Robinson way/JD Williams

[sturose]

Update me please, what information have you

got from JDW, or RW so far.

If nothing wort while I would write to both parties and

simply state that as they have failed to prove the

authenticity of the debt and their right to collect,

you will not enter into further correspondence

of any kind.

This is your FINAL RESPONSE, any further contact

will be considered harassment contrary to the Administration of Justice Act 1970

section 40 (1).

 

Brig.

 

I started receiving demands a few months ago so I sent CCA request.

They replied stating that it did not exist so I sent the account in serious dispute letter which they replied to stating that although they cannot take this through the courts they can still request payment and they have a duty to report to the CRA's.

 

I have heard nothing from them since but being the persistent git I am I wanted to find any way to remove the default from the credit file as I really do NOT believe that this is anything to do with my partner.

 

I am certain that they will not bother harassing us over this as they have admitted in writing no CCA and they can't enforce through the courts but I just wondered if there was anyway I can force either them or the CRA's to remove the default entries as this is obviously damaging my partners credit rating.

[BRIGADIER2JCS]

Only the company that placed

the entries can remove them,

the only way to try to get them to

cooperate is to write again

giving the reasons for requesting removal,

as this comes under compliance address ot to the compliance manager.

Also e-mail the CRA's requesting the removal, and they will also contact

the creditor and ask if it can be removed,they will inform you of the result.

 

Brig.

[sturose]

OK thanks brigadier.

 

I am in the process of writing a letter as I write this. Any pointers as to what I should include in the letter. i.e. legal or regulatory body references?

 

So far I have stated that after viewing my credit file it is apparent that the debt isn't mine due to the date of birth and I follow on to state that I have never dealt with them or any company they are claiming to represent and demanding the removal of entries on my credit file. I have stated at the end of the letter that failure to comply will result in formal complaints to the relevant authorities and I may consider legal action against robbers way!!

 

Would something basic like this be sufficient or do I need to put any legal references in the letter?

[BRIGADIER2JCS]

I''' tell you how I feel about quoting extracts of law in

most cases it's irrelevant and a lot of the time it's not read,

I believe in KISS keep is ''simple stupid''.

When I involved professionally I dread ''barrack room lawyers''.

 

Just state the facts and say what you want.

 

brig.

[sturose]

Ok thanks.

 

Am I weird because I am getting a little bit of pleasure out of fighting these low life???

[BRIGADIER2JCS]

No, I enjoy my work here and professionally.

[sturose]

I have finally had a response from experian regarding this.

 

They have stated that RW have responded saying that the entry is correct and will remain on my partners credit file even though they cannot prove the existence of the debt.

 

Based on this any company can place a default marker on anyones credit file and claim it is correct without having to offer anything by way of proof!!!!

 

How the hell do we fight this when companies don't even have to prove that a debt exists or that they are even chasing the correct person for the alleged debt?

 

I'm at a complete loss now with this one.

[sturose]

*******

Edited November 21, 2011 by sturose
Double posted

[BRIGADIER2JCS]

Hi Stu, you need to take this to the top at RW if they state

they have no evidence of the debt the entry is unfair, so it's complaint

time to OFT and ICO.

Then collate all you paperwork and send a formal complaint to

RW as well addressed to the DATA Controller.

[sturose]

I will be doing that brig but the problem I have found with RW is they only read what they want to read. I have stated twice now in previous letters that this debt has nothing to do with my partner but each time they reply with "What have you done to return the goods" etc. WHAT ******* GOODS, I've never had anything from these clowns as far as I am aware!!

 

They are really starting to frustrate me now as they seem adamant that they are chasing the correct person but I have even had a letter from them stating that they will not be chasing anymore because I have stated that we are not who they are looking for. I can only assume that they can offer no proof whatsoever regarding who this debt is connected to.

 

I will scan their last letter and post it so you can decide for yourself if they seem certain or not.

 

 

Does that sound like they are convinced they have the right person????

Edited November 21, 2011 by sturose

[Guest]

sturose

some default info

http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info

[sturose]

Thanks, I'll have a read through that later when my headache has gone!

 

Brig, do you think a modified version of the letter you gave me on my other thread would be ok to use with these clowns? After all it still relates to a default that should be there albeit for different reasons.

[BRIGADIER2JCS]

Yes Stu, good idea give me a shout if

you need any pointers.

 

Brig.

[sturose]

OK thanks mate, I'll have a go and post my letter up when I'm done so you can edit as needed.

 

It'll be tomorrow now though as I'm sick of reading tonight.

[Guest]

Thanks, I'll have a read through that later when my headache has gone!

 

Brig, do you think a modified version of the letter you gave me on my other thread would be ok to use with these clowns? After all it still relates to a default that should be there albeit for different reasons.

 

it is a bit of a read, but useful.

as you admit, '...it still relates to a default that should be there.......' but...?.

Edited November 21, 2011 by Ford

[BRIGADIER2JCS]

The justification of a ''default'' its reasonablness, etc is for ever going to be

a matter if conjecture until there is just more than guidance on how, why and

when a default is appropriate.

Brig.

[Guest]

that aside, the ico default guidance is currently relevant and useful. particularly if someone is trying to correct inaccurate default info on their credit files. including when using statute such as s159 cca and/or the data prot act. and complaining, to the ico itself for eg.

Edited November 21, 2011 by Ford

[BRIGADIER2JCS]

Quite true!!!!

[sturose]

The justification of a ''default'' its reasonablness, etc is for ever going to be

a matter if conjecture until there is just more than guidance on how, why and

when a default is appropriate.

Brig.

 

This is one of the biggest problems IMO. It appears that companies can register a default with very little factual evidence but the consumer whose file had been damaged for years to come will almost certainly NOT get it removed without jumping through many many hoops.

 

I understand that in many, possibly even the majority of cases that defaults are justified and correct but when they are not it is virtually impossible to do anything about it.

[sturose]

How does this look Brig, is there anything I should add or remove?

 

Dear Robbers

 

I write in reference to your companies continued posting of default entries on my credit files.

 

I have written to you on numerous occasions stating that I have never dealt with you or any company you claim to represent, however you insist on continuing to post defamatory entries on my credit files. The date of birth is incorrect and therefore cannot relate to myself.

 

This default entry is and has caused me great difficulty and embarrassment in my financial dealings; I therefore require the removal of ALL ENTRIES ON ANY CREDIT REFERENCE AGENCY FORTHWITH.

 

Failure to comply WILL result in a complaint to the ICO, OFT and your local trading standards department without further notice to you.

 

I expect confirmation within 7 working days of the date of this letter, if I do not receive a satisfactory response I WILL take further action.

 

 

Yours sincerely,

 

 

I have stated again at the top of the letter in bold 'I do not acknowledge any debt' etc and formal complaint.

[BRIGADIER2JCS]

That's great Stu send it RD addressed to

the Compliance Manager.

 

Brig.

[dx100uk]

i would also inc that you seek compensation for the incorrect entries and the harm this has done your availability of cheap credit

 

typically its £1000 per entry!

 

dx

[sturose]

OK thanks, I'll send it tomorrow.

 

Maybe the threat of seeking compensation will be enough to make them think about removing the default.

 

How does this sound after the last line?

 

"I will also seek compensation for the incorrect entries and the damage they have caused to my financial standing"

Edited November 22, 2011 by sturose

[BRIGADIER2JCS]

Correct!!!!

[sturose]

Great. I'm starting to enjoy my time on this site. I wish I had a few more of these scumbags chasing me!!