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Credit report false information???


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I am having problems with an entry in my credit referece files that RBS has made, i have satisified all my creditors through a DMP through CCCS.

 

All other creditors have made entries reflecting that i was on an arranged payment plan, Except RBS which showed the account 6 months in arrears right up to the date it was satisified in Jan 2006, yet i had been on a arrangement plan with them since 2000!

 

The "6 months in arrears" entries really kill my credit rating, yet the aranged payment entries do not, i have asked RBS to ammend the file to show i was on a payment plan, yet they refuse. I am about to send them the following letter, and comments/ help would be most welcome!

 

 

 

Thank you for you letter ref: xxxxxxxx

 

However I am still not satisfied with your response, you have supplied me with a canned response, and totally ignored my request. Which I will again repeat, this account was paid off on an arranged payment plan, agreed between RBS and myself, any credit report entries should reflect this.

 

I would like to point out the following statement in your letter:

 

“As a responsible lender, we believe that it is in the interests of the credit industry to provide an accurate portrayal of our customers”

 

I would like to bring your attention to the word “Accurate”

 

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 ALL other creditors have done) and is an accurate portrayal of your customer, ie myself.

 

Or that the account was up to date at all times, as the agreed payment amounts were made on time every month.

 

I have already opened a notice of dispute with the relevant credit reference agencies.

 

If I do not receive a satisfactory response in 14 days of receipt of this letter, I will make a complaint to both the Financial Ombudsman, and the Information Commissioners Office. If it is proven that your data entries were inaccurate, under the terms quoted above, I will start a claim against RBS, for any financial hardship caused to me, by your irresponsible data reporting.

 

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 cheque 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,

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