Removal of debtl from credit file

[tibar]

Have a disputed debt which was being chased by Link.

 

They breached several OFT guidelines, including data protection, and I reported them to FOS.

 

They told FOS that I was no longer a customer and FOS dropped the complaint.

 

Link are still registering the debt on my credit file,

 

can I make them remove it as they have stated in writing that I am not a customer of theirs?

 

Grateful for any views.

[dpick]

As you say they have stated you are not a customer of theirs so use small claims for defamation I believe £1000 compensation is the going rate.

 

dpick

[tibar]

Many thanks for your reply, I was unsure if they were legally bound to remove the debt as I am not considered to be a customer. If they are then I will do as you advise. Sorry to labour the point but are they 100% legally bound to remove? Regards. tibar

[cerberusalert]

Have a word with the ICO https://www.ico.gov.uk/Global/contact_us.aspx if they are processing your data when you are not a customer or have not given authorisation they are in breach of the Data Protection Act.

 

You could also send them a s.10 notice but you must be prepared to follow it through http://www.consumeractiongroup.co.uk/forum/content.php?411-Legal-notice-issued-under-Section-10-of-the-Data-Protection-Act-1980

[tibar]

Wow, many thanks. I will study all of this and hit them hard. They caused so much trouble for me by discussing this debt with an in-law of mine who answered the phone while visiting, no security questions. He could`nt wait to drop me right in it. They wriggled out of it by telling FOS I was no longer a customer, now I have found them still reporting it 12 months later. Best wishes. tibar

[cerberusalert]

Below is the ICOs guidance on defaults;

ICO Filing Defaults - version_v3 doc.pdf

[tibar]

Have given Link 14 days to remove from CRF and explain (recorded letter), the time is well up but I have been ignored. They are still recording the debt. I am in two minds whether to go for legal action (small claims for defamation as dpick advised) or to go via the ICO with an s10 notice. Any more advice/opinions from caggers would be most welcome. Many thanks and regards. tibar

[cerberusalert]

There is nothing to stop you doing both.

[tibar]

Many thanks for reply. The problem I am foreseeing is if I go for the s10 and court action at the same time Link could just cease reporting at the last moment and the court action would be rejected due to the debt no longer being on the file. Link walking away untouched again:evil:. I know it always risky to instigate court action and I would hate to lose or it being thrown out before the start, but I would dearly love to hit them. Any advice?

[cerberusalert]

You can still make a claim for libel if they have incorrectly marked your credit file with a default. The average is £1K per default but it could be much higher depending on the damage they've caused.

[tibar]

Many thanks cerburusalert, sorry for delay I had not realised I had received a reply. Just checked again and it is still showing so I will start the ball rolling. 1k, seems a good figure to start with:-). Regards. tibar

[dx100uk]

so whats the debt all about

 

dx

[tibar]

It is a rather strange one,

I do have many debts and on a DMP

however this one cropped up and was not on the list I gave to CCCS, I included it and made several installments.

 

Link started to put pressure on me to increase and I hit them with a CCA request they could not produce so I stopped paying.

 

I dont know who the Original Creditor is,

I did not keep the early Link letters and they just ignore everything now.

 

They continually threatend all sorts including home visits.

They then rang my home when I was not in and disclosed details of the alleged debt to an in-law (no security questions) who dropped me right in the mire with the family.

I asked for their complaints procedure and eventually reported them to the FOS for breaching Data Protection.

 

When the FOS took up the case Link told them that I was not a customer of theirs and the FOS dropped it.

 

Recently I have looked at my CRF and Link are still reporting this debt as in default.

My argument is that as they have told the FOS that I am not a customer how can they keep recording it on my file?

 

I have written to them, recorded, and have been ignored. They have not been in touch since the FOS complaint which was last year.

 

I have rang the IOC today but they were of the opinion that Link have a right to record and said to go back to the FOS

and question the customer issue with them, they did not think it was a matter for them, all in all I am somewhat baffled. Regards. tibar