Trace enquiry on table 2 of Equifax credit report

[Gary1981]

Good afternoon I am new to this so please forgive me, I recently got my credit report from Equifax and there was 3 trace inquiry's on there from village investigations, the 1st being in January the last one was the 31st of May, I was just curious as to weather anybody could shed any light on this issue as in is this common practice, Are they allowed to go into my credit profile without my permission? Bearing in mind I have not once received a letter of this company so I have got no idea why they are doing this, I would be very grateful for an insight or any info regarding this matter.

 

 

Thanks for taking your time to read this Gary

Edited June 12, 2013 by Gary1981

[catquest]

Yes it seems to be common practice , in particular Lowells. They check before buying debt to see if you have a mortgage etc. Perhaps Brigadier can shed light on the particular piece of legislation which allows them to do that, it's certainly not mentioned in the CRAs rules where they say it only happens when you apply for credit, or someone else with permission.

[BRIGADIER2JCS]

Lowell will have NO idea exactly what is in a portfolio of debt when they purchase it, debts are NOT individually sold.

[Gary1981]

Thanks for the quick responses, I have found out why they done a trace inquiry after numerous e mails, basically I got a car loan and after 3 years of paying I had to give it back in 2009 due to financial difficulties, I was not happy with the valuation of the car they gave me an was told I still owed x amount of money, I have received letters from the company saying I'm in default etc but there is nothing showing on my credit report about this default so now they have passed it on to a DCA. I am now in a position to pay this outstanding debt but as I said I'm still deeply unhappy of the valuation of the car once it was handed back, I already have a default on my credit report after a fall out with a phone company which comes of in 2 years. So would they be able to put default on say from today or would it be dated back to 2009 when I first defaulted on the car payment or should I just swallow my pride an pay the outstanding debt any help on this matter would be greatly appreciated. Regards Gary .

[BRIGADIER2JCS]

This is not uncommon with this kind of situation and if you read around the forums you will see they drag on and on, yes they may default at any time.

[Gary1981]

Ok thanks very much brigadier I have seen some of your insights into people's problems you are a bit of a legend on here aren't you

Well I suppose I will just swallow my pride and pay of the outstanding debt as I really can't afford an other default on my credit report as I am looking @ getting a mortgage soon . Once again thanks.

[BRIGADIER2JCS]

More like a leg end perhaps:madgrin:.

 

If there are any details that may help in challenging this please post it here and I will happily draft something to try and help.

[Gary1981]

Morning sorry about late reply in work on nights, was just wondering if u could clear a few things for me then I see your 3 points u have made about never ring a DCA an don't answer questions if they ring u and lastly only deal with them in writing could u please shed some light on these 3 points for me as I only know they r looking for me through the trace report. So should I sit tight an wait for a letter of the DCA an then make my offer of payments in writing to them?

Regards Gary

[BRIGADIER2JCS]

Good morning Gary,

DCAs, telephone contact is unwise, they will attempt to lead you into entering a plan that may well be unaffordable, also DCAs will send letters without any indication of the debt they are chasing, which could be statute barred, or unenforceable due to lack of paper work.

Deal in writing only so the you have a hard paper trail of what they say and what your response was..

 

NEVER automatically assume that because a DCA states that you must pay that you are obliged to do so, you will find that the letters are littered with phrases such as ''we may'', ''we might', '' we could'' never WE WILL all designed to intimidated you into believing that the DCA has some legal authority, which they most certainly do not have!!

 

So when you do receive a letter from a DCA please come back to your thread there will always be someone around especially from the very experienced site team to assist you.

[TM123]

They cannot place a default on your CRF anytime. It has to be done within 3-6 months. If there is an unresolved dispute on the amount payable then no default should be placed.

 

See Data Protection Technical Guidance Filing defaults with credit reference agencies.

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

[BRIGADIER2JCS]

Please note the wording in the ''GUIDANCE'' **SHOULD** NORMALLY BE PLACED** NOT MUST**

It is unwise not to carefully read Guidance properly and to assume a phrase states something is absolute when clearly it is NOT SO!!

[TM123]

If it is only GUIDANCE, then place show me which LAW allows them to place defaults on you CRF.

 

Yes the Banks and DCA would like you to think it is guidance only, but this far form the truth. (The use of RED AND CAPITALS proves my point)

 

The following taken from a diffrent post.

 

This Guidance is in all probability legally binding. It was used extensively in our recent Lloyds case and was accepted as binding by both parties and the Judge.

I think with such a large and significant piece of legislation as the Data Protection Act 1998, guidance such as this, produced by the Regulator charged with enforcing the DPA and the FOI, is an essential companion to any Default dispute.

 

This Guidance was produced in 2007 and if you read the Introduction, it was written with the lenders co-operation.

 

The standards were reached originally after extensive consultation with lenders,agencies and trade associations. It is a tribute to the care they gave to thatprocess that the standards have stood the test of time. The changes made forthe latest version have been included to reflect changing industry practice and,in some instances, clarify what the standard is. I also recognise the veryconsiderable progress made by the credit industry since the original guidancewas produced, in achieving greater consistency in reporting standards. Thecredit industry has its own “Principles of Reciprocity” governing the sharing ofcustomer information through credit reference agencies. Although the startingpoints are different, this guidance note complements the principles of reciprocityand there is some overlap between the conclusions reached.

I would like to thank all those representatives of the credit industry and creditreference agencies, and in particular representatives of the Steering Committeeon Reciprocity, who have contributed to the development of this guidance.

[Gary1981]

Well thanks very much for your advice brigadier I will keep you posted on my thread with my progress regarding this issue

Regards Gary

[BRIGADIER2JCS]

If it is only GUIDANCE, then place show me which LAW allows them to place defaults on you CRF.

 

Yes the Banks and DCA would like you to think it is guidance only, but this far form the truth. (The use of RED AND CAPITALS proves my point)

 

The following taken from a diffrent post.

 

This Guidance is in all probability legally binding. It was used extensively in our recent Lloyds case and was accepted as binding by both parties and the Judge.

I think with such a large and significant piece of legislation as the Data Protection Act 1998, guidance such as this, produced by the Regulator charged with enforcing the DPA and the FOI, is an essential companion to any Default dispute.

 

This Guidance was produced in 2007 and if you read the Introduction, it was written with the lenders co-operation.

 

The standards were reached originally after extensive consultation with lenders,agencies and trade associations. It is a tribute to the care they gave to thatprocess that the standards have stood the test of time. The changes made forthe latest version have been included to reflect changing industry practice and,in some instances, clarify what the standard is. I also recognise the veryconsiderable progress made by the credit industry since the original guidancewas produced, in achieving greater consistency in reporting standards. Thecredit industry has its own “Principles of Reciprocity” governing the sharing ofcustomer information through credit reference agencies. Although the startingpoints are different, this guidance note complements the principles of reciprocityand there is some overlap between the conclusions reached.

I would like to thank all those representatives of the credit industry and creditreference agencies, and in particular representatives of the Steering Committeeon Reciprocity, who have contributed to the development of this guidance.

The statement should be read in context *SHOULD normally be paced* ** MUST** read the full guidance notes in context for better understanding.

[TM123]

The statement should be read in context *SHOULD normally be paced* ** MUST** read the full guidance notes in context for better understanding.

 

I have read the full guidance, what is quit clear is that a default cannot be placed 3-4 years later.

[BRIGADIER2JCS]

3-4 years later than what? The context has to be understood, eg an account with an arrangement to pay and not defaulted at the time of the original cause of action can an will be defaulted at a later date>

[BRIGADIER2JCS]

READ SECTION 21. Also sections 12/13.

[TM123]

READ SECTION 21. Also sections 12/13.

 

What relevance does section 12/13 and 21 have in the facts of this matter.

 

The OP clearly states that he handed in the car in 2009 and made no further payment towards the outstanding balance, he then received a default notice. Once the time on the notice has expired then a default should be on the CRF and not 3-4 years later.

[BRIGADIER2JCS]

A Default Notice is to inform the debtor of the intention to place a default if the default sum is not paid within the time scale laid down, it not notice that such action WILL take place.

[Gary1981]

Afternoon everyone well they have placed a default on my credit report dated for the 30/09/2009 for a sum of x amount now they have placed an other default on the account from the 02/06/2013 with a smaller amount saying owed on the default when I no I haven't payed them a penny since 2009 surly they can't default me twice for the same debt, I no I have had no contact with this company since 2009 when I handed the car back to them please could u all help me with this regards Gary.

[BRIGADIER2JCS]

Hi Gary,

No this is something that is total order, and we challenge this quite easily, which companies name shows as owning this on the file?

[TM123]

Afternoon everyone well they have placed a default on my credit report dated for the 30/09/2009 for a sum of x amount now they have placed an other default on the account from the 02/06/2013 with a smaller amount saying owed on the default when I no I haven't payed them a penny since 2009 surly they can't default me twice for the same debt, I no I have had no contact with this company since 2009 when I handed the car back to them please could u all help me with this regards Gary.

 

They can not place two defaults on you CRF for the same debit. You need to make a complaint to Experian, Equifax and ask for the second default to be removed. If that does not work you need to compliant to the ICO.

 

When did you hand in the car and when was the default notice sent (dates).

[Gary1981]

Forgive me everyone I think it's me rushing in an not reading things properly the default is the 2009 one so all in all think I will just weather the storm ignore everything from them as I all ready have done an wait till 2015 when hopefully I will have a lovely clean credit report.Thanks for the help everyone I will be making a little donation to this site when I get paid this week. :-)

[BRIGADIER2JCS]

Incorrect Data:

 

So not two entries then?

[Gary1981]

I don't think so brigadier on my credit report it shows default as 2009 with an x amount then it's updated from this month with a lower amount and looking at it that is the meagre amount of money they gave me for the car once handed back as I said I have not dealt with this company since I gave my car back and I have no intentions of dealing with them any time soon. The car was worth a lot more then they gave me so I'm sorry they not getting a penny