Outstanding Debt Search - help please!

[davidscreditfile]

Libel too if it's incorrect data.

 

I've asked Brig re letter to send them, hopefully with a threat re your post?

[BRIGADIER2JCS]

I use the general complaint forms issued

by the regulators together with a concise

but detailed explanation of the complaints,

responses are quite slow apart from acknowledgments.

I don't think there is any thing in the library.

If you put something together I'll be happy to

assist in any way.

 

Brig.

[davidscreditfile]

I use the general complaint forms issued

by the regulators together with a concise

but detailed explanation of the complaints,

responses are quite slow apart from acknowledgments.

I don't think there is any thing in the library.

If you put something together I'll be happy to

assist in any way.

 

Brig.

 

I'm guessing I would need to SAR the company in the first instance, as the debt would not relate to my date of birth, it's another guy with the same name (I've had Halifax take off similar information) - so they would probably have to write to me stating they have no info relating to me and remove the search?

 

Failing that, complain to relevant bodies and them demanding the withdrawal of the search for not following data processing regulations in verifying their inormation is accurate and relates the the correct data subject??

Thoughts?

Div

[BRIGADIER2JCS]

If you want to complain directly to the CRA holding the data

you need the following detail.

 

The name of the company that placed the entry.

The Date Placed.

The nature of the entry ie.,search/default

The reference number of the file entry

Your ''membership'' number if you have one

or the report number itself which contains dates etc.

 

List your complaint (s)

Clearly and concisely

State what you want the to do to remedy

the situation.

 

Sum up, here you could mention the matters

you have herd about ref: misleading statements

on table1 searches and ask for a formal response

to your concerns as to the actual use of the searches

the seen or not seen by lenders, and the impact

if any on credit status.

Send RD Private & Confidential

To the COMPLIANCE MANAGER.

 

Hope this helps.

 

Brig.

[davidscreditfile]

If you want to complain directly to the CRA holding the data

you need the following detail.

 

The name of the company that placed the entry.

The Date Placed.

The nature of the entry ie.,search/default

The reference number of the file entry

Your ''membership'' number if you have one

or the report number itself which contains dates etc.

 

List your complaint (s)

Clearly and concisely

State what you want the to do to remedy

the situation.

 

Sum up, here you could mention the matters

you have herd about ref: misleading statements

on table1 searches and ask for a formal response

to your concerns as to the actual use of the searches

the seen or not seen by lenders, and the impact

if any on credit status.

Send RD Private & Confidential

To the COMPLIANCE MANAGER.

 

Hope this helps.

 

Brig.

 

How about this;

 

 

 

Mr XXXXXXXXX

Address

Xxxxxxxx

Xxxxxxxxxx

Xxxxx

 

Date:

 

Re: Complaint – Searches

 

Credit Report Ref No: XXXXXXXXXXXX

Created: XXXXXXXXXXXXXX

Company Name: Apex (Apex Credit Management Limited)

Search Reason: Outstanding Debt

 

 

 

Dear Compliance Manager, Equifax,

 

I would like to lodge a formal complaint against your company and would like a clarification response to the below;

 

On 6.6.2011, I submitted a dispute online, concerning Searches contained on my credit file within Table 1 of my report. I informed you that I believe Apex Credit Management have the wrong data subject and asked you to verify that their information was accurate and correct.

 

I also posed the question regarding which of, Table 1 and Table 2, on my online credit report, were actually visible by potential lenders and other organisations.

 

On the 08.07.2011, I received a reply from Emma Dempsey, advising me that Apex Credit Management had investigated my claim and that the search was to remain on my file. I was also informed that searches carried out in Table 1 are not visible to potential lenders or any other organisations. This was concurred by your client Apex Credit Management.

 

I would demand that you seek evidence from your client Apex and ensure that they do indeed have the correct data subject, complying with the First and Fourth Principles of the DPA 1988 and on the advice given my the Information Commissioners Office on the registering of Information. During this process I would also demand the removal of this search until you have verified the above.

 

I would also like clarification on searches contained within Table 1 of my credit report. On numerous occasions, both Equifax and your clients have stated that searches in Table 1, are not visible to potential lenders or other organisations. However, this in contrary to the information provided by Equifax online, within “Information about searches” Where it states that searches in Table 1, can be seen by potential lenders and other organisations.

 

It also contradicts information given by Equifax to a Megan Webster, Adjudicator at the FOS,

Quote ''Equifax has clarified to me that a lender WILL be able to see these types or searches and it may be something that has an impact on a decision''

She goes on to state.

''A lender doing a credit search may wish to take into account any outstanding debts an applicant might have”

 

Finally, I would ask for a formal response to my concerns as to the actual use of the Table 1 and Table 1, are they seen or not seen by lenders, and the impact if any on a subject’s credit status.

 

I would be grateful for a response within 14 days,

 

Regards,

 

 

xxxxxxxxxxx

[BRIGADIER2JCS]

Excellent letter far better than any template, because

it's written with conviction!!!

Get it posted..

Brig.

[davidscreditfile]

Excellent letter far better than any template, because

it's written with conviction!!!

Get it posted..

Brig.

 

Printed and will send RD tomorrow

[davidscreditfile]

I received this reply from Apex regarding disputing their credit search for outstanding debt on my Equifax credit file.

 

This is the reply;

 

 

Dear Mr xxxxxxxxxx,

 

Following my email below.

 

Apex Credit Management works on behalf of a number of high street banks and creditors for the purpose of debt collection and trace. This account was passed to Apex by Lloyds Banking Group who have requested that we trace and collect on behalf of them.

 

I understand that you have requested a copy of your agreement for the above account, please note this will need to be requested directly to Lloyds Banking Group who remain the data controller for this account, this copy of agreement and terms and conditions will state that Lloyds Banking Group can outsource the accounts to Debt Collection Agencies such as Apex Credit Management to trace and collect.

 

Having contacted our trace department they have confirmed that this search is correct and is to remain, however If you dispute this you will need to contact Lloyds Banking Group directly as we will require confirmation that this account was sent to us in error.

 

Regards

 

Compliance Advisor

 

 

- I have already complained to Apex and Equifax, but now they are telling me that Lloyds have informed them the search is correct.

 

Any ideas as I never have had any Lloyds account at my address and I have only lived at 1 address. I feel like I am being given the run around.

 

Thanks for any help in advance,

 

David

[BRIGADIER2JCS]

David just tell them you are not nor ever have been

a customer of Lloyds Bank or any of its' associated companies

therefore cease and desist from further contact with me,

any further contact will result in action for harassment

without further notice.

[davidscreditfile]

David just tell them you are not nor ever have been

a customer of Lloyds Bank or any of its' associated companies

therefore cease and desist from further contact with me,

any further contact will result in action for harassment

without further notice.

 

They have never sent any letters to me....they conducted a debt tracing search.. I am guessing through the voters roll, and found my name and then did a credit search.. If I send them a letter, with the above wordings, will that have them remove the search - as it is fairly negative, considering anyone potentially giving me credit will see this and probably decline! - There is no account number or anything, just outstanding debt search undertaken by Apex on 2 dates.... ;-(

Div

[BRIGADIER2JCS]

Yes send that letter and TELL THE TO REMOVE THE SEARCH DON'T ASK

copy in the CRA's as well.

Brig.

[davidscreditfile]

will do

thanks

Div

[BRIGADIER2JCS]

Keep us Posted,

 

Brig.

[themadcap]

Any news on this?

I have had the same done to me, had a vodafone account d/f 2005 it was with Lowells but I had already paid it off before they got it and have the receipt from Allied International, so told them to take me to court everytime Lowells wrote to me as I would not provide them with the receipt, got a letter from Muck Hall last month acting for Lowells told them the same "go to court, already paid etc" they said ok send it back to lowells, it is now gone 6 years and the D/F has fell off leaving my report clean except for a brnad new "outstanding debt" search from Muck Hall, why would they need to search for me I already told Lowells that it is me so never any need to try and find me.

Awaiting response from Equicrap but know what they will say.

[BRIGADIER2JCS]

You have to take this up with MH,

the CRA cannot remove or amend the

entry themselves,

So write to the compliance manager at MH

(Rob Sands I believe) and request removal

of the search, it maybe that they have another

matter in hand and have done a search, was this on

Table 1 of the report? And what date was it placed?

You will need to check Experian and Call Credit

as MH use them all.

[themadcap]

Yes it was on table 1, it looks like they know the are dealing with SB's but try and put a bad mark on your file.

[BRIGADIER2JCS]

Have you any inkling of any thing SB that

might crawl out of the woodwork about now?

[davidscreditfile]

Have you any inkling of any thing SB that

might crawl out of the woodwork about now?

 

No word as to my letter. I have had 1 O/S Debt Search removed, but still waiting on other 2 from same company.

 

I am of the firm belief that these searches are deliberately carried out in order to be a negative against your file. My file is clear except for these 2 searches done in December 2010 and January 2011. Any potential lender would probably decline, having seen these O/S debt searches.

 

If the default dropped off, explain to your CRA that it has dropped off and the DCA had no authority to conduct a search and demand it removed.

I would also write to the DCA and ask them on what authority have they conducted this debt search, as they would not have the authority from their client as the accounts not dropped off.

It seems the trace department might still have the file.

Div

[BRIGADIER2JCS]

The allegations of vexatious searches on credit

file has been around for many a long year, and

has been much tested with the ICO and indeed FOS,

with very few successes, the ICO is of the opinion

that such searches as long as they reason for the search

is genuine and necessary to the DCA's business

and that the principles laid down are met, the ICO

also says that these searches if they are compliant

should be seen by prospective lenders.

Anyone who has signed or marked the box on

a CCA regulated agreement has given permission

for the creditor, their assigns to record data with the

CRA, there is no specific time limit laid down, off

the report or not as debts/defaults paid or not are

removed after 6 years.

[themadcap]

Have you any inkling of any thing SB that

might crawl out of the woodwork about now?

No Brig not had debts for years, everything I had was 2005 and this was the last of them

cheers

[themadcap]

I agree totally David, its their last chance to do something to you as they know there is no chance of legal recovery so try and hit you with this for another 2 years

No word as to my letter. I have had 1 O/S Debt Search removed, but still waiting on other 2 from same company.

 

I am of the firm belief that these searches are deliberately carried out in order to be a negative against your file. My file is clear except for these 2 searches done in December 2010 and January 2011. Any potential lender would probably decline, having seen these O/S debt searches.

 

If the default dropped off, explain to your CRA that it has dropped off and the DCA had no authority to conduct a search and demand it removed.

I would also write to the DCA and ask them on what authority have they conducted this debt search, as they would not have the authority from their client as the accounts not dropped off.

It seems the trace department might still have the file.

Div

[themadcap]

But in my case I never denied where I lived or who I was to Lowells so what would be the point of a search? I didn't need to be searched for as they already had all my valid contact details as I had spoken to them many times asking them to take it to court as I was totaly comfortable with my position so any search has been solely to leave a mark on the file as one last hoorah for these idiots.

 

The allegations of vexatious searches on credit

file has been around for many a long year, and

has been much tested with the ICO and indeed FOS,

with very few successes, the ICO is of the opinion

that such searches as long as they reason for the search

is genuine and necessary to the DCA's business

and that the principles laid down are met, the ICO

also says that these searches if they are compliant

should be seen by prospective lenders.

Anyone who has signed or marked the box on

a CCA regulated agreement has given permission

for the creditor, their assigns to record data with the

CRA, there is no specific time limit laid down, off

the report or not as debts/defaults paid or not are

removed after 6 years.

[BRIGADIER2JCS]

No Brig not had debts for years, everything I had was 2005 and this was the last of them

cheers

Then the answer is a formal complaint to the Compliance manager demanding

an explanation for and the removal of the search fortwith, send it RD.

 

Brig

[themadcap]

Ive emailed robert sands at mackenzie hall, i'll give him a day or 2 to respond and then send out a complaint

cheers

[BRIGADIER2JCS]

I've had many dealings with Rob Sands and will say I have

found him sensible and reasonable if he is approached in the same way.

 

Brig.