tesco won't remove Account/default even though A/C is over 6yrs old **RESOLVED**

[BreadAndButter]

Good evening,

I hope you can offer some useful advice.

 

Looking at my credit file I have a Visa debt of just over £200 owed to Tesco Finance. It has not defaulted or gone to court, and the account opened in 1999, it is still open, with non-payment against the account.

 

As I didn't recognise it so I asked Tesco to provide me with either a recent statement as the account was open, a new card, or some sort of credit agreement

 

All the credit file shows is that is hasnt been paid, every month since about 2001, yet when I requested more information on the account Tesco wrote to me asking more information as they couldn't find this account nor why it hadn't defaulted etc. They wanted possible scenarios - had i moved, upgraded the card etc. I havent responded.

 

So, essentially, I dont acknowledge it, Tesco do not acknowledge it, they are not chasing it, they do not have me on the system under any postcodes- yet, if a creditor sees this on my file he presumes Im not paying a debt.

 

What to do?

 

Thanks in advance

 

p.s.

On a separate note, Is it the norm to start a thread for each new debt I am disputing? I have some other 'oldies' cropping up from years ago that I havent had time to challenge, i now want the calls to stop and credit file clean (note they're not even on my file anymore they're so old)

[Tingy]

I would write to the Data Controller at Tesco saying you believe this information to be incorrect, and unless he can prove otherwise would they please remove it from your credit reference file as unless they can prove it, they are in serious breach of some of the enforceable eight underlying principles of the DPA 1998.

[cerberusalert]

On a separate note, Is it the norm to start a thread for each new debt I am disputing?

Yes.

[BreadAndButter]

Ive sent multiple mails to the Tesco data controller - no response :/

 

Ive sent for a credit agreement as its just not budging. Experian verified it with tesco and they said its 'up to date' - how can this be when they cant prove the account exists?!

[BreadAndButter]

Tesco persistently report to my credit file an account' unpaid for 6+ monhts' Every single month! It doesnt default or anything, been there since 2003, it looks like an open account.

 

Ive asked them, they cant find me on the system. Ive told Experian to remove it they say its with Tesco customer service.

I asked Tesco for a credit agreement, they said I needed to provide more information as they cant find me (??)

I told the data controller to remove me, I got another letter saying I had to call customer service, which I did, but as Im not on their system they couldnt help me.

I went to the Financial Ombudsman, they said its been 12 months since my original complaint and so they cant help.

 

This is driving me insane! It looks like Im not paying something... that hasnt defaulted.. like an open account... 6 months or longer, every month it reports this and no-one can remove the entry!

[maroondevo52]

Did you have an account with them ?

[BreadAndButter]

No, I dont know what this is

[huggy41]

i would send an email to tesco as well as a letter with a print of the file and state that if they do not remove there entry from your file then you will take them to the small claimes court without further notice, for every 30 days on the file charge them £1000 i bet that will make them shift it

[citizenB]

Is there an account number on the Credit file ?

 

Have you moved address since 2003 ? If you have defaulted on something, then there should be no reporting now as it is longer than 6 years !

 

Do NOT telephone anyone - write a letter headed OFFICIAL COMPLAINT to Tesco at their Head Office.

 

Pretty much bullet point what you have already said here - enclose a copy of the Credit file that has that particular record listed.

 

You want to know

 

Why they are reporting to your Credit File, especially as they say they have no record of you at all - you enclose proof that they are doing this.

 

If they cannot substantiate the reporting then they are to remove it immediately -

If you have moved since the reporting started - then you should provide them with that address as well.

 

It might be that you end up having to send a Subject Access Request, which will cost you £10.00 - this is a request for all data that Tesco have in connection with any financial dealings. If they still come back and say that they have no record of you - it would appear that they are incorrectly reporting and you should put in a claim for compensation - especially if you have suffered detrimental credit checks with this present, then you should think about a claim.

[BreadAndButter]

Where would I claim compensation? Also, I have a CCJ fromt he ex wife not paying a bill in my name so I doubt I could prove it was them soley affecting things

[citizenB]

You would claim compensation from Tesco - it would probably be quite low if isnt solely the Tesco issue that is trashing your record. However, you do need it removing if there is no debt or if the oriignal reporting date is older than 6 years.

 

If there was a debt - then it is almost likely to be statute barred and they wouldnt be able to pursue it .. well not in court, because of the statute of limitiations. But again - they should not still be reporting.

 

You need to find out if there is/was a debt. If there isnt then why are they reporting - if there is, when was the default date.

[BRIGADIER2JCS]

OK for claification please, You have never had a Tesco Account?

The reported account is in your name?

Is the address correct?

 

I can draft a letter for you if you wish???

[BreadAndButter]

OK for claification please, You have never had a Tesco Account? Not that Im aware

 

The reported account is in your name? Yes

 

Is the address correct? It is listed against my current address, as Ive since asked for a credit file.

 

I can draft a letter for you if you wish??? Sure!

[BRIGADIER2JCS]

OK This goes to the Data Controller at Tesco Bank by recorded delivery, check that they receive it.

 

The Data Controller

Teco Bank

 

Ref:Formal Complaint: Alleged Account No.xxxxxxxxxx.

 

Sir,

 

I refer to the above mentioned account which Tesco claim I am resposible for, please take note I do not acknowledge any debt pr liability of any kund to Tesco Bank fot the following reasons.

 

1.I am not now nor ever have been a customer of Tecsco Bank or Its' predecessors.

2. I have never held and debit card or cheque book related to the alleged account.

3 I have never used and facilit, deposit, withdrawal or overdraft if any related to the alleged account.

 

Tesco Bank have failed to properly investigate this matter in the past and have continued to report this fraudulent account in my name to credit reference agencies

thus seriously affecting my ability to obtain credit I now demand that ALL references to this fraudulent account are removed from ALL credit reference files with immediate effect, a report will be made to the Information Commissioners Office regarding the serious damage Tesco Bank has caused to my credit worthiness.

 

I now consider that Tesco Bank should as stated remove all references to this account from my credit files, and seriously consider makeing a Substantial Offer of Redress for the stress and anxiety it has caused and the damage caused to my credit reputation, having given due consideration to this matter I believe redress in the amount of £1500.00 is appropriate, should Tesco Bank wish to dispute this matter further it MUST provide unequivocal proof that I have any liability for this account.

 

I trust that due to the time this has been contested that Tesco Bank will now make a speedy and sinsible decision on this matter, I beleive 14 days would be more than adequate.

 

OK!!

[BreadAndButter]

Boom!

 

Thanks

[BreadAndButter]

So i got my credit file - its been 'gone away' status for 7 years.

 

surely this is now statute barred and void?

[BRIGADIER2JCS]

That's a GAIN entry you may have to challenge to get it removed,

[citizenB]

So i got my credit file - its been 'gone away' status for 7 years.

 

surely this is now statute barred and void?

 

Would certainly be statute barred (so long as you have neither paid anything or acknowledged any liability) and yes, I would have thought that it would have dropped off your file by now !

[BRIGADIER2JCS]

Is it just the GAIN entry that shows or an actual account.?

[BreadAndButter]

yep, just the GAIN. But i still say to tesco, i do not acknowledge it. Tesco cant find me yet the address is the one on my file (so how have i gone away) odd.

[BRIGADIER2JCS]

You will need to write to the data controller at Tesco and request removal, you can place a dispute on the CRA files.

 

Have you checked all the CRAs as this will probably appear on them all.

[BreadAndButter]

yep, on all :/

 

financial ombudsman actually got back to me and said i should send them my credit file - im wondering if i should or just persue by myself

 

I worte to the data controller - he ignored my letters :/

[BRIGADIER2JCS]

Yes send it to FOS.

There used to be some instruction on CRA files about GAIN & CIFAS entries take a look.

Take it up with the DCAs of each CRA.

[citizenB]

Showing my ignorance, what is GAIN ?

[ims21]

Showing my ignorance, what is GAIN ?

 

GAIN stands for the Gone Away Information Network. It is a trade organisation that shares details of customers who have had statements and other correspondence returned undelivered by the Post Office, marked ‘gone away’

 

 

 

Yes I did pilfer it from elsewhere