natwest 2 v firstship

[Bazooka Boo]

A default should only remain on your credit file for six years, yes you're correct.

 

You should raise the issue with the CRA who is processing inaccurate data.

[firstship]

Bazooka Boo thank you for your reply,I will follow your advice

 

regards

FS

[dx100uk]

its better to write to the bank

copy them the letter of default

 

 

give them 14 days to remove the whole account as it was defaulted more than 6yrs ago and should now not be showing.

or you'll complain to the ICO and seek compensation too.

[firstship]

dx100,thanks for your reply,I will put this in writing and as you suggest give them 14 days to react,

 

Thank you

 

FS

[dx100uk]

you must also attach a copy of the original default notice

[firstship]

dx100 yes thank you, I will add the default notice letter

 

FS

[firstship]

I am sure somebody has asked this question,but I cannot find it.

 

Why are CRAs allowed to record data from a third party (ie Bank) and yet take no responsibility for that data, as to whether it is true and does not contravene ICO REGS ,FCA REGS

 

 

as an example

I have a long running battle with Equifax, to remove incorrect data,

 

 

I have approached the bank/and Equifax 3 times,

the bank say NO,

Equifax state the bank refuse to remove the data and they are only acting on instructions,

 

 

the default was issued Feb 2009,

so according to ICO should not show on any CRA file,

and Equifax are not interested at all that I can prove the default date in writing.

 

 

Because I don't pay them anything I assume

 

FS

[Bazooka Boo]

Have you got all of this in writing?

 

Have you got all of the evidence needed to sue them in court for defamation?

 

The real reason why the CRAs take no interest in you as an individual, is simply because they get paid by the DCA's for marking your files.

 

As soon as you make it known, in writing, that the information on your credit file is inaccurate and they need to remove/process accurately, or you WILL seek legal remedy, then they begin to sit up and take notice.

 

IMO, I'd write to them once more, advise them to remove the inaccurate data within seven working days, OR you WILL start legal proceedings against them, the data controller, for defamation.

 

You also need to make a complaint to the ICO regarding them.

[firstship]

Bazooka,thanks for your reply ,

 

 

I have all the relevant documentation ,

although I didn't put this in the post above,

 

 

also in writing from the bank in response to my SAR May 2009

I have the letter that states they are unable to find any documentation regarding this loan account,

so the account is also Statute Barred as well,

 

 

I have advised Equifax and the Bank of these facts,

and each time I write to them I make it very clear that my letter does not acknowledge the existence of the account, so naturally I haven't paid a single penny for nearly 8 years.

 

Have made an online complaint to ICO, and as you suggest I will send one final letter stating removal within 7 days or I will seek a Legal Remedy

 

Again thanks for your help

 

FS

[dx100uk]

you write to the original creditor

you enclose proof of the defaulted date

you give them 14 days to remove the wrongful data on aLL CRF providers files

or you will raise a complaint with the ICO

and seek financial Compensation.

 

 

dx

[dx100uk]

4 threads merged,

same advise given weeks ago.

 

 

so have you done so?

 

 

dx

[firstship]

As I have already stated the ICO have been involved and there is a FINAL letter going of to the bank concerned,HOWEVER my question concerns the lack of responsibility taken by the CRAs,they are getting away without being RESPONSIBLE for any of the data they publish and that is not right in my opinion

 

FS

[dx100uk]

Not really as its the banks that inform them

You route is as post 13

[ericsbrother]

you are or were paying the debt off so you have acknowledged the debt and that means the debt doesnt become SB until 6 years after your last payment or acknowledgement of the debt was made.

 

Regarding your last point,

if the information is incorrect you may sue the people who place that information on your credit file for the resultant damages and the CRA will correct the file to show a true record with regard to the information given to them by the originator.

 

If they refuse to correct it them you can chase them for contempt of court ut ultimately it is still the bank or whoever is providing that information who is responsible.

 

As your files are not srictly in the public domain the laws of libel and their burden of proof that is the reverse of most law doesnt apply and you have to prove that damage has been done to your reputation.

[firstship]

Default letter Feb 2009,

SAR May 2009,

June 2009 Bank confirmed in writing they could not provide any documentation concerning the account,

 

 

I have not paid a penny since June 2009,

 

 

or acknowledge the account so SB

[dx100uk]

the fact that a debt might be sb'd has little or no relationship to if/if not the account shows on your credit file.

 

 

that is dictated by a default notice issuance.

[firstship]

agree, however the account is well over 6 years old and should not be on any credit file,hence the ICO complaint,and final letter to bank

[Bazooka Boo]

agree, however the account is well over 6 years old and should not be on any credit file,hence the ICO complaint,and final letter to bank

 

What is the date next to the default on your credit file?

 

The default will not drop off your credit file UNTIL the sixth year anniversary of it being placed on there.

 

Makes no difference the age of the account.

[dx100uk]

I know bb but fs appears not be be understanding things......?

[firstship]

Just an update all information regarding the SB Loan has been removed from all CRAs,, thanks for your help, much appreciated

 

FS

[dx100uk]

So the default reached its 6th birthday then?

[firstship]

Yes it had reached it's 6th birthday ,the bank where just being bloody minded, from the date I advised them that ICO and FOS had been advised ,they moved quickly ,Any way the matter is now settled

 

Thank you

 

FS

[dx100uk]

great i'll mark the thread resolved.

 

 

glad we helped

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

Please help.

[dx100uk]

who was the bank please

[firstship]

Natwest