Creation Consumer Finance - Very late registered defaults - help needed!

[BRIGADIER2JCS]

Yes SAR to the original creditor.

[DBY]

I did the same thing with a car in 2005, VW finance still have the a/c open and putting late payment markers on my CRF even though 6 years has passed since my last payment-shouldnt this be statue barred?

[dx100uk]

yes and it should not be on your CRA file either

complain to the CRA with proof of your last payment.

 

dx

[DBY]

Dont think i have proof of last payment (DD was cancelled in 2005), have complained already to experian, they had a response from VW saying the information is correct! Next step?

[DBY]

Creation have responded to Experian stating the information they hold is accurate and that they will not remove the defaults. The debts are now SB'd for sure although I have no account numbers in order to SAR them, is anyone able help here?

[DonkeyB]

Time for an LBA to both Experian and Creation.

[dx100uk]

you dont need any a/c numbers to SAR

just inc all addresses though.

 

dx

[DBY]

Whats an LBA?

 

Oh ok, letter before action, ok so how should that go? Do i need to SAR first?

[DBY]

Quick update - fired off a letter at the end of November - received a response today requesting I provide more information, previous address, reference numbers etc as they are unable to locate any of my details - strange since i fired off a letter, stating previous address's, even sent a copy of their entries on my CRF. Oh well, time to fire off some more details.

[dx100uk]

Dont think i have proof of last payment (DD was cancelled in 2005), have complained already to experian, they had a response from VW saying the information is correct! Next step?

 

as the cra WHY the file is still held on your record

when the last payment makes it sb'ed

 

they must tell you why

 

dx

[DBY]

as the cra WHY the file is still held on your record

when the last payment makes it sb'ed

 

they must tell you why

 

dx

 

Queried the entries before, CRA came back and stated that according to the Creditor the information was correct. Not sure what the CRA will do without any authorisation from the OC.

[DBY]

Queried the defaults again with the CRA, the response received is as follows.

 

'Creation Consumer Finance confirm the details we hold are accurate.

 

They have informed us that the the outstanding balance was not logged as a default until then (2009 and 2010) because it was due to drop off their system and needed to be logged or no record would have remained.

 

You was originally failed to make payment in May of 2005.

 

If you have any further questions please contact their arrears department on the below details.

 

They ask that we keep the information on our database.'

 

Any ideas?

[dx100uk]

they cant just decide +5yrs late to default you !!

 

thats outrageous.

 

dx

[DBY]

they cant just decide +5yrs late to default you !!

 

thats outrageous.

 

dx

 

Any ideas of a course of action?

[dx100uk]

information commissioners office i think

 

dx

[BRIGADIER2JCS]

Hi DBY looking in as requested,

 

This is a misuse of the system, lodge a notice of dispute on the CRA, and make a formal complaint

to Creation copied to the OFT.

As Follows.

The Data Controller

Creation

xxxxxxxxx

Datexxxxx

Your ref:

 

Dear Sir or Madam,

 

I do not acknowledge any debt to you or any company you claim to represent.

 

Further to your correspondence regarding xxxxx and the reponse you have provided

to xxxx CRA concerning the default you have placed on my credit file.

 

As you are no doubt aware defaults are usually to be place with in six months of the

cause of action in this case within 6 months of May 2011.

(DBY this section apllies if the debt is Stat barred ie no payment or written acknowledgment in 6 clear years)

 

Futher to the placement of the unfair default the confirmed last payment being made in May 2005 this would now make the alleged debt

statute barred.

In this situation I confirm that I will not now or in the be making any payment or offer of payment.

In regard to the default placed on my credit file I consider this to be manifestly unfair as the default

should have been removed from my credit file last year, clearly you should be aware that placing

this entry is seriously detrimental to my credit status.

I would seem that this default has been placed purely to allow Creation Consumer Finance gain

a financial advantage unfairly.

 

A copy of this letter and a transcript of you reply is being forwarded to the OFT together

with a formal complaint.

I now require you to remove the credit reference agency entries forthwith, failing

thisI will seek reparation for the damage done to my credit status through the courts.

 

Try that for size.

 

Brig.

[dx100uk]

thanks brig

 

dx

[brokebutnotbeatn]

I would also complain again to the CRA - by their own admission they say you defaulted in May 2005 so it should have been registered and drop off your file in May 2011. Turn their letter back on them,. And do everything else as advised above.

[DonkeyB]

So the CRA admits it knows the default was registered late?

 

Then your ICO complaint must have two elements – the late recording of the default by Creation, and the fact that the CRA has not removed it even when confronted by evidence it gathered itself.

 

This is a financial ‘libel’ on you – worth at least £1,000 in damages. I think a pre-action letter to both the CRA and Creation is in order.

[DBY]

Thanks for this - ill get this out today and see what the response is.

 

thanks again all.

[DBY]

Hi all

 

quick update, sent a letter on the 27th March - no response to date. Tried to call them today, they werent interested in resolving the issue of the defaults, instead wanted to redirect me to a debt collector of whom the statue barred debts now beling too.

 

Any guidance for the next move would be greatly appreciated.

[dx100uk]

i think you need to stay off the phone everything in writing!

 

as for the debt collector - tough its SB'ed.

 

dx

[DBY]

Absolutely - thats all the bloke on the end of the phone was interested in. palming me off to a debt collector without addressing the issue at hand.

 

What now?

[dx100uk]

i suppose you need to await a reply to you letter.

 

dx

[DBY]

Thinking I should send a follow uo, LBA