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Credit Unions and Compliance with DPA and questions about CCA

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Hello all,

 

I was hoping someone here can help me regarding this issue.

I took out a loan in 2011 with a Credit Union in Scotland.

They have defaulted my credit file with the wrong info, including amount, default date and address.

 

I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved.

 

 

A high level timeline of events:

 

In August, I contacted the CU about the default and they gave no indication that this would happen.

It was also not reported for 4 years after the fact.

 

 

In September, I paid outstanding amount.

They told me the default would be settled and closed.

 

 

In October, wrote a letter and called the CU several times.

They told me it would be marked as settled by November over the phone, no formal response.

 

 

In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU.

 

 

In December contacted the FOS and they sent a letter to the CU.

 

 

In Jan, followed up with the FOS.

Their letter had been ignored.

They called called the CU.

 

 

In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them.

 

 

I responded with a copy of my credit file and told them this was not the case

(felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me).

 

 

The FOS, as part of the closure, say the default was fair to be recorded after 4 years..

.. guidance from the ICO states 3 - 6 months.

 

 

I also complained to the ICO.

However, the FOS reopened the case because the CU hadn't sorted the default.

 

 

In March / Apr, Information gathering by myself, the FOS and Experian.

 

 

In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor.

 

 

In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned..

.. as it was an investigator who made this decision.

 

Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information.

Email in progress.... but they also notify me that CU's aren't regulated under the CCA.

 

So my questions really is...

the distress this has caused has been over 9 months.

 

 

I can't get a new car (which I could lose my job over),

I need to sort out the Mortgage for my current residence (which means I could lose my home)

and in all honesty I've spent hours on this.

 

 

What can I do?

The FOS is saying it now may take the ombudsman a while to respond.

Bringing this whole incident to 10, possibly 11 months.

 

The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done?

How can this be fair processing of consumer data?

 

Thanks in advance and sorry for the long post!

Edited by tripspace

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companies don't have to be CCA regulated to default a credit file [re gas electric mobile etc]

 

regardless to the other issues

did you default on the loan?

yes its crass it was recorded 4yrs late, but there are no longer any rules/guidelines that state they cant now

[the ICO guidelines AT THE TIME might have been 3-6mts]

 

it appears, that you are lucky [though you might not see it that way..]

that they are going to remove the default now [they don't have too!]

 

is it SCU are unhappy with the compo?

could you just not state i'll be happy for the default to just be removed now.?

 

you appear to be shooting yourself in the foot if the above is the case and its the compo that you want that's the sticking issue?

 

why stuff your credit file just because you want Wonga?


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Hi,

 

Thanks for the response.

 

I wasn't aware this is no longer the guidance, I was just following the info for best practice posted on the ICO website.

 

The ruling means the default will not be removed, but closed and settled due to full and final payment. This wasn't done. So for the last 9 months, I've had an open default on my file. It will fall off in January, but in order to progress any further financial applications this will need to be closed (according to the Mortgage Adviser).

 

As a result, I'm in a position where the FOS has told them to correct the file, but the Credit Union did not comply with the request after being contacted by myself more than 5 times and the FOS more than 4.

 

I did speak to the FCA saying that the CU does have to provide proof that the Credit Agreement stated the account would be defaulted and provide a copy of the letter. This is under CONC 13 of their code apparently.

 

In any case, all I'm simply asking is for the default to be fixed and marked as settled. The CU have not done this.... Which is why I'm cracking up. It is nothing to do with compensation and I have asked them to remove it in exchange of ignoring compensation. I just want it closed :'(

 

Also, if you mean a Wonga Loan... I'd never touch one ^^

 

Thanks

Edited by tripspace

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no Wonga=compo.

 

 

a default will always show until its 6th birthday, but the account would show settled somewhere else

 

 

dx


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Hi,

 

Thanks for the advice, but the account isn't showing as settled after this was paid 9 months ago.

 

So I guess there really is nothing else to be done, but wait until the FOS makes it's decision again....

 

Thanks.

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wont matter - its defaulted - the default shows and will do no matter what you do

it doesn't matter if you settle a debt it does not remove the default status

and the default status overrides any settled benefit.

 

 

why do you need it gone mortgage?


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Hi,

 

Yes I agree, but it needs to be settled which is the whole point.

 

I won't be accepted unless I've proved the debt has been repaid.

 

Thanks.

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have you been told this specifically

that if you pay the debt and have PROOf its settled

 

 

and that even though the default will still show, you'd get the mortgage?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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