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Goatan

Unauthorised credit search

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I am currently in dispute with PAyday express over an account i have never had with them. i now find that they have made a credit search without my permission. I have contacted credit expert who have contacted payday express and they say its accurate etc and that they can only put a correction and not remove the search. I belive payday express have done this to try and damage my credit file what action can i take against payday express\experian to get this removed from my credit file.


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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1. Which CRA are holding the entry.

2. Under which heading is the search posted.

3. Have you sent CRA request?

4. Never talk to the creditor or a DCA by phone.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just recently every other month or so i get an unauthorized search on my credit file by payday express. am i able to tel the credit reference agencies that payday express do not have permission to search and that they never will have. Also any ideas on how to get this search taken off as it was not authorised.


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Have you any financial relationship with Payday Express? If you do then by way of using them for a payday loan then I guess they can probably search your file as per the payday loan.

 

Also and this is just my own observation but if you are using Payday Express I would try and dispense with them altogether, with published interest rates of 1737.2% http://www.paydayexpress.co.uk

you're on a hiding to nothing. Payday loans of any description should be banned.


I reside in Dawlish Warren but am not a rabbit.

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Well i did use them nearly a year ago for one month, but cant believe that gives them the right the look at my credit file whenever they fancy after i have paid them off. Whilst it did get me out of a tight spot I agree they should be banned it seems the way the behave in general is just unethical.


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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If you have no business with them now I would contact the CRA in question and ask for them to remove the entries, they wont but what they will/should do is then write to

Payday Express with a view to them removing them. If then after the CRA has written to Payday Express and they're not removed/stopped then I would first write to

PayDay express asking for A/ An explanation as to why they keep searching your credit file and B/ A complaint to the ICO ...They should not be searching your credit file

if you have no financial business with them.


I reside in Dawlish Warren but am not a rabbit.

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i have contacted the CRA and let them know. I have also e-mailed Payday Express (PE) and there now asking for an up to date Credit report before they can help. Umm you already have it that's what I'm complaining about cant see why they would need that to help so may just complain to the ICO straight away as they are playing silly buggers.:-x.

The below is my reply to them, depending on how they reply to this I will fire of a complaint to the ICO.

 

Hi,

I have had no previous dealings with your company. I do not had out personal information without good reason .

I can see no reason you would need an up to date copy of my credit agreement to help me.

You already have an up to date copy this is what I am complaining about.

Please give a reason why you need a second up to date copy of my credit file as this feels like a fishing exercise than an attempt to help.

Please explain the continued unauthorised searches on my credit file please ceased and desist these credit searches on my file.

regards


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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I'd simply write to Payday requesting deletion of the entries to your credit file, give them your name, address which I assume they have

anyway and give the dates of the entries on your credit file that you want removing. But before you do any of that I'd allow the CRA

a weeks grace to see what they say re Payday (presumably you asked that they contact Payday?


I reside in Dawlish Warren but am not a rabbit.

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Yes i have asked the CRA's to contact payday. i did end up sending that e-mail interestingly they went from replying to my e-mails very quickly (in terms of response times payday express have actually been the best company i have ever dealt replying in just 3-5 minutes) to not replying to last one. will let things settle for the monment and see what replies i get. Many thanks for your advice so fart deb t.


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Well I have a reply back from experian saying that they cant remove without authorisation of payday and payday are strangley silent after my last e-mail pointing out ther silly request for something that they have had many times. Time for a complaint to the ICO.


Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

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Yes I would and as per usual the CRA pass the buck like the useless articles they are. I would make two separate complaint to the ICO on both Payday and the CRA

as no doubt the CRA will have pointed you to a letter from the ICO to them (cra) where the ico were asked to clarify their posistion as to what was considered a reasonable

enquiry by a CRA to a company making a search in the event of the search being questioned by the person being searched? As long as they the CRA simply write to

the company doing the search asking for clairifiaction it appears that the CRA has fulfilled their obligations and have nothing further to do....which to me is a complete

joke and I do not believe it is how the ICO meant their clarification to be interpreted? My complaint brings that letter up and I've asked the CRA to further qualify their

remarks/comments in the letter. The ICO have written back stating that they are taking advice and will be writing to me shortly...so we'll see.

 

Write to Payday by recorded delivery requesting answers to your questions and removal of the previous searches and answers to why they continue to search. Create a

verifiable paper trail so that when they are put on the spot you have the evidence to hand. The fact that they do not reply is a ball ache but one that will work in your

favour in the end. Include in your letter that you have made a formal complaint with the ICO etc....and maybe even send your letter cc of the ceo of Payday...make

a nuisance of yourself etc.


I reside in Dawlish Warren but am not a rabbit.

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The CRA's have no legal right to keep any information on you that you don't want them to, with the exception of:

*Public information, such as CCJ's, IVA's and CIFAS.

*Any current CCA's that are still live/outstanding as you signed and gave them the right to process your data

 

Even if you used payday express ages ago, if you paid them then you have no financial connection with them anymore. Therefore they have no right to process your data. The CRA's have no right to process this data, they are not (even though they like to think so) the law, nor are they a government agency. There is no law allowing them to continue processing information, they may claim a '6 year rule', this is rubbish.

 

You are afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which you data is collated, stored and processed.


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Hi everyone,

I am new to site so sorry in advance if i post or do something in wrong place !

I have many searches on my file from payday express and never has loan with them only once last summer did i check there site nad might have had search then , i tried to look at their site yest to see where it would have said do i agree to having a credit search and didnt ,then today my file shows they did credit search om me yest !

HELP???

Ihave mailed patday but no reply

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Hi, if you have taken out a loan you must accept that

your ability to meet your obligation will be checked and I van guess

that you have accessed their site and made an inquiry

about your suitability for a loan and a search would be done

If it's a straight forward credit app report or an ''unrecorded''

ID search IT DOES NOT IMPACT ON YOUR REPORT


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, if you have taken out a loan you must accept that

your ability to meet your obligation will be checked and I van guess

that you have accessed their site and made an inquiry

about your suitability for a loan and a search would be done

If it's a straight forward credit app report or an ''unrecorded''

ID search IT DOES NOT IMPACT ON YOUR REPORT

 

 

I did mention i have not had a loan ,only did an application last summer but didnt take the loan,there is about 9 searches on my report and they are not the unrecorded type......still need help

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Are all the searches by one company as these web sites

share information with associated companies and other brokers

to find ''the right loan for you''

Each one will search, you will find the same thing

with insurance comparison sites they will check ID by searching.

Any way can you post up the wording of the search and if it's on Equifax which table it is in.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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