Default - Closed Account

[dhoom]

This is what appears on my credit file:

 

MORTGAGE COMPANY

TERMS 300@ £XXXX monthly (INCORRECT)

BALANCES Limit 0

Start £XX,XXX

Current £+ (INCORRECT)

Delinquent £XXX,XXX (INCORRECT)

 

 

 

EFFECTIVE DATES

 

Start 1989

Delinquent XX/2001 (INCORRECT SHOULD BE 1992)

End XX/2001

LAST UPDATED/CREATED 06/2006

 

 

 

MONTHLY STATUS R6666666666666666666666666666666666

First of all lots of inaccuracy, secondly since they have now closed the account and the default was some 14 years ago, can I ask them to remove this from my file alltogether.

Needless to say since I am self employed this causes a lot of problems with my day to day business, I have been refused faciliities because of this.

[dhoom]

can anyone help with some advise

[zootscoot]

Hi Dhoom,

 

You can apply to have incorrect data removed from your file.

 

I'll post a template letter for you tonight when I get home from work.

 

All the best

 

Zoot.

[Robertxc]

Brar in mind that what you consider to be 'incorrect' and what they do may be different. If you can't agree, you may need to complain to the Information Commissioner.

[dhoom]

Thank Zootscoot

 

Robertxc-I have documenatry evidence from lenders own notes. (got this from the S.A.R - (Subject Access Request))

 

My only concern is that out of their own wisdom they decide to put the End Date for this as sept. 2001, don't know where they got that date from. From the Information Commissioners Office site I gather that lenders can leave info. for 6 years from the end date.

 

The other thing is why did they wait until June 2006 to create this record on my file.

[un1boy]

My understanding is that if the default is 6 years old or more, it should come off of your file anyeay; whether it was settled or not!

[Robertxc]

My understanding is that if the default is 6 years old or more, it should come off of your file anyeay; whether it was settled or not!

I think you need to check this with the Information Commissioner. I wouldn't rely on it.

[Robertxc]

Thank Zootscoot

 

Robertxc-I have documenatry evidence from lenders own notes. (got this from the S.A.R - (Subject Access Request))

 

My only concern is that out of their own wisdom they decide to put the End Date for this as sept. 2001, don't know where they got that date from. From the Information Commissioners Office site I gather that lenders can leave info. for 6 years from the end date.

 

The other thing is why did they wait until June 2006 to create this record on my file.

The Data Protection Act is quite clear that personal data must be accurate. I suggest you write to them and get a 'final response' (probably "Get Lost"). Then make a complaint to the Information Commissioner.

[dhoom]

bump

[un1boy]

Hi dhoom, what sort of accounts are these? Accounts with unlawful bank charges which form par of the balance, or loan/credit card accoutns which should have a credit agreement which you signed?

[dhoom]

Hi un1boy

This is an old mortgage I had back in 1989.

 

I have recently found out that an order for possession was made back in 1992, and the original default took place 1991/2.

 

My contention is that they should stop processing this data since the default was some 13/14 years ago. They might argue that they have a right to process this info. 6 years from when they closed the account i.e. 6 yrs from 9/2001.

 

For some reason they only created this record on my file in June 2006.

 

I thought they had duty to update this on a regular basis, they have made no updates.

 

I think they are just trying to make things difficult for me.

 

Incidentally I remember when I did my credit search in 1991, there was no record of this mortgage with any agencies. From my recollection and all the documents they have since sent me, I cannot see any reference of giving them authority of processing such information.I could be wrong or maybe they have simpy not sent me all the documents.

[rosierose]

Hi Dhoom

 

Can you say what doc's they've actually sent you? I'd contend that if they have no agreement or that, as you say, the documents you have give no permission to process your data then you have every reason to get any defamatory info removed from the CRA files.

 

Robert, IIRC, the ICO have washed their hands regarding the period of data retention that the CRA/bank axis have agreed amongst themselves.

 

Rosie

[dhoom]

Hi Rosie

The right to process my data would have been at the time of filling out an application. Apart from looking at all the documents they sent me (from my SAR request), I also looked a few times at the bundle they have sent me which has all the applications papers and forms in and this doesn't have any provision about processing my data and there are no other documents in the application file that has any relevance or reference to sharing of information.

[dhoom]

Hi

 

Any ideas on how/what to write to them, I have looked at the library and there isn't anything that I can adopt to this, perhaps someone can point me in the right direction.

[un1boy]

dhoom, have you tried contacting the CRA(s) concerned and asking thm to remove it as it is over 6 years?

[dhoom]

I have spoken to the CRA, and one person says because they only ended the account in 9/2006, its 6 years from then, not from default. I guess they will tell me that they are only processing the data they have been supplied by the data controller blah blah blah

[un1boy]

Hi Rosie

The right to process my data would have been at the time of filling out an application. Apart from looking at all the documents they sent me (from my S.A.R - (Subject Access Request) request), I also looked a few times at the bundle they have sent me which has all the applications papers and forms in and this doesn't have any provision about processing my data and there are no other documents in the application file that has any relevance or reference to sharing of information.

 

Well maybe it might be worth you wriitng to the original lender and telling them that as they have no evidence they are processing defamatory data. If they don't remove it, you will issue legal action.

 

Whislt you are waiting for their reply, I would start drafting your N1 particulars!

[dhoom]

Thanks un1boy

 

Is there any particular format, I should adopt to write to them

[un1boy]

Well I would just write to them politely asking them if they can explain to you, in writing, exactly what has happened (in terms of why they have registered the default so long after it happened) and say in the letter that as they cannot substanciate the processing of your data as lawful by providing evidence that you agreed to it, and that because they did not send you a default notice (which is a breach of the CCA) then would they consider removing the data because is is defamatory.

 

Advise them that if they don't then you will have no option but to issue legal proceedings.

 

Now, I am by no means any sort of expert on this at all but I guess it's worth a try?