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I've instigated a complaint with Experian because my credit report shows that I have one delinquent account, but doesn't tell me which account it refers to. Information I believe I am entitled to have access to.

 

 

That's the background.

 

 

I wondered whether I'd be able to challenge Experian on whether their holding information that regards an account as 'delinquent', is legal? As I've unable to find anything under the Consumer Credit Act that allows an account to be marked as such, and Experian have advised that their computer systems calculate the 'delinquent' status rather than have it provided by the lenders, I wondered what right in Law they have to use my data in this way?

 

 

Many thanks :)

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I wouldnt have thought it was up to the Credit reference agency to decide whether an account is delinquent or not. They are supposed to rely on the information being accurately recorded by the creditors.

 

You are certainly entitled to know what the account is, for sure.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Thanks CitizenB. Do you know of any reference to 'delinquent accounts' in either the Consumer Credit Act or any other Act? As I believe if there isn't a mention, then it's illegal to use my data in this way.

 

 

Especially as Experian have advised that it is their system that calculates the 'delinquent' status based on payment history.

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Hi. Your credit report will include all of your credit account records. When lenders look at your data it is anonymised, so they don't see the names of your other lenders. It can also be summarised for some lenders, so they get a high level view of the main details and can then chose to go in and look at the raw data if they wish. Delinquency may feature in one of these summaries and is simply of way of flagging up arrears on an active account that have become fairly serious. I think technically an account is classed as delinquent if it is registered as status 3 or higher for consecutive months. Your credit report will include the full status history, so you can see all the codes and then they occurred. Hope that helps. James

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Hi James], Yes that info is the same as Experian Explained. Though they didn't say it was an active account that was in arrears.

 

 

However until I know to which account they refer, I can't take the matter up with the lender.

 

 

Also, would you know if in Law they are able to flag an account as delinquent, or whether such a status is covered in any way under the Consumer Credit Act etc please?

 

 

As far as I know I've been unable to find any reference, and question what right they have to use my data this way.

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You might need to speak to the Information Commissioner about this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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