DLC - Checking My Credit File

[Paddywack41]

Folks I am sure there has been loads of stuff on this before but because of the nature of some many complaints it is hard to find an existing post to match my problem.

 

The Background

 

Around 10 years ago I got into a lot of debt, owing banks, credit cards, hire purchase etc. I at first buried my head (obviously no success there) but eventually found this place and came to my senses. I had arrangements both formal and informal (I am assuming) whereby I would pay an amount each month. This I have done religiously over the last 8 years. Some of the debt was in the £100 - 200 mark. Some was in 1000 - 2000 range and one in particular (Lloyds/DLC) was in the 10k mark.

 

I am not in a massively well paid job so I borrowed a little money from family and paid of the small debts and because i didnt want to over extend my payments on all other ranged between £10 and £20 a month. Obviously on the big debt this is small beans but it allowed me to get on with somewhat of a normal life.

 

Time went on (apologies if this is turning into Lord of the Rings). I had to buy a car on hp. Paid bills every month for 3 years no problems. Car then blew up. New i couldnt get a new credit agreement for a car so again I borrowed money from family to allow me to pay off the outstanding amount on the old car and to clear one of the other debts which i felt was hindering my credit rating. I was then able to get a hp agreement for another car which again I have been paying for 9 months without fail.

 

I also have a credit card (Aqua) at a high interest rate which i have needed to use to try an bring my credit rating up but again while not clearing the balance I have been able to pay twice as much as the minimum amount to clear it. Two weeks ago I decided I needed a new credit card which i could transfer the balance of the old card to in order to get a respectable rate of APR.

 

Now The Problem

 

Today at work i got a call from DLC to say they were checking my credit file and they had discovered that had cleared other Credit Accounts and not theirs and that this was not fair. I explained to the girl that I had done this becuase a. I needed a car and then a new one when the old one gace up the ghost and b. I was trying to improve my credit raiting and that paying £200 of their account would have made no difference whilst clearing a smaller creditor would do.

 

She then went on about me opening another credit agreement with Barclays and I explained i was transfering the balance of the old card to the new to get a better rate. She said that I was essentially once again paying off another creditor and not them.

 

She then said that they would have no option but to take me to court for payment and this would include interest charges built up from whenever I had originally started paying them the set amount each month (about 6 -7 years ago). I said that if she wanted I could try and increase my monthly amount but I wasnt as she suggested I do going to borrow more money from my family to pay them a lump sum. Despite that she said it was too late to increase my amount and that they would need a lump some otherwise it was court and subsequent damage to my credit rating again.

 

At this point she then started to ask me details of my income and expenditure and I told her to stop. I said I wanted her to write to me and send me and I&E form and she said she would email them to me. I said I wasnt prepared to talk any more on the phone and I wanted her to write as I wanted proof of everything that went on.

 

Now the truth of the matter is I have over the past number of years been putting a little bit past where I could as I cant be sure what the future holds in the current climate and if need be I could probably pay a lump sum of about £1000 against a debt of about £10,000. If I thought that would clear the account i probably would but I am not prepared (perhaps wrongly) to pay it to reduce the debt to £9,000 and then put at risk what little financial stabilitly that I have built up.

 

Despite my bravado I dont particularly want to have to get a CCJ against me again and I am not sure if it went to court that I could get away with paying them the same amount (or a little more) than i currently do. This may seem nasty of me but for 3 years DLC made my life and my families life miserable and I dont want to give them more than i have too.

 

Any advise would be gratefully appreciated.

 

John

[silverfox1961]

Hi,

I don't think DLC will go anywhere near a court. The judge would ask you if you are paying and you will say yes so the judge will ask DLC (or the tame seagulls) why the hell are they bringing this claim. You are paying what you can afford, simple as that. If they want more-tough

 

Stay off the phone. If they do ring again, refuse to go through security. If you want to play and you have a recording device, let them carry on. What they say on the phone they would never dare say in a letter.

 

Do DLC have a valid agreement? Have you checked?

 

If you CCA them and they come back with a duff (or non existent) agreement, that puts you in a stronger position to offer them a F&F.

 

Most importantly, send all letters by recorded delivery

[babybear39]

SAR DLC ASAP for the recording or transcript of the call. She is bang out of order and should be reported.

[Tingy]

I agree SAR them enclosing £10.00 and stating that this is for the SAR only, not to be set against any debt owed. This should give you access to everything, but play safe and specify you want a recording of that call (a transcript could be changed). Once you hear back hit them hard! It will be interesting to see what else comes back. Let us know!

[Paddywack41]

Thank you folks for their help. What is the difference between a request for a copy of the credit agreement and a SAR?

 

Secondly - Just recieve an email from them which i have copied below:

I write further to your conversation today with one of my colleagues. You currently have a concessionary arrangement to pay off this debt (£20.00 per month). This arrangement is based on information you provided to the effect that was the maximum you could afford to pay us and that you were not in the position to pay the balance in full.

Following assessment of your Credit Reference we have established that you have taken out several new credit agreements and settled several credit agreements since we took over this debt. This indicates that you may have been in a position to clear this debt in full or pay it off quicker than you have been. By taking out new agreements and committing to new monthly payments to these providers, you are demonstrating you may have the ability to pay your creditors more than you have been.

We now need to consider if it is best to transfer your file to our Irish collection agents. This may result in agents calling at your address or Irish solicitors commencing legal action which will add further costs to your account.

We would like to resolve this matter and would therefore require you to email your up to date income and expenditure details for us to look into repayment options.

The funny thing is they are threatening to send the Debt to their "Irish Collection Agents" not sure what he is meaning with this but if he intends to send it to anyone in Ireland to enforce he may have some difficulty as I live in Northern Ireland which i think is safe to assume is still part of the United Kingdom.

[silverfox1961]

A SAR is a request for ALL your data, not just the agreement.

 

Obviously the muppets don't know that Ireland is split in two.

 

You have good reason to be starting new agreements and not that you have more money to play with so if they try it on, complain.

 

If you need to send letters to them to stop them calling on you, have a look in the library

[Paddywack41]

Thanks Silver, I will do as you suggest and send a SAR and see what they say/do to that.

[Tingy]

Just to cover yourself, send them a polite e-mail thanking them for their mail. State that you only correspond by letter, so please could all future correspondence be in this form and that you are sending them a letter regarding this debt. Thank you very muchetc... Yours sincerely,

 

I think it just covers your back a bit more!

[Paddywack41]

That is a letter off to them acknowledging receipt and requesting all further correspondence be by mail. Now off to study SARs .

 

By the way, after saying they dont know the island is split in two reminded me that these where the same people 6 years ago who said they were going to send the Sheffifs to enforce the debt

[Paddywack41]

After thinking about DLC last night I was wondering two things:

 

1. Do they have a right to check my Credit Reference File without my authority - ie they where able to tell me that I had opened up three credit agreements in the last 3 years.

 

2. If they do have the right to look up my credit reference file - will this not affect my ability to get credit as it will be recorded as a search against me?

 

When i get a chance today I am going to look up my experia and equifax reports to see if anything shows.

[babybear39]

Check call credit as well 'cos they are one of the big three CRAs.

[Deb T]

To be sure to be sure their Irish Debt Collection is run by Paddy Mginty..j/k as for dlc checking your credit file, if you have any agreement with them/been paying them for whatever then they'll

claim they have the right to search your credit file and from experience the CRA will side with them as they always do. I've had the same with a different DCA and am currently involved in

a complaint with the CRA via the ICO .

 

These CRA's are laws unto themselves, they should be reigned in but with the toothless ICO under no obligation but to 'advise' those that breach the DPA and a Tory govt via the benefit agencies

getting into bed with the CRA's then it won't be long before any woman/man and her/his dog can search your credit file just cos.

[Tingy]

After thinking about DLC last night I was wondering two things:

 

1. Do they have a right to check my Credit Reference File without my authority - ie they where able to tell me that I had opened up three credit agreements in the last 3 years.

Yes they do!

2. If they do have the right to look up my credit reference file - will this not affect my ability to get credit as it will be recorded as a search against me?

No. It would affect your ability to get credit if lots of searches were made in a very short time. You checking this afternoon will register as a search

[babybear39]

Lowlife checked my CRF FIVE TIMES in September and October

[Revenant]

There are different types of search that can be made/registered and the only ones that should make any difference is those for credit/bank accounts/finance

You can check your own account as many times as you like and it will make no diference at all

R

[Paddywack41]

I was waiting for DLC to send me a wirtten version of their email (content shown above) which they have now done. I have therefore forwarded them in two separate recorded letter:

 

a. An up to date income and expenditure form

b. A SAR for all information held by them along with the £10 postal order and a request that this be used solely for the purpose of the SAR.

 

I have no doubt they will start to get threatening when they receive it but it will be interesting to see if they have anything enforceable. I will keep all you good folk posted.

[Paddywack41]

Updates

 

A couple of updates since I last posted on 19th November. Firstly after I sent them a letter with my I&E details and stated that I was sending a SAR (This may not have been related) they sent me a letter stating that they would be accepting my current payment schedule (until such times as they want me to increase it again).

 

Secondly I recieved yesterday the response to my SAR. In the original SAR letter I stated that I wanted to all information held by them contracts etc etc including a transcript of all correspondence. What I received was absolutely nothing with regards to my contracts etc and simply a 10 page transcript of correspondence, an abbreviation sheet and a statement of my account showing payments etc going back to 2003.

 

They obviously have still a bit of time to send me additiobnal information (but i doubt that will happen) so do i need to do anything else yet. I am still paying my monthly amount and am happy to do so for a while longer and I felt it might be wise to carry on as a gesture of goodwill.

[babybear39]

Give them their 40 days and then remind them If they then fail, report them to the ICO.

[Tingy]

Absolutely. You're entitled by law to the information you asked for. If they haven't sent it then they haven't complied with your SAR , simple as!

[Paddywack41]

I assume I am right in saying that it is 40 Working days I need to wait before sending them notification that they have not complied with my original SAR?

[babybear39]

It's 40 days not working days

[Tingy]

40 calendar days for an SAR

[dadofholly]

If they have sent you a reply to your SAR and not fully complied with the request you can send them a letter before Action.

This is if the 40 days are up or not - though you can not begin to enforce compliance untill the 40 days is up.

 

Here are the instructions and template letters required. Would suggest to write now rather than waiting for the 40 days to be up.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[Paddywack41]

Thnks dadofholly. I have just sent the letter before action letter as you suggested. It will be interesting to see if they have anything else hidden away.

[dadofholly]

Thnks dadofholly. I have just sent the letter before action letter as you suggested. It will be interesting to see if they have anything else hidden away.

 

If there is anything they should have - but dont have - you can complain about them to the information commissioner.

 

If they say they no longer have it because its been lost or destroyed thats still a breach under the DPA Principal 7.