Late Payment Markers - more than a dozen '6's

[DBY]

IS this right? Can a CRA continuously report, month after month, a red 6 ? For example -can they put on 15 red 6's before an 8?

[nicenurse1]

IS this right? Can a CRA continuously report, month after month, a red 6 ? For example -can they put on 15 red 6's before an 8?

 

Hi, i'm having the same problem with this too. This has been happening to me for the last 6 1/2 years from welcome finance.

 

I can't get any answers from anyone and have even got Experian to speak with Welcome Finance who are reporting this. Still no luck every month shows a big fat 6!!!

[DBY]

Hi, i'm having the same problem with this too. This has been happening to me for the last 6 1/2 years from welcome finance.

 

I can't get any answers from anyone and have even got Experian to speak with Welcome Finance who are reporting this. Still no luck every month shows a big fat 6!!!

 

Is the account still open?

when did you make the last payment?

have you acknowledged any debt to them?

 

whats the story - mine has been resolved.

[nicenurse1]

I took out a HP agreement in july 2005 I wasn't happy with the car (all from Welcome Fianance) and refused to pay them and told them to collect the car. The car literally fell apart after 2 months!

 

They collected the car and I moved heard nothing from them. Its still showing on my credit report that i Owe Them 6k plus they clearly never took any money off for taking the car back.

 

I have sent them a CCA with no reply that was over a year ago. Last time I paid any money to them was November 2005 as it's on my bank statement.

 

So i'm basically stuffed, I want to get a mortgage but they are still showing 6 tags on my credit report. for the past 6 YEARS!!!! This is with Experian, nothing on callcredit and i'm waiting for Equifax to send me thiers.

 

I have got some info togther to send the the ICO hopefully they can help?? I'm getting desperate now feel like this is gonna go on forever!!!

 

How did you get your resolved???

[DBY]

I know how you feel.

 

Id do 4 things.

 

1. Check your credit report for a CCJ

2. Send Welcome and SB letter

3. Send Welcome an SAR to find out whats been going on

4. Send them a nice letter; something like this perhaps.

 

Dear sir/madam

 

Account ref xxxxxxxxxx

date xxxxxx

 

Dear sir, madam,

 

I have recently checked my CRF and have been shocked to discover WF are still updating a very old account with late payment markers.

I have attached a copy of my CRF for your reference clearly showing what has been reported for the last 'x' years, bearing in mind the last payment

was made in November of 2005. I deem this as being unfair as this does not accurately reflect the true status of this account.

 

furthermore your continous reporting of inaccurate data against me breaches the principles as set out in the data protection act 1988 in addition

to breaching the ICO's guidance on dealing with deliquent accounts, as set out in the 'data protection technical guidance notes on filing of defaults with credit reference agencies'. The account should have been defaulted within 6 months, latest by end May 2006. If WF had followed these guidelines, then this record would have been completely removed from my CRF in May of 2012.

 

You must be aware that continuously reporting such inaccurate data on my CRF is having a severe negative impact on my credit status and as such I can only but conclude that WF actions are designed to be vexatious in the least.

 

I therefore require you to urgently remove this entry from my credit file and confirm the same in writing.

 

 

I baslcially threw as much as I possibly could at them. CPUTR2008, ICO guidance and DPA 1988. theres no way really they could have go out of it.

[nicenurse1]

Hi,

 

Thank you soooo much i've been banging my head against a brick wall for ages now. I will do this letter first thing in the morning!!

 

xxxxxx

[DBY]

address it to the compliance director - dont forget to check your credit report for a CCJ, and also send them a statute barred letter.

let us know how you get on.

[nicenurse1]

Hi,

 

Thought I would let you know the latest. ....

 

I recieved my Equifax report to day and there is no sign of welcome finance on there which is good news also not on Call credit so it appears the only one still reporting on is Experian???

 

Any ideas why this could be? TBH I havn't checked my experian for a few months now so will do that shortly possibly could have dropped off though think unlikely!! Also no CCJ at all on any of them from anyone!

 

Thanks in advance

 

:oops:

[DBY]

did you send the letter to WF?

What have Experian come back with from your enquiry to them regarding this entry?

[renegadeimp]

When was the last time you made payment towards the debt or acknowledged it in any form in writing?

[BRIGADIER2JCS]

WF exists only to collect book debts,and does no more

new business,so I guess 1 CRA is enough.

[BRIGADIER2JCS]

Were Wf notified formally that the debt was SB?

 

Reading back this is confusing was the WF account ever

defaulted???

[nicenurse1]

Were Wf notified formally that the debt was SB?

 

Reading back this is confusing was the WF account ever

defaulted???

 

 

Hi,

 

The lasy payment made on the account was november 2005, and no it was never defaulted, it appears on my credit report with experian as 6, 6, 6 literally for the last 6 years +.

 

Yes very confusing have no idea why welcome never defaulted the account?? Any ideas would be muchly appreciated!!

 

[nicenurse1]

Not yet just waiting for my experian report then will do.

[BRIGADIER2JCS]

Hi,

 

The lasy payment made on the account was november 2005, and no it was never defaulted, it appears on my credit report with experian as 6, 6, 6 literally for the last 6 years +.

 

Yes very confusing have no idea why welcome never defaulted the account?? Any ideas would be muchly appreciated!!

 

 

There seems to be a lot of fairly old WF accounts coming to light

at present more of the than usual have not been defaulted by WF

or DCAs, it may be that there is some reason for this relating to the

the fact that Welcome only exists to collect the outstanding debts,

so my guess is that accounts were not defaulted so they remain on

credit, WFs paperwork and record keeping has always been dreadful

and I think they have used the CRAs as afiling system.

[IainHL]

For reference the ICO Data Protection Technical Guidance on Filing defaults with credit reference agencies is here: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

In that document it is stated "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default."

I have successfully used the Guidance to get one of my creditors to record a default with the CRAs properly, and am in the process of going through the complaint process with two others.

[nicenurse1]

For reference the ICO Data Protection Technical Guidance on Filing defaults with credit reference agencies is here: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

In that document it is stated "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default."

 

I have successfully used the Guidance to get one of my creditors to record a default with the CRAs properly, and am in the process of going through the complaint process with two others.

 

 

Hi,

 

I've just been reading that document. I have gathered all the info and I am sending the letters off today. Hopefully with some resolution I will let eveyone know how I get on shortly.

 

Many Thanks

[BRIGADIER2JCS]

Good luck!!!

[nicenurse1]

Hi,

 

Thought I would give you an update...

 

It has been 2 weeks and Welcome Finance have not replied, nothing at all. I sent the letter Special Next Day delivery and have tracked it so I know they definately recieved it.

 

So I have gathered all the information together and sent a complaint to the ICO. Hopefully they can get Welcome to get this removed from my file and I can have a normal life again.

 

Do you think they can make this happen? Fingers & toes crossed!!!!

 

:|

[BRIGADIER2JCS]

Much will depend on the adjudicator,and how your complaint was set ut.

[nicenurse1]

well lets hope they are in a good mood!!

 

If i'm unsuccesful what would you suggest?

 

[IainHL]

It has been 2 weeks and Welcome Finance have not replied, nothing at all. I sent the letter Special Next Day delivery and have tracked it so I know they definately recieved it.

 

Did you head the letter FORMAL COMPLAINT? Did you send it to the Compliance Department in Nottingham?

 

Two weeks would be about the timeframe I would expect of them to respond to a Formal Complaint acknowledging receipt and enclosing a copy of their complaints procedure. This would have an anticipation of providing you with a final response up to 8 weeks from receipt. You really do need to give them a little more time.

[renegadeimp]

They have up to 8 weeks to reply to a formal complaint. There are a few companies that actively wait a good few weeks before sending out replies, hoping that you will agree to drag it out longer, and not realise that they only have 8 weeks to reply, regardless of what is happening.

[nicenurse1]

Oh ok I didn't realise that, I will give them a while longer. No didn't write Formal Complaint anywhere. Hopefully when and if they reply I can go from there and actually see what the score is.

 

See as I havn't spoken to them for nearly 7 years i'm not too hopeful of them replying anyway tbh. But I live in hope!!!

 

Thanks for the advice

[BRIGADIER2JCS]

Did you mention the ICO Technical Guidance on Default Entries,

which states that defaults must be placed timely usually within 6

months of the cause of action, and that late paynent markers should

NOT be used instead of a default.