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    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • Have you previously requested the agreement by a CCA request ?
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Credit report incorrect information!


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Any help greatly apreciated.

 

For years i have been on a DMP wih the CCCS and have paid off most of my creditors.

 

on ordering my credit report from equifax i see the RBS has entered in my credit report that my account was 6 months in arrears in Apr, May and June 2005, then up to date, then satisified in dec 2005.

 

The account was part of the DMP and was paid religoiusly every month from feb 2001 until it was satisified.

 

On contacting them (RBS) they refuse to ammend the entry to reflect that the account was on a payment arrangement, although all my other creditors do reflect this fact.

 

The fact that i have entries of being 6 months in arrears really kills my credit rating, (it would read better if a payment plan was reflected) and also the fact that i was not in arrears, the payment plan was up to date with the agreed monthly payments.

 

RBS will not budge on this, do they not have a legal responsibility to accurately reflect the status of an account that they provide credit details on?

 

is they any way i can make them ammed the credit report?

 

I have filed a notice of dispute with equifax, and have a list of all payment history for said account, yet numerous calls/letters to RBS result in the same response, as far as they are concerned they have entered the information the way they always do, and say they do not enter "arranged payment plans" onto credit reports.

 

Surely this is not an accurate reflection of the account????

 

Any help is mot welcome, i need to apply for a mortgage soon, and the arrers entry is killing my credit rating.

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You certainly have done all you can, although I remain unconvinced a Notice of Dispute provides anything useful to the debtor, as most checks are scoring and not actually read unless you get a manual search undertaken.

 

Yes, RBS have a duty to be accurate, but as they pointed out, their systems don't differentiate and you get stuffed. However, I'm surprised you feel this is a problem, the matter is concluded, showing the matter settled. Nobody can have a squeaky clean credit record, fate will ensure somehow it gets some black marks, but having it marked satisfied is worth its weight in gold, so I really wouldn't loose too much sleep over it.

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hi buzby

 

the problem is that the entries showing 6 months in arrears really badly affect my credit score, even tough the account has been satisfied for a year, if they would change them to arranged payment plan then my credit score would go way up, that is why i want them changed.

 

have sent the following letter to RBS:

 

December 18, 2006

RBS Mint

Debt Recovery

PO Box 6050

Southend on Sea

SS99 1WL

 

Dear Sir or Madam:

 

RE: Acct # xxxxxxxxxxxx

 

After a recent review of my credit reports, I have come across a discrepancy in your entries regarding the conduct of my account.

 

For the months of April, May & June 2005, you entered a credit status for the above account as “6 months in Arrears”.

 

I have two problems with these entries:

 

1. At the time the entries were made, the account was on an arranged payment plan, agreed between myself, RBS Mint and the Consumer Credit Counseling Service (CCCS). This plan and all payments were administered by the CCCS and paid directly to RBS Mint, at no time were payments missed.

 

2. As stated previously your entries showed the account as 6 months in arrears for a 3 month period, but then show the account as up to date thereafter until satisfied, yet no increase in payment was ever made, nor was a large payment made to supposedly bring this account out of arrears?

 

As you are aware, I am afforded principled rights under The Data Protection Act 1998, Schedule 1, Part 1. In relation to the manner in which my data is collated, stored and processed. Of particular note, is Principle 4: “Personal data shall be accurate and, where necessary, kept up to date.”

 

In Keeping with principal 4 the entries on my credit reference should either reflect that the account was under an arranged payment plan (as other creditors have done) or that the account was up to date at all times, as the agreed payment amounts were made on time every month (again as other creditors have done). I have opened a notice of dispute with the relevant credit reference agencies.

 

Further to the above comments, I have no recollection of ever signing a credit agreement that allows you to provide data to external agencies and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. You must supply me with a signed true and certified copy of the credit agreement.

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that all data is removed from my credit files as unsubstantiated.

 

 

Yours Faithfully,

 

 

 

Any opinions on the above letter???

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The letter is fine, however I had a Mint card and their Data Protection section included an agreement to pass data to third parties, including marketing.

 

Hopefully something will spark a reasoned response!

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If all else fails you could sue them for defamation, though this could get complicated and expensive. I am pretty well up on defamation law (I work as a journalist) so if you are thinking of going down this route feel free to PM me for advice.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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