Blackhorse keep changing default date everytime in gets near 6yrs

[Samndazzle]

Update

I have been requested by the FOS to provide documented evidence that my credit was unfairly loaded by innacurate information placed on credit file

IE a written quote on what my rates of interest were and what they would of been to assess the damage caused.

 

Ive spoken verbally to the officer and mentioned the only bad mark on my credit file over the 10 years was the wrong default information

and cannot prove what my rate of finance would of been had i not been defaulted as all lines of credit from normal banks were refused to me

 

In fact by there way of reckoning do I need to thank Black horse and pay them for not getting myself into debt over these 10 years?

 

As i understand the way credit history works the older a default date the less of a risk i become so if every 6 months my default date is removed

and re inserted with a new date then im assuming it causes havoc

 

As i understand it banks do not publish interest rates the give you the rate after your details are looked at

so how can i prove i have been paying a premium as requested?

 

I have a week to forulate this evidence before the FSO make a ruling can anyone help please?

[citizenB]

If you need more time to provide the FOS with information, then just advise them that you are intending to respond, but will need more time.

 

Meanwhile I will ask someone to look in on you.

[slick132]

Hi Sam,

 

As CitB says, if you need more time to reply with info to the FOS, tell them you require an extra 7 or 14 days and would they hold off making any decision until then.

 

I assume the FOS is trying to see if you suffered any quantifiable loss as a direct result of the inaccurate DN.

 

1. Did you take on any borrowing when the DN was wrongly showing.

 

2. If so, what sort of loan or credit was it.

 

3. Did this credit cost you more than it should as a result of the DN.

[Durkin]

Hi Sam,

 

Mention that a court would award £8K just for general damages to creditworthiness. No proof of specific loss required.

 

Use my case, including the appeal, as "evidence".

 

Cheers,

 

Richard.

[Samndazzle]

During the last 12 years

 

i have flatly been refused any form of credit from conventional lenders simply because I was according to them uncreditworthy

 

I do not understand how the credit system works

 

even now all i know is if you make a mistake somehow you will pay either with a flat refusal or an elevated rate

its impossible to know how elevated the risk you are as lenders do not give this information to you

ie were loading the premium because 3 years ago you have a default from xx rate to xx rate

 

When we was homeless again we lost our deposit with letting agencies who refused to rent us a property because of information on our credit file,

again it does not say which information they disliked and as the only poor information was this repeated fictional debt

id like to say its that but cant prove that was the landlords reason specificly

 

The mess get worse we have the ICO refusing to take any further action against BH because in there words

they are unlikely to get compliance and the FSA deciding now victims must prove they were mistreated specifly from ilegal information placed

and understand a system that is not made public to the victim IE he way credit ratings work

 

I got so far on this thanks to you guys the informtion has been removed and guilt now appointed by both ICO and FSA

yet stil the banks laughing and they not going to stop doing this to others why should they lol

[dx100uk]

well IMHO If thisBH info was the only bad on your CRA file

 

then the homeless bit is very damning!

 

dx

[slick132]

Hi S&D,

 

Have you anything in writing to confirm the deposit you lost and how much was it.

 

Can you prove any other specific costs that arose as a result of the DN

 

The question here is, Can you quantify the actual amount of losses that were probably caused by the inaccurate DN ?

 

If the answer is NO, then you should report accordingly to the FOS.

 

If the answer is YES, report the nature, date and amount of the loss to the FOS.

 

You can then also use the suggestion by Richard Durkin above, to tell the FOS that a court would be likely to award £8,000 for general damages to creditworthiness and that you expect an appropriate award, based on the findings in the case of Durkin.

 

[Samndazzle]

Thanks for advice

 

Ive given them an impact statement over past 10 years

 

id imagine there has been a lot of impact with defaults being inserted and withdrawn changed and re inserted during this period

 

i have been dismissed from work due to constant personal telephone calls (DCA) and homeless years of phone calls and letters

I couldnt put a price on it even now 8 years later still feel they will get away with it

 

But there was no debt to answer as i said

 

in 2004 i went to county court twice and the court on both occasions agread with me

this has to be viewed by authoritys as banks abusing system to obtain monies

 

im just hoping the FSA do something as the ICO seriously let me down by concluding there is no point continuing as Black horse unlikely to comply

[Samndazzle]

UPDATE ADVICE PLEASE

 

Black horse posted wrong and false information on my credit file,

then removed it and replaced it with new wrong information

in an attempt to service a debt originaly that never was

then to help Arrow Global service statute barred debts by altering the default dates

 

The information comissioner ruled in my favour in 2013 and demanded that both companys comply with regulations and ordered defaults removed

 

The ICO also commented that no further action would be taken as both companies were unlikely to comply with regulations and advised i seek Financial services Authority ruling

 

I complained to the Financial services Authority and today had a ruling from them

 

They rule that both Black horse and Arrow Global have acted incorrectly and made a financial award

 

Despite since 2002 my credit file has been negative from something no fault of my own

and no other adverse credit history from 2002 and 2013 they have made a award in my favour with the following pints in mind

 

The fact I have paid for nearly a decade companies like Credit expert to monitor the situation

 

All the SAR i have spent gaining data to prove my case to both ICO and FSA

 

And obviously a decade of negative credit evaluations, exclusions from both mortgage and rental properties and obviously postage to both organizations

 

Black horse offer of £100 they advised me to accept

Arrow Global offer of £50 they also advising me to accept

 

Im devastated, humiliated almost suicidal

 

I done the right thing, followed all the protocols which in itself have taken 2 years got the rulings in my favour and then awarded compensation

 

Is this right?

 

Im not joking im at home at moment and will scan and provide full report if needed

[BRIGADIER2JCS]

Hello Sam,

Yes please let's have a look at these letters, the financial redress offered is paltry and an insult, and don't even cover the expenses laid out pursuing this to conclusion.

 

I would be delighted to draft a letter for you about this, my thoughts are at least £500 for each year of defamatory false data being published and £500 for consequential costs.

[havinastella]

There is nothing to stop you from refusing the offers and starting court proceedings. Durkin is the thread you need.

[slick132]

Hi Sam,

 

After all this time and effort, the compensation offered (and which the ICO recommends you accept !!) is derisory.

 

I've flagged this for Site Team attention to see if any suggestions can be made as to :-

 

1. What sort of amount you should seek in recognition of the damage you've suffered.

 

2. How this may best be achieved.

 

Can you confirm what actual losses you mentioned in the Impact Statement and whether you also suggested a sum that you sought in compensation.

 

[Samndazzle]

Thanks guys

Idealy I wanted to highlight to the ICO and FSA what Black horse was doing and sort of believed they would make them stop it, I am honestly stunned the ICO state that further action is not goin gahead due to a limited budget and the fact Black horse would unlikely comly

 

Its gone on for years now, money that I spent on SRA postage etc stupid, flaming rows on doorsteps with ignorant collection agents and 2 worn out printers

 

The FSA demanded me to show the impact having a default on my credit file would make, and I replied thats there job to understand simply as the workings of a default on a credit rating are closely guarded secrets, but i couldnt get a mortgage for 10 years, lost my promotion and eventualy my employment as I would of had to manage a budget at work and implement it yet couldnt get a mobile phone contract

 

Reasonable property rentals were excluded to me simply again i was a bad credit risk

I honestly wonder why for past 2 years ive wasted my time with both the ICO and FSA, on both these agencies I had to pay for all the work and present it for them to make a ruling after several months (and when your on a realy tight budget this took ages to save up to pay for) only to find despite the fact these companies have acted ilegaly my pain is worth less than a fine for parking in wrong section it just seems unfair.

Ive cancelled the Bentley and the villa in Spain (joking) I suppose it is about the money (everything is) but the offers are not even worth the postage and SRA ive spent.

 

Im realy confused I have re read everything so often and cannot understand how anyone culd read the evidence rule in my favour yet order an offer of £100 with no apology or acceptance of fault be acceptable

[BRIGADIER2JCS]

As said Sam I would be happy to draft a letter for you, it is something I do on a regular basis.

[Samndazzle]

cheers Brig ill be scanning etc letter when im home, apreciate that

[slick132]

Hi Sam,

 

I brought this to the Site Team's attention and the consensus is that you will have to take court action if you want to be properly compensated for the bank and the DCA's errors. Unless you do this, the bank will stick by the pathetic (ICO approved) redress offer.

 

I've mentioned before that it is down to you to quantify any actual consequential losses.

 

You can then also seek money for the damage caused to your reputation.

 

Direct court action is the only way you stand a chance of being properly compensated.

 

[Samndazzle]

Thanks slick

Im asking Brig to write a suitable letter to ICO and FSA.

Plans are now to get an appointment with my local MP, as now without turning up with a suitcase I can simply show him the outcome of both tribunal and a short note outlining things.

I need a few weeks to raise the court fees but Ive thught long and hard and spoke to wife and decided this isnt all about the money for years this has dogged me causing family rifts etc and the moneys spent in the past is exactly that spent.

But Arrow Global got there knuckles rapped for sending collectors even during the week of the ICO hearing who after being ignored by me decided to knock my neighbors up alert them to who he was and asking questions abut me (this stunt ive endured for over 9 years) and even now I distinctly remember the female laugh from when i rung Arrow Global and finaly got thruough.

So court action it will be, if I loose then so what they can whistle for there legal fees.

Id rather let a court award any damages but it seems I must specify an amount

So please guys what wording should I use on the forms? is it damages for reputation, or failure to adhere to data protection laws or something else

Im assuming it should be a simple case now I just show the judge the findings of both the ICO and the FSA along with the offer from both companies of £150 combined

Im wondering if the fact Black horse went on 2 occasions to the small claims court in 2004 and lost both times, then ignored the court and harrassed me constantly still until 2013, arguing there point with the ICO until a judgement ruling was made will go in my favour

So wording for the court initial papers please, a claim amount to ask for and what you guys feel is reasonable in the circumstances to accept be a massive help.

If anyone is collecting files on these companies all my data is available for you to use however you want publicly by the way.

[citizenB]

Can you provide proof that you were dismissed from work because of the calls ?

[citizenB]

I have to admit, the response from the ICO is quite astonishing. If they have no power to enforce the regulations, then why on earth are they in existence?

[BRIGADIER2JCS]

Morning Sam, have to agree with what has been said, and I suggest that the letter should be a letter before action with a 28 day time scale and the level of redress a I suggested in the earlier post.

 

I will get on it later today.

[Samndazzle]

I wasnt dismissed because of the phone calls, I strongly believe at that time promotion to the job officialy I was covering for 9 months was with held though because of it, the calls were relentless to our switch board id say at least 3 times a week, and when challenged re personal calls at work they then started introducing themselves as collection agents and the matter was urgent.

Ive many examples througout the last decade where my credit score was used to prevent me getting loans / mortgages and even a rental property, although annoyingly it does not state specificly it was the Black Horse infrmation but its the only negative I have had in past 10 years, but Black horse did argue that may not of been the reason for my low credit score

Im stunned by the ICO, its not hidden away there resons it states them in the conclusion as a matter of fact they believe Black Horse would not comply (and to be fair the investigator I spoke to from ICO expressed hes disbelief at Black horse adamacy) but like all agencys they have a limited budget and further action would be expensively defended

[citizenB]

If the BH default was the only negative, then one could pretty much assume that this was indeed the reason. So if you have the proof that you were turned down for loans or credit at preferential rates.. then that could be sufficient or certainly persuasive.

[BRIGADIER2JCS]

Hi Sam, I'm in the process of compiling the letters to the regulators now.

 

I had thoughts re a letter before action to BH and A stating that the redress offered is totally insufficient.

[Samndazzle]

Sorry for delay

Now in 2004 Black horse went to county court twice nd both times it was said there was no case to answer

 

So the FSA on drugs if she clams there was no impact on myself

Despite bieng shown regular credit expert files it is said there is no evidence Black horses default impact on my credit files despite bieng the solo default entry

Black horse themselfs were responsible for removing the default and re inserting it on at least 3 occasions according to the ICO

 

PDF files uploaded if ive done it wrong please let me know[ATTACH=CONFIG]43908[/ATTACH][ATTACH=CONFIG]43909[/ATTACH][ATTACH=CONFIG]43910[/ATTACH]

Edited May 18, 2013 by Samndazzle
upload

[slick132]

Hi Sam,

 

The letter from the FOS makes it clear that they do not consider you have not been unduly disadvantaged by the data registered against you because of this matter.

 

I know The Brig'r is going to sort you a letter to take your complaint forward. However, the reality is that, if you want to be properly compensated in this matter, you need to take direct court action. That's the only action that will be taken seriously by the bank. And it's the only action that will see you being reasonably compensated for the losses and damage you have been caused.

 

That will involve you setting out your estimate of the consequential losses you have suffered and also the damage you're entitled to for the wrongly posted data.