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Removing a Default

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My husband has had a torrid time with 1st Credit over many years after they chased him for a debt they say he owes with the Halifax. He's never had any dealings with the Halifax and has told them he thinks they've got the wrong man. Didn't matter to them - they bullied him relentless until he got the Ombudsmand involved and they suddenly admitted "Hey, we got no paperwork so we're dropping the matter".

Recently, my husband applied for an overdraft and was refused, the bank say it's because of a default against his name issued by 1st Credit. It says 2006 on his current report but he got a copy of his credit report in 2008 and it didn't show up then so can it be applied with a date in the past?

Anyway, this has the capacity to financially ruin us. We probably won't get the mortgage we need or a business loan. Can I get it removed? It seems like extortion to me. 1st Credit basically say "we don't care if we've got the wrong person, pay us £1500 or we'll financially ruin you". I want it gone - quick. Would we have a case for damages if we took it to Court?

If anyone knows what to do, it's you lot.

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Hi,

I would immediiately write to 1st Credit, demanding the removal of the incorrect and unlawful information along with suitable compensation for marking your credit file with incorrect info AND without your permission.

 

Failure to do so within, say, 7 or 14 days will result in a court claim against them

 

Write to the CRA as well informing them of the incorrect info and remind them that they are jointly liable for any unlawful activity on the account


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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You can sue both 1st Credit and the CRA if they do not remove it for damages, see this thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2127681


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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My humble opinion is that it would hurt to include in the letter to 1st Credit that you know they are under scrutiny of the Office of Fair Trading:

 

see

OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Thanks for the advice guys. We have sent a letter to 1st Credit today via recorded delivery. We've asked them to remove the default within 10 days and we won't take further action. We've told them they must reply, inofrming us of their decision and, if they won't remove the default, we want details as to why. As a footnote to my letter, I wrote:-

"I notice that the OFT issued 1st Credit with a severe reprimand in February 2009 for improper practices. 1st Credit, in response to this, vowed to improve their business practices and respond to customer complaints. I do hope that this was not just an empty gesture. I look forward to receiving your response in timely fashion".

 

 

Fingers crossed that this will do the trick. Otherwise, we'll not let it rest until we sort it out.

Will post an update.

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I would advice you to also write to the CRA as well. Here is the guidance provided by the IOC and Experian has it actually posted on their website!

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

Look at sections 40 and 41, especially 41. If you query the information, they have to write to the “creditor” and ask then to substantiate it. The “creditor” then has 28 days to do that otherwise they have to remove the entry.

 

Doubt that 1st Credit will respond and it will take then 28 days but you will have to “encourage” the CRA’s to remove it. They are known for their reluctance to comply.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Regarding whether you have a case against them, certainly and the Case Law been used by everyone is:

 

Kpohraror v Woolwich Building Society-199-1

 

Here is one place where you can find it:

 

39_Kpohraror_v_Woolw - Penalty A

 

If you do a search about this case, you will find tons of references to it! Quote this in a any correspondence, should you have to write to 1st Credit again.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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WE HAVE SUCCESS.

1st Credit replied to me today stating that they have removed the default against my husbands name. But (and this is the sticking point) they say that they have "opened an investigation" into the origin of the debt and they reserve the right to reinstate the default should it be necessary.

I have now opened a case with the Ombudsman as this is totally out of order to leave it hanging over us like this. They said the debt refers to a Bank Account but can't tell us when it was opened or anything else about it. On some letters, they've spelt my husbands name wrong so they could easily have the wrong man.

I'll not be happy until they send us written confirmation that they will go away and never bother us again. The woman at the FOS was very positive that we have a good case for that.

I also notice that the CSA (who i'm complaining to about 1st Credit) calls CAG their "nemesis" - how cool is that? You annoy them that much. Every time I use CAG I will donate money to it so I can do my bit to make sure you carry on getting on the nerves of the entire credit industry.

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It is good news!!!

 

Just for info:

 

When you make a complaint to the Financial Ombudsman, they will charge them (1st Credit in this case) a minimum of £500 for investigating it, no matter what the outcome. Suits them well!!


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Keep checking your credit files, they have the habit of sneaking it back in, sometimes they think people are using the month free trial and will stop checking after a month. It is good that you keep the heat up! Getting an admittance and as much evidence against them is for your own protection.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Wow this is spot on for me, so literally write to the creditor stating you want the default removed as it was invalid within 7 days, otherwise it will result in a court claim against them?

 

Cheers

 

E!

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If the information on the credit file is incorrect then both the CRA and the Originator are in breach of the Data Protection Act 1998.

 

It is clear from the IOC guidelines, link above, and there is case law for suing them, also alink above. Actually, they have both an obligation for ensuring that it is correct BEFORE displaying it and even if they remove it, you can still sue them because they have already caused damage! The CRA's do try to wash their hands but they are joined responsible!

 

They have to remove it but they try all kinds of tricks to avoid it, just be firm and persistent. Keeping it on after they have been informed that it is incorrect just make them digging their grave deeper.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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