers will jump on.

 

typically it matters not they have no agreement, they still report to the CRA's.

 

well done

 

dx

[alfwithhair]

Any chance of a look at the letter you send equifax?

Many people on here have been trying for years to get defaults removed on account where no signed agreement is in existance.

[mestonian]

I just filled out an on-line dispute form with equifax and they did the leg work as well as all the usual letters from myself.

 

I must admit it is horrible feeling looking at your credit report and seeing what i saw!

[dx100uk]

what about experian, how does your file there show?

 

dx

[mestonian]

It was updated last night and has also been removed. in my personal experience of dealing with the cra's i have found only Equifax willing to do anything in a reasonable timeframe.

[dx100uk]

wow

i'm impressed!!!

 

dx

[mestonian]

Youre not the only one!!

[DonkeyB]

Today got a message through Equifax from Phoenix saying..... "as the customer has requested a copy of the signed agreement and littlewoods are unable to provide this, this entry will be removed from the cutomers credit file in our monthly submission due to littlewoods withdrawing this account from us. We are no longer persuing this account."

 

 

Something fishy here. Phoenix Recoveries UK Ltd SARL is a debt BUYER - Littlewoods could not at any point withdraw the account, as they don't own it any more. They are being economical with the truth.

 

You should also look up

 

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

 

regarding damage to your credit status.

[mestonian]

Hi Donkeyb,

 

I see what your saying but surely that would mean that as littlewoods sold the debt to Phoenix then they are satisfied and because Phoenix have removed this entry then thats the end off this little saga? But for how long? Thanks for the link ill have a close look at that case.

[DonkeyB]

Well, if they have sold a debt they can't even prove was yours, none of the parties involved has made any attempt to verify the fact.

 

Which company posted the default? When was it originally applied?

[mestonian]

The default was actually posted by Phoenix i think but when i was originally digging it went from littlewoods to credit account management then phoenix so i suppose its possible it could have been any. The date the default was applied was 31/12/2007 so im guessing it probably wouldnt have fit in the statutory time scale anyway around christmas but they never provided a copy.

[DonkeyB]

Your next problem is finding Phoenix to complain to them! I'm sure you can find the threads on here that show what a shadowy outfit they are.

[babybear39]

Report all the companies involved with this error including the OC to TS, the OFT, the FOS and the ICO. I believe standard compensation for inaccurate credit file reporting attracts a damages claim worth around £1000 for each offence

[mestonian]

Really? Thats not a bad ball park figure, to be honest just turning the tables and making them pay even £100 would be priceless!!!