credit report has inaccuracies, what can i do?

[tifo]

as a start to my claims, the first thing i have done is get my credit report from Experian and Equifax (is it any use asking Callcredit for one?).

 

Some of the info is incorrect as follows :

 

1. Fredrickson is down as Fredricksons

2. I have 2 defaults for the same account showing two different current balances.

 

3. Some of the debts are the wrong type, i.e. a credit card is down as a hire purchase agreement etc.

 

I know i can ask the CRA's to amend the info but they state in their docs to contact the DCA. Is there any use in me doing this and allowing them to correct their info or can i use this to my advantage?

 

thanks.

[tbern123]

as a start to my claims, the first thing i have done is get my credit report from Experian and Equifax (is it any use asking Callcredit for one?).

 

Some of the info is incorrect as follows :

 

1. Fredrickson is down as Fredricksons

2. I have 2 defaults for the same account showing two different current balances.

 

3. Some of the debts are the wrong type, i.e. a credit card is down as a hire purchase agreement etc.

 

I know i can ask the CRA's to amend the info but they state in their docs to contact the DCA. Is there any use in me doing this and allowing them to correct their info or can i use this to my advantage?

 

thanks.

 

Contacting CRA's is a little hit and miss.. I had some incorrect info on my credit file. Somethings they automatically changed, some things they refered to other companies and then changed and other things they have refused to change. Once I have finished with Cabot... I might have a crack at a CRA, as I have documented proof from an original creditor that the info registered is incorrect. However as the account is now with Cabot, they have refused to amend my credit file

[tifo]

Hi,

 

I received my credit files a few weeks ago and noticed that some defaults had the wrong information about the account type, i.e. credit card listed as loan, or current account listed as credit card. What can i do about this?

 

Also i noticed Lowell has issued 4 defaults for the one debt ... 2 through one company and 2 through another company ... this seems like a serious breach to me, as only one of them would really own my debt. You can see my thread for this here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html

 

Any advice please?

[tifo]

i can't even send Fredrickson my CCA!

 

I've posted it twice this month to the PO Box address on their letters and it gets lost. It's the only one that cannot be delivered. Royal Mail do not even send back to me, just say its lost. I've sent both by Recorded Delivery. Should i try their Data Registrar address or the Ltd Co address?

 

Issue No 2 above of 4 defaults for 1 account by 2 companies is quite a serious matter i think. I'm contacting the ICO and OFT, but also have a friend who is high up in the political ladder and will use his contacts, if he has any, within the OFT and Commons.

[tifo]

Hi,

 

Does anyone have information or advice on the removal of defaults that have been entered by a DCA, after they have not complied with a CCA request and not supplied any documents to support that they actually own the debt?

 

Also, am i within my rights to have a default removed because it contains the wrong type of account info, e.g. they have detailed the account as a 'Hire Purchase' when in fact it was a credit card' or it is detailed as a 'credit card' when it was a current account etc?

 

Am i also within my rights to ask for details of the 'Hire Purchase' account they have entered as a default (just to be cheeky with them) and make them prove it was indeed this type of account?

 

Then, after (or IF) they remove the default, how do i go about having the CCJ removed.

 

For one account, i have a default with wrong type, a CCJ then a charge on my house. I want all removed.

[rosierose]

Hi Tifo

 

Trading Standards are writing to Retail Collections at HBOS ordering them to remove any deleterious information from my partners credit file following their failure under s78. I should clarify that that the account has not been defaulted, but the principle is that without an enforceable agreement granting permission to collect and process data then a default (or even a late marker) is a no no.

 

I have had a default removed by HSBC using the same argument.

 

Good luck with the rest!

[tifo]

ok, thanks ...

 

i'll try and go for the same line.

[tifo]

How do i go about claiming compensation for an unlawful default that a bank/DCA has maintained?

 

I will need to issue a claim against Lowell Financial in my long running dispute with them as they defaulted me 2 times and they act only as an agent for Lowell Portfolio, who also defaulted me 2 times. They have admitted to the Information Commissioners Office on 2 breaches of the Data Protection Act but the Information Commissioners Office does not take action against companies as they say they have no powers to do so.

 

For the same account as above, Barclays also carried on maintaining a default after they sold it to Lowell. I have passed it to the FOS but they have put it in hold as i also made a claim for charges on the account. Despite telling them this has nothing to do with charges but an unlawful default, i cannot get through to them.

 

NatWest also maintained a default after they sold a credit card account and the DCA maintained their own. FOS have been looking into it for many months.

 

HFC also maintained a default after the account was settled with them. FOS have been looking into it for many months.

 

All the above have removed their defaults in April after i complained but the fact remains it affected me for 3 year prior to that. The problem is proving how as i have not been applying for credit (no use, get turned down anyway).

 

I need help and advice as i need to issue a claim for each of the above, as well as common law cases to support this.

[tifo]

Having been on another thread, a member has stated that compensation for a default cannot be claimed under DPA s.13 if the claimant (me) is not owed any money from the defendant (bank/DCA).

 

The same member has stated to use the Protection From Harassment Act 1997 s.1 instead of DPA s.13 but can this be used against a business?

 

I have done a s.78 to a DCA who have not complied with this request so i am not paying them anything. The second DCA that is managing the account defaulted me 2 times, despite never being the legal creditor at any time.

 

As they don't owe me any money, does this mean i cannot make a claim and they get away with this? They have admitted their breach of the Data Protection Act in writing to me and to the Information Commissioners Office who have told me to claim under s.13 DPA.

 

I settled accounts in full but the bank carried on defaulting me. As they don't owe me any money now, do they get away with their defaults?

 

If i claimed charges from the banks (all for credit cards) i would be able to add compensation for wrong defaults but might the whole case be stayed or just the charges part?

 

I have not been applying for loans/credit because of other valid defaults and CCJs and i would be turned down anyway so cannot show financial loss but was going to use the FOS guide for non-financial loss (£300 - above £1000) and common law precedents to substantiate my claims.

 

Again all this seems unfair for the consumer.

 

Comments please.

[car2403]

Not sure who has told you this, but it seems wrong to me.

 

Any charges involved in a Default balance will automatically make that Default unlawful if the charges are disputed/recovered - this means you can challenge the Default under the CCA and the DPA.

 

Take a look here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

[tifo]

Received my credit files recently and noticed that Mackenzie have done some trace searches even though i've never had any debt assigned to them. They have attempted to collect on behalf of other DCAs but were sent packing on a few occasions. Is this the reason for the trace searches?

 

I also notice i have my previous 2 addresses showing as linked addresses with the name of the people currently living there. I have no financial connection with any of my previous addresses as i have been living in my current home for 9 years. One address is from before this time and the other is from over 15 years ago. The link is shown as 2000 and 2007. Should these even be on my file and how long should they remain?

 

How do i go about having the trace searches and linked addresses removed.

[NORNIRONGIRL08]

Tifo

 

I have mentined this on a few threads whats happening is that J 2 Solutions a Souper Douper (Not) tracing agency which is a part of MH have recently purchased an account with Equifax now they are really getting their moneys worth at the moment as they are on a no holds barred searching expedition with any one with names remotely and that also includes wait for it people with the same surname as the debtor who live in the same area as they may be relatives. they send out letters saying they need to contact blah blah on a personal matter and I think with that programme on telly Heirhunters, people are curious and ring them not knowing they are MH partners. I have been sharing many E Mails with their MD Gary Jones on this also contacted the ICO the response is on another few threads.

 

I did an online dispute with Equifax also e mailed them and they say you have to contact the person who made the search, hence Mr Jones, now thet searched mine 34 times in 4 days all stating outstanding debt and as it was in the credit searches area it stays on file for 6 years. Another company that do this on behalf of Moorcroft are CNM Data Wakefield - again they do amassive load of searches.

 

I totally disagree with these companys having this power to do this and it seems we really do not have much choice

 

There have been loads of threads lately about MH searching Credit Files as as I say their getting their moneys worth. THing is even if it is wrong person they are searching and the person doesnt check their CRF they are having negative searches on their file, It is so unfair.

 

Hope this helps

[spark1]

deleted

Edited April 5, 2009 by spark1

[tifo]

Ive complained to the Information Commissioners Office, they have not even looked at it yet and have had it since early July, they have a backlog.

 

They took 10 months with me last time which is why i don't bother sending them anything now.

[postggj]

i might shed some light on this

 

two weeks ago i sent experian an email asking why linked address data was still there after ten years.

they emailed back and said the linked address data over six years old has been deleated, which they have done.

 

hope it helps

[tifo]

i rang them yesterday and they said the linked addresses stay forever, because i used to have a financial relationship with a bank from that address, even though i have no account with the same bank now and no links with that address anymore. My previous address is from 9 years ago.

 

this is different to what is stated above.

 

they said even the address from 16 years ago will stay even though i have nothing to do with it anymore and the name of the person currently living there is shown on my files. This would mean if they do something with their bank it will affect my credit file even though it does not concern me?

[postggj]

hi tifo

if i were you send them an email asking for the data to be deleated as its so old

will post my email reply from experian if needed

[tifo]

thanks

 

just been reading ICO guidelines and they say 'usually' 6 years.

[postggj]

the email from experian states the linked address data b1 to b11 will be deleated and any credit company doing a search in the last six months have been notified of the changes.

it then lists b1 to b11

[tifo]

i'll get back to them on Monday and ask for the addresses to be removed.

[postggj]

just send them a polite email, dont say you have allready spoken to them

they can deny a phone call but an email is in black and white and they have to respond

[NORNIRONGIRL08]

This was response I got from Information Commissioners Office

1st July 2008

 

Case Reference Number RFA0201865

 

Dear NI Gril

 

Thank you for your correspondence dated 15/05/08, regarding organisations performing unauthorised credit searches on you.

 

Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

 

In most cases, an organisation would need to inform individuals before performing a credit search. This is to comply with the first principle of the Data Protection Act 1998. If you feel that this has not taken place, you should first raise this matter in writing, or by e-mail, with the organisations that performed these searches. Make sure you keep copies of your correspondence.

 

If you are not satisfied with their response, or do not receive any response, please contact us again.

 

Please quote the above case reference number in all future correspondence about this matter. Failure to do so may delay the processing of your complaint.

 

If you would like any further clarification please contact our Helpline on 08456 30 60 60 or 01625 545745 if you would prefer to call a national rate number.

 

Yours sincerely,

 

James Cooper

Case Reception Unit

The Information Commissioner's Office

[tifo]

thanks, i saw a similar reply on another post today, unless it was you.

[Allwood]

This is the reply I got from Equifax in relation to a trace on my credit file, they still have one trace on my file which I want removed and will not removed it. I have sent everything to Information Commissioners Office and hopefully they will be able to have it removed for me.

 

Sorry it did not past for me, I will try again later.

[Allwood]

No joy again