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No reply to SAR - Then what?


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Hello cagers,

 

I have a default on my credit files, from HFO

 

I asked the credit file company CRA to remove, they said they cannot!

 

I requested a subject access request from HFO, they failed to reply within 40 days.

 

Now what can i do?

 

In the present mortgage enviroment this is stopping me from getting a mortgage, if I pay the alleged debt it will only be marked on my credit file as satisfied - so still will not be able to get a mortgage.

 

From reading other links I can complaint to information commisioner office, which will take 6 month PLUS. Is there any tempate letters? If so please give link or heading to search.

 

But what else can i do?

 

Thanks:-?

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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YES, checked with royal mail that the item has been recieved and even got 1 reply thanking me for the £10

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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write back and tell them if they do not comply within 14 days you will write to the ICO.

can you say a little more about the debt and was it HFO Services you sent the SAR to.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi

 

Yes sent SAR to HFO,

 

the debt

 

Hfo Services Ltd (I) defaut date 06/07/2005 amount £280, account type communications supplier.

 

The ICO c letter, will it six months to get a reply? (or there about)

 

Im after a mortgage ASAP.

 

Thanks

 

This is from the information thats on the credit file, the email from the CRA say its from 3 mobile.

 

But i still with 3 mobile and have a current and satisfied account.

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Sent aquick email, giving an over view and the proceedures to correct.

 

 

Thanks

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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If the debt exists or existed and has been recorded accordingly then a report to the ICO in respect of HFO not removing your details will most likely fail.

 

When you requested the SAR did you mark that the payment of £10 was specifically for the SAR's request and not payment on account etc?

 

Yes I would complaint to the ICO re the over 40 days limit and at the same time as this I would send a complaint to the Data Controller at HFO and enclose a copy of

your original request to them when doing so, it may just be that whoever opened your original request didn't action it in the way that it should

of been and as such the data controller didn't see the request.

 

If you are considering paying off the debt (negotiate with them for a settlement figure though ) you should try and make any settlement with HFO to include the

removal of the entry from your credit file and make sure that it is written in the settlement somewhere...you would need to be very specific on that part.

 

Please remember that if you do ask them for a settlement figure it could/would be seen as an acknowledgement of the debt so if at this point and pre your

sar request you are saying it's an alleged debt then proceed with caution.

 

As for a mortgage application failing on a credit entry on your file saying 'satisfied' I'm sure if you were to explain the circumstances or show the prospective

lender proof that you paid the debt off it would perhaps help them in reaching a decision, not all lenders will fail you on a 'satisfied' entry on your file and

some lenders may just increase the interest rate on your proposed mortgage agreement.

I reside in Dawlish Warren but am not a rabbit.

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  • 4 weeks later...

Sent the email to the 3 executive as given, I got a phone call and a few emails from there office, requesting more info etc.

 

The end result - 3 have contacted hfO and requested they remove the entery of my credit file (this reply was in writting) Have not checked my files, but will soon.

 

 

Thanks

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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  • 3 months later...

Update,

 

I have in writing from 3 that no debt exists, they have asked HFO to remove the debt, HFO have refused!

 

I have now sent i compliant to the ICO,

 

We keep you informed of any progress

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Update,

 

I have in writing from 3 that no debt exists, they have asked HFO to remove the debt, HFO have refused!

 

I have now sent i compliant to the ICO,

 

We keep you informed of any progress

 

I would then report HFO to the OFT with your evidence.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Thanks for the reply, sent the info to [email protected],

 

Below is a brief complaint about HFO

 

 

They have incorrectly registered

a default on my equifax credit report since 16-7-08 to present. I

have contacted the company (three mobile) they have alleged they

purchased the debt from, but they have stated in writing that no debt

exists. I have sent a subject access request to HFO 14-7-10 with a

postal order for £10, I received a reply requesting I fill there

application to process and acknowledging the receipt of the £10. I

completed the application and returned 2-8-10 (along with a copy of

my birth certificate). All letters have been sent recorded delivery.

Please see attached file with copies of post office receipts. Since I

have not received a reply from HFO. I have contacted the company

Three mobile to find out more information they requested the company

HFO to remove the default on my file. But they have refused.

 

 

 

They have change the default

address as I did not own the property I live at now ** ***** *******, *****

when the apparent account was default or date the account was opened,

as shown on my credit file. HFO has fabricated and data about me and

has made me unable to move house. The have ignored the duties and all

my rights.

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Thanks for the reply, sent the info to [email protected],

 

Below is a brief complaint about HFO

 

 

They have incorrectly registered

a default on my equifax credit report since 16-7-08 to present. I

have contacted the company (three mobile) they have alleged they

purchased the debt from, but they have stated in writing that no debt

exists. I have sent a subject access request to HFO 14-7-10 with a

postal order for £10, I received a reply requesting I fill there

application to process and acknowledging the receipt of the £10. I

completed the application and returned 2-8-10 (along with a copy of

my birth certificate). All letters have been sent recorded delivery.

Please see attached file with copies of post office receipts. Since I

have not received a reply from HFO. I have contacted the company

Three mobile to find out more information they requested the company

HFO to remove the default on my file. But they have refused.

 

 

 

They have change the default

address as I did not own the property I live at now ** ***** *******, *****

when the apparent account was default or date the account was opened,

as shown on my credit file. HFO has fabricated and data about me and

has made me unable to move house. The have ignored the duties and all

my rights.

 

make sure you report them to the Information Commissioner as well as the OFT.

 

They are defaming you - AND stopping you getting a mortgage - would also hit them with a court claim for damages.

 

There is a leaflet on the ICO site you can download about taking companies to court for breaches of the DPA.

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Why does it not surprise me that this is HFO....non compliance with a SAR, refusal to remove a default despite a request from an original client. I would be getting them in front of a judge for non compliance with a SAR, making the judge order disclosure, then I would be taking them to court for the non existent debt which they have defaulted against you and serious compensation (which you wouldn't have to prove) I think along with other recent cases against HFO, then the OFT are likely to take serious action here.

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Yes sent a report/complaint to OC and OFT, the above is my overview i have sent about the problem along with all supporting documents to support the claim, to make a claim for damages will the OC or OFT dealwith this, or will i need to make a court claim?

 

Dose anybody know as a guide, how long the OFT and OC will take to process? As is a court claim would be better with there findings.

 

And any guidance / template letters to make a small claims for defaming?

 

Thanks

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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