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

[clio2010]

hi there can someone please help me im trying to investifate table 1 searches made by united utilities ccml

please see ny thread thanks

[F1fan]

I have a default showing on my equifax report which was registered under a previous address but has recently been updated to a more recent address, the default date has also been changed by one day.

 

The 'balance' is now also being increased each month (only slightly, I assume they are adding interest).

 

The company in question is crapquest.

 

Is this legit or do I have grounds to complain? I don't recongnise the debt, but if I pay these tossers some money will they remove the default, I believe it is making it difficult to get a phone contact.

[BRIGADIER2JCS]

Hi, What is the debt for?

If the name of the original creditor

is not there you need to to send a CCA request

to Capquest, this costs £1 and the have 12+2

days to reply use the template letter

in the CAG library.

As to the one day difference you can

ask for it to be corrected, but it wont

get the entry removed.

[brokebutnotbeatn]

You report will show a Default and then a 'DA' reference. You will then see a new Default appear but the detail should be the same and the Default should dovetail timewise. This will enable you to identify the OC. If you had an arrangement in place including frozen interest then the new owner should abide buy this. You should have a NOA. If you haven't you should contact the OC and ask them if the debt has been sold and if so when and to whom and ask for a NoA. You can then contact the new owner accordingly. I did this with Apex and so far it is all running smoothly - but you have to shhow you know your rights and have your eye on them...note defaults frop off after 6 years and you can't be re-defaulted again just because someone has bought the debt...a bit more info is needed about the original debt...

[Splungboy]

Hi, I know this is an old thread, but I have been trying to get McKenzie Hall to take their searches off Table 1 on my credit report, which they are refusing to do. I successfully had some searches removed last year and this company is the only one that searched again. After a phone call to McKenzie Hall last week asking what accounts I had with them, they said I had one account (from a company I had never heard of) and because of the dates being more than 6 years ago they agreed to close the account.

I then asked Equifax to remove the Table 1 searches due to the fact I do not have an account with McKenzie Hall. I received the following reply this morning:

 

Mr C******,

 

I am in receipt of your query, the contents of which I have noted.

 

Having checked the file notes on the account I can see that you spoke to one of our call centre representatives and you stated that the account was staute barred and the account was subsequently closed as such.

However,I find it prudent to inform that any search carried out by Mackenzie Hall is with regard to an unfulfilled contractual obligation. Authorisation for said search has therefore been given within the terms and conditions of the original credit agreement.

Furthermore, please be advised that the Limitations Act 1980 protects statute barred debt against legal proceedings. A search being carried out for the purposes of debt collection cannot be deemed legal proceedings and is therefore fully permissible.

 

Outstanding debt searches displayed in the 'Table 1' section of a Credit Report will have been carried out as part of a debtor tracing procedure by the creditor or their appointed agent. These searches aren't visible to any lender performing a credit application enquiry or to any other creditor tracing a debtor or collecting overdue debt.

 

The search will remain on your credit file.

 

Regards

 

A***** S********

Compliance Officer

 

 

If I am reading this right, they admit the debt is statute barred yet are still chasing me for it (psychologically if not physically). My question is can they justify this? My credit file is in good standing with my other bills and debts and I am worried this will affect my ability to obtain a mortgage later this year.

 

If anyone could give me some advice I would be very grateful.

Many Thanks.

Edited February 10, 2012 by Splungboy

[BRIGADIER2JCS]

Hi, Unfortunately the explanation given is correct,

both the OFT and ICO are of the opinion that T1

serarches are placed when trying to trace debtors

and that such searches should be seen by potential

lenders.

You must always contact the company making the

search first the CRAs cannot remove or amend entries

without authorisation.

There are mixed claims that these serarches are seen

or are not seen, getting a difinitive answer has been

difficult so far.

 

I suggest that you make a formal complaint

to Mr. Rob Sands the Compliance director at

MH stating why you want the search removed.

[Splungboy]

Thanks for the info Brigadier. That sucks though, I wonder if they can they keep doing it for however long they want to, say another 20 Years.

 

Equifax were good last year and removed the searches after the DCA's agreed to have them removed. This year obviously tactics have changed and I had to contact a DCA, something I avoid at all costs whatever financial position I am in. When MH said the account was closed then surely (I thought) that meant I have no debt and as such I should not have been searched for a debt I do not have. Grounds for harrassment possibly?

 

I will definately write the letter over the weekend.

[BRIGADIER2JCS]

Good, While you are doing that, also write

to the CRA and ask specifically if TI searches

are visible to potential lenders or not.

I have been researching the function of CRAs

for some time now and have varying answers,

so it would help a lot to get another reply.

[Splungboy]

No problem, I will post the replies as I get them.

[BRIGADIER2JCS]

No problem, I will post the replies as I get them.

 

Thanks, and good luck.

[treaclesbum]

Hi all,

I have found a default on my credit file for £54.09p for a monthly rolling contract mobile internet dongle with Hutchison 3G. Included in this is a charge for £25.00 and then added to the monthly paid sum of £24.00 (don't know where the £00.09p has came from. I have tried to contact Hutchison on various occasions and always talk to someone in India who clearly don't know what a default is and how much hassle can be caused. Also sent a letter in May 2012 asking politely for them to remove the defualt of £54.09p. No default letter has ever been received and hey have never replied to my letter....

Have applied to the Sheriff court to have the Default removed....lets see what rubbish excuse they come out with when a court summons lands on them.....

Anybody else had a problem?

David.....

[pam56]

I have had a problem with DCA who are chasing my son for debts. Have informed tem I don't know where he is (abroad) is nt coming back (as far as I am aware) & has never lived at this address.

Just seen on daughter's credit report that they have searched her report based on the fact she is linked to her father (no debt just a credit check for a brewery) and his name starts with same initial as son. His report checked too.

I thought that DCA had to have permission to search somebody's credit report especially when it isn't even their debt!! Experian said it was probably just a case of mistaken identity. Hmm not good enough one she is female, older & has never had any debt with them!! I think they were checking the people at the address which is I believe is now illegal?

What do you suggest

[Bazooka Boo]

This thread is over 4 years old!

 

However IMO ignore them, they can do whatever they like, DCA's are in the pockets of CRA's, your credit file is not really yours! It's for them to make money out of.