Inaccurate info on credit file

[MAGDA]

Hi, I have had quite a few problems with creditors placing information on my credit file six or seven years after the event actually occurred. For example, I had a debt with First National which fell into arrears at the end of 2003 and was defaulted in 2004. The default was showing on our credit file and the name changed over to Link financial, but details remained the same.

 

This account was sold to Link Financial, who then took me to court. Their claim was discontinued and they then sold the account back to FN, or GE Money as they became known. GE has kindly placed info on my credit file (and husband's, as joint account) showing that we are six payments in arrears and, wait for it, obviously heading towards a Default, which will be on our file for six years. How can this possibly be fair? Beachcomber has had the same problem and involved his mp and the BBC, and GE are now saying it was all a mistake.... despite previously refusing to remove the incorrect information they were placing on his file.

 

I then also have Lloyds TSB (or my husband does). Account fell into arrears around end of 2003, pretty sure a DN was issued around that time. A couple of years ago, Lloyds suddenly decided to clear the arrears from the account (to so called give us a fresh start) issued a DN and the proceeded to mark the credit file with late payments, which have now resulted (in 2010) in a default, 7 or 8 years after the actual event. We did continue to make token payments to Lloyds, but this doesn't alter the fact, surely, that the account was defaulted before we came to a repayment arrangement with them. We did maintain the agreed repayments by the way, and didn't miss any. Lloyds were actually claiming that we had failed to pay the contractual repayment which they started to demand again.

 

Then we have Redcats, same scenario, account fell into arrears in 2004 and DN issued, but a default has been placed on my file in 2008, so has another few years to go before it drops off.

 

Finally, there is Tmobile, they have stated that my account defaulted in 2007, when in fact it was 2004 again.

 

All of our financial problems were at the end of 2003 beg of 2004, that's when they all defaulted. Our recent credit, such as the mortgage that we already had, bank accounts, that kind of thing, are all showing as being completely up to date, with no problems whatsoever, so it is really misleading to show this kind of information which actually dates back a number of years (more than six) and isn't an accurate picture of our current situation at all.

 

What I'd like to know is: If an account has been defaulted by the creditor but they didn't place a Default on your credit file at that time, can they suddenly, say, six or more years down the line,start reporting adversely on your file and then place a default, supposedly from the later date? I know that if a default has already been placed on your file once, then once it's removed, that is it, or should be, anyway,but what happens if they didn't originally report the default on your file?

 

We had a vast number of defaults until recently and most of them have now dropped off and our credit file is looking much better, apart from the ones mentioned above, which continue to cause problems.

 

Any opinions on this really welcomed, be interesting to hear what others think or hear of your own experiences.

 

regards,

 

Magda

[MAGDA]

bump

[Jasper1965]

What I'd like to know is: If an account has been defaulted by the creditor but they didn't place a Default on your credit file at that time, can they suddenly, say, six or more years down the line,start reporting adversely on your file and then place a default, supposedly from the later date? I know that if a default has already been placed on your file once, then once it's removed, that is it, or should be, anyway,but what happens if they didn't originally report the default on your file?

 

No they can't and neither can any of the conniving DCA scumballs,.

 

Well they can but it's not lawful and can be a real battle to overturn.

 

Do you have any evidence to the effect that these accounts were defaulted back in 2003-2004?

 

I would write directly to all three CRA's Experian, equifax and callcredit with a letter of complaint and put them on notice that they are unlawfully processing this information.

Briefly set out the facts ie date account originally entered default, and supply a copy of any evidence you might have.

The CRA's must then contact the company lodging the information (expect them to confirm it's accurate).

Then you must contact the ICO and lodge a formal complaintabout the CRA's and the companies.

it might be an idea to add a notice of correction to each of these entries, the brief one I've used which has made a couple of companies sharpen up their attitude is

"The accuracy of this information is under query by the data subject and has been referred to the ICO for guidance and/or disciplinary action."

[MAGDA]

Hi Jasper, many thanks for your reply. I did send a secure email to experian (I have a 30 day free trial to access my file) and they have answered now stating that they will contact the companies concerned and in the meantime will put a notice on showing that I have disputed the entries. As you say, I'm sure the companies themselves will come back and say that the entries are correct and I will have a battle to get these entries removed. It actually is really unfair that these accounts actually reflect our financial situation as it was around seven years ago and they are still showing these details on our files now, except with amended dates for the deafault, to make it look like a more recent event, which creates the impression that we have recently defaulted on accounts, when in fact that isn't correct at all.

 

Will follow your advice and write to all of the CRAs I think to make it more formal and also to the companies themselves letting them know that I will be contacting the ICO to dispute these entries further.

 

Amazing isn't it how easy it is for these companies to log these entries and how difficult it is for us to actually get them removed.

 

Many thanks again,

 

Magda

[Jasper1965]

Good luck with this, perhaps HHJ Waksman should be copied in so he actually begins to understand how these leeching companies use the default at the CRA as a stick to beat people with.

[MAGDA]

Good luck with this, perhaps HHJ Waksman should be copied in so he actually begins to understand how these leeching companies use the default at the CRA as a stick to beat people with.

 

Hi Jasper, thanks for the good wishes, will probably need them! The trouble with judges like HHJ Waksman is they don't actually live in the real world, everything is black and white as far as they are concerned.

 

Will let you know how I get on.

 

Magda

[beachcomber60]

Hi Magda,

 

Still aint over for us grrrrrr

 

Although GE stated it was all a mistake & data would be removed from the CRA's its still showing

 

Have emailed Experian & told 'em to remove it from both our files, the response I got was that they have been told by GE that it has to stay 'a little longer' told them to get it removed our we'll see them in court after I've first spoken to our MP.

 

Got a reply same day (unusual for Experian) stating they misread GE's instructions & all data will be removed within 48 hrs.

 

Gotta keep fighting & threatening these muppets.

 

As soon as its deleted I intend cancelling my £7.95 monthy membership - they only take the side of the creditors.

 

Incidently, OH had a claim discontinued by Cohens after defence was put in, Cohens/CL then deleted default & file from the CRA's - so yes yours should be deleted.

 

Beachy

[MAGDA]

Hi Beachy, glad you seem to be getting there and will soon have the entry off your credit file. I am going to write to GE and ask them to remove the entry (and also the other companies who have also placed incorrect info on our file) and if they won't play ball, will then take it further. The credit ref agencies are just like the courts, they take everything the creditor says as Gospel, and when we say they are wrong, they side with the creditor anyway.

 

Well done with your own battle and your success against Link Financial (always nice to hear of someone getting the better of them:-D)

 

Will update if I get any news.

 

Magda

[beachcomber60]

Likewise

 

Hopefully by the end of the week my thread can FINALLY be moved to legal successes

 

To be honest by GE doing the same to you proves that they told 'porkies' to our MP by saying it was all a mistake & the letters were all automatically generated.

[MAGDA]

Exactly. They do it out of spite - can't enforce the 'debt' so they start messing with our credit files. I bet GE will have another story entirely when I contact them. I noticed on another thread that they have gone one step further and actually issued proceedings against someone for an account that had already been subject to litigation - same scenario as ours, assigned to a third party and then reassigned back to GE (or so they claim). How stupid is that.

 

Magda

[MAGDA]

Just to update - as posted on one of my other threads: Credit agencies have checked with the creditors, who state that the info they have given is correct and they want it to remain on my file. I'm now just in the process of writing letters now to GE etc and will no doubt get a similar response. At least then, though, I can take it further if I have it in wiritng that they are refusing to remove the incorrect info from my file.

 

Can see this dragging on for a while:yawn:.

 

Magda

[the_shadow]

Sigh we really need either the ICO to grow a pair and start enforcing/sanctioning against inaccurate reporting of data in a quickly/timely fashion or we need some sort of CRA overseer to look at the quality of data accuracy or rather inaccuracy reported by these firms.

 

S.

[MAGDA]

Exactly, I couldn't agree more. I was speaking to someone from Experian yesterday and they said it takes the creditor a couple of seconds to put adverse information on your file, whereas, as I had mentioned, it is a long process to get it removed again and currently a very unfair system.

[beachcomber60]

I'm still fighting them Magda.

 

Experian place a dispute marker everytime I complain, all I've managed to do is get the late payment markers removed. Although I've got confirmation in writing that I owe GE £0 & the account is closed the CRA files still shows that payments are up to date & the balance is still the sum Link took us to court for (and lost )

 

Spoke to GE during the week & was told that the whole file should be removed from the CRA's as it is now closed & £0 outstanding but it takes 28 days minimum to 'amend' the CRA files - I asked if that is the case why is it that 'adverse' data can be logged with a click of a mouse -

Response was 'mmmmm I cant really answer that question'.

 

Mine has been going on since March when Link sold it back to GE - have given them a final seven days to get it sorted or I'll consider all options to take against them & the CRA - even when you win in court your still 'punished'.

 

Beachy

[the_shadow]

I think the only thing you can do in that case beachy is to issue an LBA and seek an injunction against them reporting to the CRA's, they clearly are taking the P, putting them at notice via an LBA gives them 14 days and might focus their mind into ensuring they do remember to cease reporting at the next monthly cycle.

 

S.

[MAGDA]

Hi Beachy, it really is a joke isn't it. Basically, they can put whatever information they like on our credit files, whether it is correct or not. Might be worth doing as Shadow advises if they don't sort things in the next seven days - might make them sit up and take notice at least.

 

I've got Lloyds TSB now as well. It's an account that defaulted in 2004, but Lloyds has stated that the default occurred in 2010, so that will stay on the credit file for another six years if I don't do something about it. Talk about banging your head against a brick wall.....

 

Hope you finally get this sorted very soon.

 

Magda

[pocster]

Hi,

 

Sorry to pickup on the tail of this. But can't you take them to small claims court for defamatory credit rating and be awarded compensation for distress?. I too have a very long tale with retarded GE - but on this one point I was considering court action though they claim the credit rating is now 'clean' (apparently just a 'query' on it); I still feel compensation is justified.

 

thanks

[MAGDA]

Hi Pocster, seems like GE make a habit of messing up credit files, certainly seems to be a pattern. I'm not sure how successful a claim for compensation would actually be or how much you'd be likely to get, as I don't have any experience of that, but hopefully you will get a bit more advice from someone with more knowledge on that.

 

 

 

Magda

[MAGDA]

Well, heard back from GE and they said they will investigate my complaint and then get back to me - I can just guess what their reply will be. Also heard back from Lloyds TSB (which is a surprise, because normally they just ignore letters sent to them). Lloyds say: "A default notice is issued to inform a customer that an account will be defaulted if it continues to run as it has been. However, the default is not applicable until the account is transferred to our Consumer Debt recovery dept." They then go on to say: A default notice and a solictor's letter needs to be issued before we can pass an account to CDR. These were sent on XXXXXXX 2010. Your account was then transferred to CDR and the default became active." They then say: "Your comments regarding the arrears being cleared have been noted, however, I cannot find any evidence that this was done against your wishes."

 

Well, in actual fact, the account fell into arrears in 2004, which is when tsb were sending out their letters demanding payment, etc. I cannot see how it is fair to act as they have. They cleared the arrears (and as I didn't agree to that, they most certainly did do it against my wishes) simply to treat the account as live again and to get to a position where they felt they could default it seven years down the line.

 

Any advice really welcome.

 

Magda

[cymruambyth]

Did they clear your arrears with the October 2008 letter amending part of your t&cs, but not sending out a full copy? Then waited 2 years before ending this and starting all the threats again?

[MAGDA]

Hi Cym, I actually had a letter from then around Aug 2009, up until then I had been paying token payments every month which they were accepting. They suddenly wrote out of the blue and said they were clearing the arrears to give me a fresh start, knowing full well we weren't in a position to pay the contractual repayments each month, so obviously, all this meant was that arrears would begin accruing again. What they did this time though, second time around, was to demand the contractual repayment, then when it wasn't paid, to say that we were one payment in arrears, then two, and so on, until it resulted in a default on the credit file in 2010. In actual fact, we last used the card around the end of 2003, and hit problems early on in 2004, which is when Lloyds would originally have demanded repayment of the outstanding sums. They are now claiming that they are perfectly entitled to have placed the default end of last year, because it was just prior to this that the account was so-called officially passed to their Consumer Debt Recovery Dept. They claim any default doesn't actually become active until this is done. Sounds like complete rubbish to me, and extremely unfair because it means that a default can suddenly appear on your credit file years down the line and isn't an accurate picture of how the account is being run at all. Have you had a similar experience with Lloyds?

 

many thanks, Magda

[cymruambyth]

Hi, yes similar story. DN 2003, letter from solicitors requesting full amount. Arrangement to pay, same letter 2009. 2010, arrangement ends, interest etc added. New DN and same letter from solicitors. On both occasions account has gone around the usual DCAs.

I haven't done a recent CRA check as I'm trying to find a free one as the one I tried wanted £14.99 pcm:shock:

 

Yes 2 or more bites of the same cherry.

[MAGDA]

Experian (Credit Expert) and Equifax offer free 30 day trials online, might be worth trying one of them. They do take your card details, but they won't take any actual money provided you cancel within the 30 day period. Bet Lloyds have put a default on your credit file as well, seems to be their little game at the moment. Funny, because both our accounts defaulted around the same time, didn't they.

 

Think I will get in touch with the ICO (although I rang them and they were really wishy washy, couldn't have been much less interested if they had tried). Might also be worth getting in touch with the FOS, I suppose. Makes me really cross because I didn't default on the account in 2010 and haven't defaulted on anything in recent years. Still, will keep pushing and see what happens.

 

Be interesting to hear from anyone else this has happened to, I bet there are a lot of other people in the same boat.

 

Let me know if they've put a default on yours as well. Hope they haven't.

 

regards, Magda

[cymruambyth]

Yes they have shown a default! As I never cleared the original default then they cannot default a second time!

[MAGDA]

No, exactly. According to Lloyds letter that I received in response to my complaint, what they have done is perfectly ok and they haven't made a mistake! I'm sure they just do it out of spite.