Are debt collectors allowed to search my credit files / report history?

[huggys boss]

Just send the letter I wrote for you. Just print your name on it. Never sign a letter to a DCA whatever the circumstances. i think the spelling is ok

[cenzo]

Just send the letter I wrote for you. Just print your name on it. Never sign a letter to a DCA whatever the circumstances. i think the spelling is ok

 

Thanks and done and sent....

[huggys boss]

I take it it has gone by email? They are usually good with email, but if you have no response any time soon, print it off and send by recorded delivery.

[cenzo]

I take it it has gone by email? They are usually good with email, but if you have no response any time soon, print it off and send by recorded delivery.

 

Yes by email, I've corresponded previously with them so sent one direct to their general email (which goes to their op's manager) and one to the info email.

 

Have received a general confirmation from the info address - "Your enquiry is being looked at blah blah blah" and an "out of office" from the operations manager

[BRIGADIER2JCS]

I have't seen this before and have researched Equifax I reckon this is another attempted get out because of the flack we have created.

I notice now that the ''new'' web site does not give separate headings on the the searches probably as the DCA's are paying for the privilege of ruining credit reports, still we now have the evidence that Equifax is manipulated by the debt collectors from the Credit Card From Cabot posts etc.

Another piece of info for the MP and ICO.

 

Brig

[huggy41]

yes maybe but when they did the searches it was evident

and have 2 credit reports 6 months apart showing this

[huggys boss]

They may have removed the headers, but this is still above them:

 

[cenzo]

They've been quick to respond but once again are providing inaccurate and misleading information:

 

Dear Mr xxxxx

 

Again, thank you for your e-mail. You are correct this is regarding a British Gas account at (address)

Our search was done for the purposes of Debt Collection which Equifax record as Table 1, this has nothing to do with you obtaining credit from bcwgroup. Our search is only visible to yourself and no lenders are able to see it.

I understand your point that your tenants were liable for this so I will arrange for the searches to be removed and will inform you when this has been corrected.

 

Kind regards,

I am going to write back to them and point out that they are still are still providing misleading information but "at least" they will remove the searches

[MJack]

has anyone got the previous paragraphs from equifax stating their searches policies ?

 

 

mjack

[huggys boss]

It is on the new style credit file on the searches page.

 

Will try and copy and paste it in a pm to you but it might not work.

[huggy41]

mjack.

the lenders may not be able to see the actual data recorded but a table 1 search DOES have an affect on the outcome of your overall score

[MJack]

sitrep.

 

just collating info from dca and cra`s.

 

will be in touch

[rnp1966]

Have received letter from machall today stating they have instructed equifax to remove the table 1 search which has been done.

 

capquest have added another search which brings the total to 4 since mid july **** bags

[MJack]

if anyone hgas letters from dca`s instructing equifax to remove search from table 1 can you please send to me as im collating info about searches etc.

 

pm me and I can give you my email address and more info if needed......a scanned copy would be better with the letter heading of dca on etc..

 

cheers

 

mjack

Edited November 4, 2010 by MJack
additional info

[BRIGADIER2JCS]

I have never seen a letter of this sort, I think they deal on line, to keep it in the family.

[F1fan]

Hi all.

Capquest Debt Recovery Ltd have put a default on my credit file. The default is marked as a 'bank default' which is marked as ''date updated xx/11/2010''

 

I have never had any dealings with this company and I do not know who they are acting on behalf of.

 

I complained to equifax who have fobbed me off telling me

 

The company are still investigating your query and have advised Equifax of the following:

 

"Please be advised, we have not had any contact from the customer in regards to this account. If the customer has a dispute he needs to contact us at the following address, XXXXXXXXX"

 

As this information is supplied by the company we are unable to amend it until given their permission. You may wish to contact the company directly using the above details, please also find a contact number below."

 

 

Surely Equifax have a repsonsiblity to make sure the information recorded is accurate? Surely they are the ones who have to contact these tossers and get proof of this default?

 

Bearing in mind they alledged debt is with a company I have never had any dealings with and the amount they claim is owed does not tie in with any other loans or credit arrangements I have had.

 

any help please?

[Tingy]

Hope this may help.

 

http://www.ico.gov.uk/complaints/data_protection/supporting_evidence.aspx

 

Inaccurate personal information If you believe information held about you is inaccurate, you may be able to complain to us.

If you want us to look at a complaint about factually inaccurate personal information you will need to send us:

 

• a copy of the inaccurate information, or a description of what information you believe is inaccurate;
  
• evidence that supports your view that the information is factually inaccurate; and
  
• a copy of letters or emails you have sent to the organisation about the inaccurate information
  

If your complaint is about inaccurate information on a credit reference file you will need to send us:

 

• an up to date copy of your credit reference file (dated within the last six months);
  
• evidence that the information is inaccurate (for example copies of bills or statements that show the correct amounts);
  
• a copy of letters or emails you have sent to the organisation or the credit reference agency about the inaccurate information; and
  
• a copy of any letters or emails sent to you from the organisation or the credit reference agency.
  

[hightail]

an up to date copy of your credit reference file (dated within the last six months);

evidence that the information is inaccurate (for example copies of bills or statements that show the correct amounts);

a copy of letters or emails you have sent to the organisation or the credit reference agency about the inaccurate information; and

a copy of any letters or emails sent to you from the organisation or the credit reference agency.

 

All well and good IF the information they hold is anything to do with you. If it isn't then you don't (and can't) hold any evidence.

[silverfox1961]

Hi,

On your credit file should be the address for Capquest.

 

Write to them and demand they remove the incorrect information immediately or you will take them to court. For them to place ANYTHING on your credit file, they must have your permission and as you have stated, this debt is not yours. If their actions have caused you a loss then you will want compensation.

[bigshoes...bigsocks]

Surely Equifax have a repsonsiblity to make sure the information recorded is accurate? Surely they are the ones who have to contact these tossers and get proof of this default?

 

 

As a data controller Equifax should be checking that information they hold and process is accurate; as per the Data Protection Act 1998. However, and to answer your second question, they don't ask for any proof of default or account information - other then what they are told by the creditors (with whom they share very close relationships).

 

Credit Reference Agencies have for too long (in my opinion) dodged the bullet when displaying incorrect information, laying the blame solely at the door of the debt collection agency. It's a real bug bear of mine and something I shall be looking at challenging once I am finished with various DCA re: unenforceable/none-existing CCA's (to be posted shortly).

 

BSBS.

[f.in.debt]

What kind of fee would a CRA need to charge to examine every entry!

 

They take any entry and its up to you to get it removed, theres a system, it may be broken, but there are procedures to follow and the results will come. It will not be cheap or quick.

 

Write to the DCA for a subject access request and include the fee - and dont forget to tell them what you want and why. remove the default!

 

If they send you the account data etc, you will know what you are dealing with.

 

If they fail, ask the CRA to remove the default,, they will contact the DCA - but not get a reply so it will be removed.

 

If this dosnt happen you will be writing to the IC and OFT, but before you contact them you have to try and sort it you self! good look

[bigshoes...bigsocks]

They take any entry and its up to you to get it removed, theres a system, it may be broken, but there are procedures to follow and the results will come. It will not be cheap or quick.

 

Yes there is a system; the system (as per the data protection act) is that the CRA's have a legal requirement to make sure any information they hold is accurate, so they should (although they don't!) be checking the accuracy of information given to them.

 

Look at it this way... If a paper publishes a story about Married Mr X being seen in a strip joint but has no evidence other then someone saying "he was there" - who ends up apologising and usually being hit in the pocket when/if it turns out unfabricated? The chap who told the paper? No! The paper (or in this case the data controller)? Yes!

[f.in.debt]

Yes, but do you want to change the system, lots of time, or just clean you credit file and get on with life, as i said broken, please fix it

 

But in this issue the chap who told the paper is a bank or other reconised institue! Not a man in a van, so they dont check - until you ask them to check

[bigshoes...bigsocks]

But in this issue the chap who told the paper is a bank or other reconised institue! Not a man in a van, so they dont check - until you ask them to check

 

It shouldn't matter who it is - whther it's Joe Bloggs down the street or the Queen herself. As data controllers they have a legal requirement to make sure the information they hold is accurate. If they're not checking then they have no defence should they not be complying with the act and holding and processing inaccurate information - especially as this information is financially sensitive. Ignorant defences of "we were told it was accurate" shouldn't be tolerated.

 

I've lost track of the point of the original post.

[Tingy]

Absolutely right. There are eight fundamental principles underlying and at the very heart of the whole DPA 1998. It is the data controller's resonsibility to ensure ANY information is processed in accordance with these 8 principles which are enforceable in law. If a member of staff puts the info in, it's the DC's responsibility to make sure that member of staff is sufficiently well trained to abide by the 8 principles. Ultimate responsibility ALWAYS falls back to him/her.

 

The eight enforceable principles are that data:

1. is fairly and lawfully processed

2. is obtained for specific purposes

3. is adequate, relevant and not excessive for the specified purposes

4. is accurate

5. is not kept longer than necessary

6. is processed in accordance with the data subject's rights

7. is held securely

8. is not transferred to countries outside the UK without adequate protection