Cap1 & CCA return

[vint1954]

Unfortunately the CRAs will always take the word of a creditor as gospel, and will not intervene where there is a clear dispute if you can illustrate it.

 

With relation to removing entries placed by a creditor who does not possess an executed agreement, I have a creditor who continued to enforce the agreement despite being in default of s78(1) CCA, whilst s78(6) CCA was in force they added unlawful interest, charges, late payment and default entered against my credit file.

 

Experian said that the creditor stated its entries were correct, and that was it, no room for movement, I am now getting towards the end stages with the ICO - and have clarified that I want the account returned to its lawful state, which would mean the removal of interest, charges, late payment markers and default. Though think we've got about as much chance of that, as Tesco's selling chocolate teapots.Value Value range

 

I know it is an almost impossible task and they know it would be costly to resolve through the courts, but it only takes one win.

 

Regardless of regulations, they have a duty of care to ensure that the information they process is accurate. Relying on the creditors say so, puts them in a very precarious position. They will not be able to hide behing them, if the day ever comes for the piper to be paid. If I told you it was ok to go and pinch several cars, you would need to question it:D

 

The problem we all face is that the regulations are there, but the regulators do not enforce them in general. I am convinced if enough MP's were harrassed over these subjects, more would be done to enforce the regulations.

 

I am about to request authority to process data from one creditor, where I know the outcome regarding that authority.

[vint1954]

Sorry to butt in but........... anyone got any idea where my 'new thread' buttons gone?? Am I the only one or do others buttons disappear from time to time?

TRy the sewing box:D

[vint1954]

I will start a thread for posting.

 

Link below.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

Edited September 29, 2009 by vint1954

[johndeevoy]

The problem with the Credit Reference System is that it was invented by the banks for the banks. Data Protection Laws fundamentally conflict with the purposes of the Credit Reference System as that system was to allow the banks to tell each other whatever they like about you whereas Data Protection Laws allow you to control data about yourself.

 

The Government needs to do something about the Credit Reference System because the controls at present (Information Commisioner, Notice of Dispute) do not work, just as the banks want.

 

Given that the Credit Reference System can have serious effects on individuals lives there needs to at least be a system where a dispute can be registered and taken seriously until resolution of the issue. I would imagine some kind of independant dedicated Credit Tribunial to which people could appeal in respect of abuse of their credit file, invalid defaults etc and in addition legislation stating that any defaults that are disputed will not show on the file until confirmed as legitimate by the Tribunial/Court.

 

As far as I can tell placing a Notice of Dispute on your file is worthless. The system needs to change.

[Stubie]

The problem with the Credit Reference System is that it was invented by the banks for the banks. Data Protection Laws fundamentally conflict with the purposes of the Credit Reference System as that system was to allow the banks to tell each other whatever they like about you whereas Data Protection Laws allow you to control data about yourself.

 

The Government needs to do something about the Credit Reference System because the controls at present (Information Commisioner, Notice of Dispute) do not work, just as the banks want.

 

Given that the Credit Reference System can have serious effects on individuals lives there needs to at least be a system where a dispute can be registered and taken seriously until resolution of the issue. I would imagine some kind of independant dedicated Credit Tribunial to which people could appeal in respect of abuse of their credit file, invalid defaults etc and in addition legislation stating that any defaults that are disputed will not show on the file until confirmed as legitimate by the Tribunial/Court.

 

As far as I can tell placing a Notice of Dispute on your file is worthless. The system needs to change.

 

A job for the Government Consumer Advocate, perhaps?

 

I wonder if we will ever get one :-|

[alisindebt]

OK, I have the reply now from Experian.

 

To recap, there are two entries on my credit reference file. one is from capQuest showing a default, although they have written to me saying that due to a previous default with the OC the account is now closed. The letter that they sent me is published on this forum.

 

The second entry is a defauly by Lowell's, who have also written to me saying that the account is closed due to the fact that Abbey have not kept a record of my CCA. This letter I have also published in this forum.

 

However, in both cases they have not updated my credit reference file and as of today both accounts still appear on there as defaults. It says:

 

The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.

 

I contacted Experian on 17th September.

 

They replied the same day with an automated email saying:

 

Your enquiry has been passed to one of our credit report specialists.

 

We normally respond to simple queries within 2 working days, however if your query requires detailed investigation or feedback from a third party our response will take longer to action. We will always endeavour to respond to your query within 2 weeks of receipt.

 

Today, 30th September, after 13 days, they have responded as follows:

 

Thank you for your emails, which we received on 17 September 2009.

 

You have asked us to add a Notice of Correction to your report. A Notice of Correction is a short explanatory statement that will be seen by lenders looking at your report in the future. The content of the statement you have provided suggests that you wish us to investigate your comments, which we are doing. However, please let us know if you actually wish us to add the statement, using the wording you have provided, as a Notice of Correction to be seen by lenders searching your report in addition to our investigations.

 

In view of your comments about the accounts with CapQuest and Lowell, I am writing to them for you, as I cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

I will let you know what they say as soon as they reply.

 

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

 

So, if Lowell's and CapQuest drag their feet in the same way that Experian do, the whole ting could go on forever.

 

Furthermore, my letters from them closing both accounts are not good enough for Experian. They want approval from CapQuest and Lowell's to change the entry in my account to a dispute.

 

I can only describe this as being one sided to say the least.

[vint1954]

OK, I have the reply now from Experian.

 

To recap, there are two entries on my credit reference file. one is from capQuest showing a default, although they have written to me saying that due to a previous default with the OC the account is now closed. The letter that they sent me is published on this forum.

 

The second entry is a defauly by Lowell's, who have also written to me saying that the account is closed due to the fact that Abbey have not kept a record of my CCA. This letter I have also published in this forum.

 

However, in both cases they have not updated my credit reference file and as of today both accounts still appear on there as defaults. It says:

 

The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.

 

I contacted Experian on 17th September.

 

They replied the same day with an automated email saying:

 

Your enquiry has been passed to one of our credit report specialists.

 

We normally respond to simple queries within 2 working days, however if your query requires detailed investigation or feedback from a third party our response will take longer to action. We will always endeavour to respond to your query within 2 weeks of receipt.

 

Today, 30th September, after 13 days, they have responded as follows:

 

Thank you for your emails, which we received on 17 September 2009.

 

You have asked us to add a Notice of Correction to your report. A Notice of Correction is a short explanatory statement that will be seen by lenders looking at your report in the future. The content of the statement you have provided suggests that you wish us to investigate your comments, which we are doing. However, please let us know if you actually wish us to add the statement, using the wording you have provided, as a Notice of Correction to be seen by lenders searching your report in addition to our investigations.

 

In view of your comments about the accounts with CapQuest and Lowell, I am writing to them for you, as I cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

I will let you know what they say as soon as they reply.

 

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

 

 

So, if Lowell's and CapQuest drag their feet in the same way that Experian do, the whole ting could go on forever.

 

Furthermore, my letters from them closing both accounts are not good enough for Experian. They want approval from CapQuest and Lowell's to change the entry in my account to a dispute.

 

I can only describe this as being one sided to say the least.

I assume that these defaults are for two different accounts. Only one default can be issued per agreement. This has to then be updated by whoever takes on the debt. If these are both on one account, you need to have the newest one removed. Experian should know this.

 

Give them 28 days to investigate, then demand that the DN is removed as OC not responded.

[vint1954]

In addition, no signed agreement, no agreement to process data.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[alisindebt]

To clarify there are two accounts. CapQuest was an Egg loand and lowell's was an Abbey credit card.

[alisindebt]

In addition, no signed agreement, no agreement to process data.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

 

Thanks for the referral to the other thread-very good reading.

 

I can certainly go for Lowell's as they have provided me in writing an explanation that Abbey never kept records going back that far and there is no longer a copy of the original CCA in existence. That is why Lowell's closed my account.

 

CapQuest is different. They did provide a CCA from Egg, albeit an unenforceable one, but they closed the account due to the fact that I proved a prior dispute with the OC (Egg). Indeed I had a CCJ from Egg set aside. Not sure how to remove CRA details about this one.

 

In both cases the CRA entries continue.

[hope6]

2 Mark and Spencer 1 loan the other Credit card, Capital one and Sainsurys.....

Hope 6

[hope6]

Yes as the Local Council could only send me a photo copy of my N61 they have it on there data base but have kept the advice slip and enevlopes that they sent with my N61......

 

hope6

[enoughisenough]

Surely...

 

???

 

well, nothing is ever surely but...

 

1. Obtain Credit references and trawl entries (most already have)

 

2. Identify the main offending culprit DCAs Lowells Capquest etc (feel free to add + I'm sure we can add the bloody lot as I don't recall anyone ever reporting a nice DCA)

 

3. Deluge the ICO and each one of us hit our local MP (it's election time soon) with our DCA CR issues

 

4. for each DCA giving you stick on your CR, inform their local trading standards.

 

5. Finally mass deluge the OFT. They've obviously got loads of time coz they've done eff all about the sub prime mortgage scandal abuses going on, and the bank charges stuff is still on hold.

 

 

Basis of a plan?

[egg-sterminator]

Surely...

 

???

 

well, nothing is ever surely but...

 

1. Obtain Credit references and trawl entries (most already have)

 

2. Identify the main offending culprit DCAs Lowells Capquest etc (feel free to add + I'm sure we can add the bloody lot as I don't recall anyone ever reporting a nice DCA)

 

3. Deluge the ICO and each one of us hit our local MP (it's election time soon) with our DCA CR issues

 

4. for each DCA giving you stick on your CR, inform their local trading standards.

 

5. Finally mass deluge the OFT. They've obviously got loads of time coz they've done eff all about the sub prime mortgage scandal abuses going on, and the bank charges stuff is still on hold.

 

 

Basis of a plan?

Thats the way to go E&E one voice is lost in a stadium but you sure can hear a crowd

[lexis200]

If we could come up with a basis for a letter and actually get people to send it at the same time I think the MP idea in particular is a cracking one.

 

It would however need organising properly otherwise you'll get a load of 'count me in' posts but nothing gets done. I'm not volunteering by the way - organisation is not my strong point:D

[vint1954]

If we could come up with a basis for a letter and actually get people to send it at the same time I think the MP idea in particular is a cracking one.

 

It would however need organising properly otherwise you'll get a load of 'count me in' posts but nothing gets done. I'm not volunteering by the way - organisation is not my strong point:D

As I have suggested on another thread, the MP approach followed by complaints is the way to go.

 

I am working on my letter to my MP. I have no problem posting this here, but to be effective, I think that the letters need to be individual. If MP's suddenly get 50 letters all the same, then it is less effective that 50 constituents voicing their grave concerns. It would be better though if everyone complained about the same points. While it affects each individual, I don't think it would be helpful to complain about individual treatment by not only DCA's but original creditors, who are totally unsympathetic from day one, and who after all, start this dispicable process off. DCA involvement is after all only the end of the OC's systems. Raising a general concern for everyone, may get more attention.

[lexis200]

I fully agree vint, but I do think a general base for people to jump from is a good idea, just so that we are all singing the same tune. As you say, many people complaining is good, but to get it properly looked at we really need everyone to be voicing the same issues which in turn (you would hope) would mean that other things would be looked at as a by product of that.

[alisindebt]

Surely...

 

???

 

well, nothing is ever surely but...

 

1. Obtain Credit references and trawl entries (most already have)

 

2. Identify the main offending culprit DCAs Lowells Capquest etc (feel free to add + I'm sure we can add the bloody lot as I don't recall anyone ever reporting a nice DCA)

 

3. Deluge the ICO and each one of us hit our local MP (it's election time soon) with our DCA CR issues

 

4. for each DCA giving you stick on your CR, inform their local trading standards.

 

5. Finally mass deluge the OFT. They've obviously got loads of time coz they've done eff all about the sub prime mortgage scandal abuses going on, and the bank charges stuff is still on hold.

 

 

Basis of a plan?

 

Thank you for this advice, also all the other people on this thread. As you will see above, Lowell's closed my account because the original CCA was not kept by Abbey (the OC). CapQuest closed the account because of a prior dispute.

 

Despite this, both have still retained an adverse listing on my CRA files.

 

I have some free time over the next few days and, being the organised person that I am, have kept and scanned all documentation from them (well, I did manage to write off nearly 20 000 pounds, so you COULD call me organised!) I am going to take one afternoon, poor myself a tall, cool beer, and write to the following people to try and get the entries removed, using the arguments kindly supplied to me in this thread:

 

The DCAs.

The OCs.

OFT.

Trading Standards.

MP.

Banking Ombudsman.

 

I will also be doing separate complaints about a staff member at CapQuest who continued to ask for money by email (thanks for putting it in writing) even when they put the account on hold and who also wrote accusing me of being on the UK when I live abroad, intimating fraud i.e. somebody else was signing my letters and cheques from the UK. Also Egg going to the County Court, when they knew I was abroad (I got the case set aside when I found out what they had done).

 

This will be a short and easy task for me to do, as all documentation is stored on my computer.

 

In the meantime, if anyone can give any further advice it would be much appreciated:

 

Any other places to write and complain to?

Any other ways to get my CRA file amended.

 

As usual many thanks to you all, I will report back with the outcomes as and when i get them.

[enoughisenough]

Hi

 

copy in the CRAs as well for good measure!

[alisindebt]

Hi

 

copy in the CRAs as well for good measure!

 

Thanks, enoughisenough, I will!

 

Actually, everyone told me that i could not write off nearly 20 grannd without going to court, but I did, thanks to this site.

 

Now they are saying you cannot get adverse references removed from credit files without going to court.

 

I will prove them wrong again and I will report it on here!

[Smarterchick]

Thanks, enoughisenough, I will!

 

Actually, everyone told me that i could not write off nearly 20 grannd without going to court, but I did, thanks to this site.

 

 

Did it myself recently, got £28k's worth reduced for a friend for a full and final of just over £7k That '20 grand' has a nice ring to it

 

Smarterchick

[Lou-Rod26]

Hi i'm new to this group and would like some help, i have recently sent off a cca request to a company named the Funding corporation who i feel have made me sign a contract that is unenforceable, i owe them a massive £9k for taking out a loan for a car.I took this out in 2005 when i was nieve to money, so anyway this is what happened i brought a car worth £6k apparently, then they made me wait around for a few hours while they got the paperwork sorted, they came back showed me what im signing which was roughly £10k as they added £4k interest me being nieve signed it only to find out i was going to be paying back £15k i was shocked so i called them for an explanation and no one was willing to help. So i started to pay this back until i started to fall behind they then repossed the car and left me with a bill of £9k which i cant afford to pay.

 

I have sent the cca with postal order of £1, and have sent it recorded delivery whats my next step?

[vint1954]

Hi i'm new to this group and would like some help, i have recently sent off a cca request to a company named the Funding corporation who i feel have made me sign a contract that is unenforceable, i owe them a massive £9k for taking out a loan for a car.I took this out in 2005 when i was nieve to money, so anyway this is what happened i brought a car worth £6k apparently, then they made me wait around for a few hours while they got the paperwork sorted, they came back showed me what im signing which was roughly £10k as they added £4k interest me being nieve signed it only to find out i was going to be paying back £15k i was shocked so i called them for an explanation and no one was willing to help. So i started to pay this back until i started to fall behind they then repossed the car and left me with a bill of £9k which i cant afford to pay.

 

I have sent the cca with postal order of £1, and have sent it recorded delivery whats my next step?

If they expect £15k back from a £6k loan, I would say that that is probably illegal.

 

Can you start a new thread and post your agreement, minus personal details.

[Lou-Rod26]

Sure gotta dig out agreement.

[paulwlton]

I like this:

 

10th June 2009

 

The below case exceeds our expectations for the service as not only has the credit card debt been written off but the lender has been ordered to refund all payments ever made to them by the client amounting to some £ 12,000!

 

 

A judge at Warrington County Court has made an order against a major lender as follows;

 

"The defendant shall deliver up to the Claimant:-

 

• A statement of account as required by Section 77 and Section 78 of the Consumer Credit Act 1974; and

• A declaration that the said agreement is unenforceable; and

• An account of all monies paid by the Claimant to the Defendant under the said agreement; and

• The repayment of all sums paid by the Claimant to the Defendant under the said agreement"

 

This is fantastic news for the client, as not only have they had their agreement declared unenforceable, but the lender has been ordered to pay back all monies ever paid by the client.