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

[dx100uk]

you need to await their reply

 

dx

[BRIGADIER2JCS]

I agree with DX wait for their reply, did you send the

letter recorded delivery and trace delivery.

If not send again usung RD.

[DBY]

Hi Brig

 

Yes letter sent RD, received 29th March - took a screen shot of the royal mail web page with the details, so have additional evidence as well as the original receipt and letter.

In your opinion how much longer should I wait? To further expand, the guy on the phone was not interested at all in the fact that they had registered a late default, he got even more annoyed when I told him im recording his call!

[BRIGADIER2JCS]

Time to send them a short sharp reminder.

 

The problem with phoning these people is that you

only get to speak to a customer (dis)service oik with

no authority and even less knowledge jus a script to

parrot over the phone.

 

Remind them of the ICOs statement that defaults

should be place within 6 months of the cause of action.

State that you now require a copy of their complaints

procedure as you are going to complain to the ICO

and FOS.

RD it track and trace addressed to the Data Controller.

[DBY]

does anyone know if Creation financed deals for HFC bank? I had a CCJ for HFC although I dont have the full details, but suspect the CCJ (which has now fallen off my credit file) was for the same debt as the ones Creation are logging these defaults - perhaps an SAR to Creation and HFC?

[dx100uk]

well if thats the case

it should NOT be on your CRA file at all

 

you cant have debts listed twice or re-appear after its already fallen off

 

even if its not the same one

 

if you had an HFC loan or whatever

 

i bet you had PPI

 

you can reclaim that even today

 

dx

[DBY]

somethings not right.

I'll SAR Creation to see what they have.

I actually phone Creations head office, spoke to the lady who is dealing with my query - shes denied shes ever received anything, although she has confirmed last payment dates. Time to send the last letter before action me thinks!!

[BRIGADIER2JCS]

does anyone know if Creation financed deals for HFC bank? I had a CCJ for HFC although I dont have the full details, but suspect the CCJ (which has now fallen off my credit file) was for the same debt as the ones Creation are logging these defaults - perhaps an SAR to Creation and HFC?

 

Yes SAR both you must find out what is going on.

[DBY]

OK update from Creation.

 

Unbelievable answer recevied, stating they (Creation) will not remove the defaults (registered in 2009 and 2010) from the CRF as that is the date they sold them onto a third party! Nothing to do with the fact they should have registered them within 6 months of the cause of action. Response received from their customer complaint advisor.

Next steps? ICO, Court, etc?

[DonkeyB]

ICO, OFT, Trading Standards. have they put that in writing?

[DBY]

ICO, OFT, Trading Standards. have they put that in writing?

 

Yes indeed the numpties have.

[DonkeyB]

Even better.

[DBY]

Even better.

 

wondering whether I should sue them.

[DonkeyB]

Was their letter marked ‘final response’? Could you redact and post it up?

[DBY]

No, not final response.

Let me scan it and play around with it then i'll post it up a bit later - have to pop out for a bit.

[DBY]

 

 

 

 

 

Herewith the letter from Creation, in all its glory, and it does state final response.

Next Steps?

Edited May 30, 2012 by DBY

[dx100uk]

i'd quote this:

box on page 6 i think:

[DBY]

Ive spoken with quite a helpful chap this morning, emailed them with the ICO pdf file, pointed out section 11 as they seem to only think section 9 & 10 apply to them.

 

'As per our telecon this morning I have today received your letter in respect of an ongoing query regarding two very old accounts from 2005 and 2 subsequent defaults placed on my credit reference files in 2009 and 2010.

 

Your organisation has the previous letters I have sent in order to get Creation to conform to the ICO legislation regarding the placement of defaults on accounts.

 

The letter received from you today states;

 

'Guidelines issued by the Informtion Commissioners Office confirm that a default should be recorded to a customers credit file when there has been a breakdown in the relationship between the business and the customer, and explain that one example of this is the transfer of a customer's debt to a collection agency.'

 

This relates specifically to sections 9 and 10 within the attached ICO document in respect of defaults however, and im sure this is an oversight, section 11 detailing timelines has not been adhered to. This states as follows.

 

'Accounts should normally be filed as being in default where those payments due have not been received for 6 six months.'

 

It is clear that to report a default in excess 4 & 5 years after the initial customer default goes against the ICO guidelines. Creation should have done so within 6 months, no longer.

Furthermore I have this morning confirmed this with the Information Commissioners Office who have suggested that in order to correct the reporting of my personal data by Creation I should log a complaint.

 

Appreciate your urgent assistance in this matter.'

[DonkeyB]

Ive spoken with quite a helpful chap this morning, emailed them with the ICO pdf file, pointed out section 11 as they seem to only think section 9 & 10 apply to them.

 

'As per our telecon this morning I have today received your letter in respect of an ongoing query regarding two very old accounts from 2005 and 2 subsequent defaults placed on my credit reference files in 2009 and 2010.

 

Your organisation has the previous letters I have sent in order to get Creation to conform to the ICO legislation regarding the placement of defaults on accounts.

 

The letter received from you today states;

 

'Guidelines issued by the Informtion Commissioners Office confirm that a default should be recorded to a customers credit file when there has been a breakdown in the relationship between the business and the customer, and explain that one example of this is the transfer of a customer's debt to a collection agency.'

 

This relates specifically to sections 9 and 10 within the attached ICO document in respect of defaults however, and im sure this is an oversight, section 11 detailing timelines has not been adhered to. This states as follows.

 

'Accounts should normally be filed as being in default where those payments due have not been received for 6 six months.'

 

It is clear that to report a default in excess 4 & 5 years after the initial customer default goes against the ICO guidelines. Creation should have done so within 6 months, no longer.

Furthermore I have this morning confirmed this with the Information Commissioners Office who have suggested that in order to correct the reporting of my personal data by Creation I should log a complaint.

 

Appreciate your urgent assistance in this matter.'

 

Think this is spot on. Let’s see the response to this.

[DBY]

Not holding my breath.

[DonkeyB]

Not holding my breath.

 

In which case the ICO will have them by the goolies. Nice to know it takes four or five years of non-payment for them to notice that a relationship has broken dow. They will be laughed at.

 

You are now entitled to sue as they have issued a final response, and I would waste no time going to the ICO. An inquiry will cost them a lot of money.

[DBY]

In which case the ICO will have them by the goolies. Nice to know it takes four or five years of non-payment for them to notice that a relationship has broken dow. They will be laughed at.

 

You are now entitled to sue as they have issued a final response, and I would waste no time going to the ICO. An inquiry will cost them a lot of money.

 

i'll give them 24 hours to reconsider - after all if I show that I've given them every opportunity to resolve the issue and they still remain both stubborn, ignorant and above regulation then they only have themselves to blame when they receive a FOS complaint, an ICO complaint and an OFT complaint along with paying me a nice little earner for trashing my credit files. OK, lets see what they come back with - if not satisfactory then the 'machine' will roll into action in respect of the complaints. I'll also need a bit of assistance/guidance taking these money monkeys to court.

[DBY]

.....am i also right in think that cos the debt is SB'd, any evidence of it should be removed from my credit file anyway?

[DonkeyB]

Their actions make it clear to me they are using the deliberate recording of false defaults as a threat and as a debt collection device. Naughty.

[DonkeyB]

.....am i also right in think that cos the debt is SB'd, any evidence of it should be removed from my credit file anyway?

 

Not necessarily. Depends if a proper default was EVER recorded. If it wasn’t (and their actions imply it was not), then they are probably stuffed.

 

Note that this is nothing to do with a default notice. But as they should record a default with the CRAs within six months of an actual missed payment, then there should be no further recording of the debt with the CRAs beyond six years and seven months from the date of the last payment. Anything beyond that is demonstrably unfair. So in theory while a debt may be SB, it can still appear on your CRA report for maybe a further six months, legitimately.

 

But in your case, there was no default recorded way back then, it appears, and they can’t (AFAIK) add it retrospectively – so it should be removed. What are the actual timescales, to the month?