Vanquis and Credit File

[taylorit]

Hello Vanquis are reporting my account in default month on month yet the balance is showing satisfied with satisfaction date of 31/07/2012. The account was repaid in full June 2012 and Vanquis have ignored my letters to stop this practice. I have complained to Experian too who responded saying contact the OC.

 

What steps to take please?

 

Thx

[citizenB]

Righto, so even though the account has been repaid and they have marked it satisfied - they are still recording it as a default, is that correct ?

 

It is my understanding that this should now be recorded as "satisfied" until the 6th birthday of the default date.

[taylorit]

That's correct the account is marked satisfied but they updating each month with a default marker latest one 11/08/2013.

[dx100uk]

but the default will still show as its in the history of the debt

 

dx

[taylorit]

That's correct however the issue is Vanquis are updating my credit report with default markers on an approx monthly basis for an account that has been satisfied and is showing as such.

[taylorit]

Image here to explain what I mean

[dx100uk]

opps that's strange.

 

so they have not replied to any letter you have sent?

 

dx

[taylorit]

Thats correct no response to any letter.

7 March 2013

22 July 2013 - this letter was sent to the exec office

Edited August 17, 2013 by taylorit

[dx100uk]

and you have proof of the payment and their statement its paid

 

time to send brig a pm me thinks

 

taylor

[taylorit]

proof of payment I do have yes, I think I have a statement somewhere that proves it is zero will have to dig it out. Is brig a persons username?

 

Thx

[BRIGADIER2JCS]

What is showing is the HISTORY of the account up until the account was paid off and marked satisfied.

 

This history remains until the whole entry is remove on the 6th anniversary of the default date.

 

The CURRENT BALANCE SHOWS SATISFIED i.e. NIL.

[citizenB]

Brig, I know this is way outside my knowledge, but surely record moving forward should show that this is now satisfied rather than defaulted ?

 

eg..

 

 

S S S 8 8 8

 

The first one being the current date !

[BRIGADIER2JCS]

This appears to be the HISTORY of the account up to the date of satisfaction, the history is not deleted when the account is satisfied.

[BRIGADIER2JCS]

Brig, I know this is way outside my knowledge, but surely record moving forward should show that this is now satisfied rather than defaulted ?

 

eg..

 

 

S S S 8 8 8

 

The first one being the current date !

 

Hi CB, not being able to see the actual 'progress' sections of the report 1-13 13-24 months etc. I can confirm that this in NOT the history of the account, these are relatively new methods of diaplaying records.

 

The important point is that the file shows SATISFIED the date satisfied CURRENT Balance SATISFIED.

 

There is far more history being displayed on CRA file s now and one can archive more data.

 

However if the OP wants to get an explanation on this they need to write formally to the DATA CONTROLLER of the CRA, also they need to check ALL the other main CRAs as well.

[taylorit]

Brig, I know this is way outside my knowledge, but surely record moving forward should show that this is now satisfied rather than defaulted ?

 

eg..

 

 

S S S 8 8 8

 

The first one being the current date !

 

it is showing 8 8 8 8 8 8 8 and was satisfied July 2012, however being reported as 8 each month in the history, last updated 08/09/2013. Vanquis were served with a notice on 22 July 2013 to stop processing my data which was ignored, didn't even get response.

[dx100uk]

where the 8 etc gets listed you'll never see SSSS etc there is not a marker for satisfied.

 

however there should be no 88888 after the date the debt was satisfied.

 

it should be green!! 0

 

brig?

 

dx

[taylorit]

Shouldnt be updated full stop, account is repaid in full and closed. Im considering going straight to the ICO with it as Vanquis are ignoring me, just want some advice, Experian arent interested.

[taylorit]

Having a quick look through DPA at what that says

 

they should only do so with permission and under a contractual agreement.

 

That agreement ended when either

a the account entered default effectively termination

or when the full sums due were repaid which was done in July 2012.

 

However Vanquis have reported month on month a 8 with Experian month on month,

effectively continuing to process and share my data with a third party without permission.

 

I wish to get some legal advice as Vanquis continue to ignore and the ICO complaints take a day and a age.

[BRIGADIER2JCS]

No so I'm afraid the debt/account still exists and reporting will continue as it will even if the debt is sold on to a debt purchaser, the authority was given at the inception of the account and continues.

[taylorit]

I dont think you understand what I mean, Vanquis only is the one doing this. The authority to report ceased upon termination of the agreement when fully repaid and the account closed which happened in July 2012. The satisfied default stands along with any data already shared for up to 6 years however Vanquis are continually reporting each month and sending data to CRAs since July 2012 when the account was closed and agreement terminated. CRA showing last updated by Vanquis a few days ago with a default marker (8) placed on the payment history! Permission to share data with CRAs was only given for the duration of the agreement and this is implied in the T&Cs

[BRIGADIER2JCS]

The default marker stays for the balance of the 6 year life of the default paid or not and will be removed on the 6th anniversary of the default date that is normal.

You must take this up with the Data Controller at Vanquis, the default should be marked satisfied.

[mikeymack2002]

Brig is correct but once the debt is satisfied I.e. paid then your contract with Vanquis is over and they should not be reporting on your file now, Send off a letter to the Data Controller at Po box they use marked FAO the Data Controller and state that the debt is now clear and to stop reporting on this account, but they will just ignore it any way, Vanquis are a law unto themselves until the ICO/FOS/OFT get involved then they start to pay attention a bit.

 

 

MM

[BRIGADIER2JCS]

Having done some checking, the following has emerged.

 

There is no obligation for the original creditor to remove a 'settled' account from CRA files (it is not further amended by the creditor and is a true reflection of the conduct of the account). Such entries can remain side by side with the 'new owners' entry for the account (the default date must remain the same.)

 

It does not amount to two separate defaults.

(source ICO from a case dealt with elsewhere for a 3rd party).

[mikeymack2002]

obligation is the key word but on rare cases it does happen but just be prepared for it to stay, I say this because I created such a stink with what happened to me it worked, trying the same with Lowell's as we speak, will let you know if they do.

 

 

MM

[BRIGADIER2JCS]

It is in accordance with the process in regard to accounts settled by a debtor which remain on file for 6 years from settlement.

With defaulted accounts that still show the default date and a 'settled' note it can be contested that it is unfair to the debtor to

continue to cause the entry to be displayed.