Default Entry

[Jamesx81x]

Hi

 

I requested that a default entry be removed from my credit file due to the entry been inaccurate.

 

I provided evidence in the form of a letter from the creditor which clearly states in it that the default notice that was issued was defective. Therefore if the notice is defective then the entry is incorrect and breaches the DPA.

 

Experian emailed me back today stating they had asked the creditor and the creditor informed them the entry was correct.

 

What planet are these people on exactly? They simply state that as the creditor has said it is correct then they cannot remove the entry. Well if the creditor says its correct then of course it must be hey?

 

Even after showing them clear and valid evidence that the default was defective they do nothing about it. They do not even question the creditor by informing them the consumer has provided evidence to suggest the entry is not correct.

 

The CRA's obviously believe they are above the ICO's guidelines and the DPA and it is about time some kind of legislation was brought in that will well and truly wind their scrawny little necks back in.

 

James

[rebel11]

Hi james

 

Lodge a complaint with the ICO, they are very helpful.

[Jamesx81x]

Very helpful? Last complaint i made to them took 1 and half years

[BRIGADIER2JCS]

I 've experienced there sails pace recently so phoned to speak to an adviser, and got a call back from an assistant commissioner

within 15 minutes, worth a try?

[Jamesx81x]

Yes i will give it a go as i do not think i have much choice.

 

What frustrates me is what i stated in my first post. I have shown them the letter clearly stating the notice was defective it is all their in black and white yet to them it is irrelevant as the creditor is always right!

 

James

[BRIGADIER2JCS]

I cannot believe the way they act when the evidence is put in B&W before them

one route I have taken is to complain directly to the compliance manage and data controller

enclosing a copy of a complaint to the ICO searches remove in 24 hours.

[Jamesx81x]

Would the be the data controller of Experian or the Creditor?

 

Thanks

[BRIGADIER2JCS]

Experian as they are displaying inaccurate data which is damaging to your financial status and a a clear breach of the DPA.

[The Debt Star]

The CRA's obviously believe they are above the ICO's guidelines and the DPA and it is about time some kind of legislation was brought in that will well and truly wind their scrawny little necks back in.

 

Gets my vote

[BRIGADIER2JCS]

The whole debt industry needs to completely overhauled and a whole new regulatory platform instituted.

and I want to be in on it.:madgrin::madgrin:

[The Debt Star]

Try emailing this bloke at Experian, he's based in the Director's Office and is apparently senior at Exqueerian:

 

[email protected]

[BRIGADIER2JCS]

Also Phillip James who has posted on here in the last few daysmight help.

[The Debt Star]

The whole debt industry needs to completely overhauled and a whole new regulatory platform instituted.

and I want to be in on it.:madgrin::madgrin:

 

absofookinglutely. I'd go further and outlaw credit reference agencies. people bought stuff before those slime balls took off in the 2000s. the CRAs are only made possible by the use of technology that didn't exist before.

[The Debt Star]

Also Phillip James who has posted on here in the last few daysmight help.

 

would that be my buddy james maperson? who thinks anyone who wants his company outlawed is talking "rubbish"?

[BRIGADIER2JCS]

Still carrying on my campaign but my MP has gone very quiet.

[The Debt Star]

would it help other constituents making similar complaints?

i have an idea.

PM me an edited version of your complaint letters to your MP and I'll send my MP something similar and state that XYZ MP (your MP) has also received correspondence of a simlar vein and would he pls discuss the CRA abuses with his parliamentary colleague.

do you think that would help?

[BRIGADIER2JCS]

Will do but first I must check if there are any Parliamentary privillage issues .will do this on Monday.

[The Debt Star]

ok. ready to start a campaign with you on this so let me know if, how and when can help.

[BRIGADIER2JCS]

With you all the way!!!!

[Jamesx81x]

Count me in

[james.maperson]

The data belongs to your lender, and if they tell Experian it is correct, there is nothing more that Experian can do for you. You then need to go to your lender to dispute it. Please state which provisions of the Data Protection Act that you think Experian have breached. Please Google 'data protection technical guidance' and read the first result that comes back from the ICO. This should help you clarify whether your lender has erred.

Edited May 14, 2011 by james.maperson

[BRIGADIER2JCS]

Hi Debtstar,

 

Yes you are right I had just had a long conversation with conversation

with a colleague called Phillip James.

[The Debt Star]

guessed it right!

[Jamesx81x]

Accuracy of a lender’s default records

 

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

 

 

41 Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly7. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.

 

I would imagine that upon request the creditor would show a copy of the notice to Experian. However when i show a letter to Experian from the creditor which states in no uncertain terms that that default was incorrect then how can Experian be under any illusion that the default entry should be there? Whats your textbook answer for that James.

 

The Data Protection Act requires that information of an individual be correct. Experian holding inaccurate data when it has been proved beyond doubt that it is is a breach of the Act no matter how they try and sugar coat it with all the pathetic standard replies!

[BRIGADIER2JCS]

Gone a bit quiet.!!!!