Information Held By Credit Reference Agencies - Next Directory

[doo]

Not sure if I am posting in the right forum here but heregoes. I have recently checked my credit file and noticed some wrong information. Basically I had an account with Next and was defaulted in May 2005, managed to pay a full and final settlement 6 weeks later to DCA and thought no more about it. Anyway after seeing credit file Next have not updated the file since may 2005 and states there is the original balance outstanding, no mention of any payment by me whatsoever. This has been on here for almost a year now giving out wrong information and never being updated. Am going to try and get default removed. Any ideas.

[gizmo111]

Not sure if I am posting in the right forum here

 

You are now I've moved your thread here:)

[doo]

Thanks, was undecided where to post - nice avatar.

[doo]

Bump

[mochamoo]

..

[doo]

Thanks for that will have another read, just was not sure how much of it applied to my case.

[Guest Battleaxe]

I wrote to the relevant CRA's, and explained the situation, they in turn got in touch with the supposed creditor, took a couple of weeks, badda bing, baddaboom, information updated and correction made. The entry actually disappeared.

[doo]

thanks Battleaxe, have spoken to CRA and they have confirmed this also but as posted above they had issued a default against me so want to try and clear this as well, so am thinking of right action to take. Will start with letter asking for CCA, by the looks of things though no-one has received one from Next.

[spitting kitten]

I sent Next a S10 DPA 1998 letter stating that they do not have my consent to give my details out to third parties may be worth your time sending one to them recorded delivery. That way if they do discuss your information with third parties after that then they will have some explaining to do.

[doo]

Thanks for that, is the S10 DPA letter in templates, if not where can I access it, not that familiar with all this, only bank charge claims

[darling1]

- just subscribing!! good luck

[doo]

Am considering sending letter to Next from Surlybonds default removal template and just taking out the bits that do not apply. Have been doing alot of reading since I started this thread and it occurs to me as they have not updated my credit file since I made my full and final payment (no record of my payment on credit file) almost a year ago that perhaps now that this contract is terminated hopefully the permission to disclose has died with it, in which case I am hoping that the legal right to hold default on file is no longer there (being historic data).

 

Any comments welcome.

[doo]

Ok, have been busy this evening. Will be sending tomorrow to Next - CCA letter, Surlybonds default letter (amended to suit) and Statutory notice S.10 & 12. Am also sending letters to all 3 CRA's. Will post updates when I get replies.

[doo]

All above sent - have also read that according to the Fourth Data Protection Principle it requires 'personal data is accurate and where necessary kept up to date' which it has not. It has been 11 months since default and that is the last time they put an entry on my file, they have never updated it to show payment 7 weeks after default (full and final settlement) - can they have it both ways, comments welcome please.

[smel24]

Hi Doo,

 

Now subscribing to your thread....

 

Yes all accounts you hold should keep your credit information accurate and up to date just as you should when you apply for such credit.

 

If the account is settled your credit file should show this. If it does not then Next have seriously gone against all rules, regs and your rights!

 

I take it the letter you've written to all three CRA's explains this? They do all often say that if information is inaccurate on your file they attempt to address the creditor themselves.

 

Hope this helps?

 

Smel

[doo]

Smel, thanks for subscribing.

 

Agree with you on your thread, will advise CRAs that Next have no signed CCAs - lets see where that gets us. Am happy at the moment that Next have not updated my credit file as I am hoping it will work in my favour - we shall see.

[doo]

The action I have taken so far:

 

1 CCA request (they have just wrote back to confirm they do not hold a signed credit agreement - no surprises there then). They also go on to say that a default entry will be made on my credit file - well I think they need to look at my file coz they have already done this.

 

2 Sent 'surlys' template letter in the stickys, changed to suit - 5 page letter so lots in there, in short am awaiting copy of my T&Cs and default notice. Rang Next today and this letter is in the hands of the legal department who say I should have a reply within 28 days.

 

3 Sent Statutory Notice s.10 & s.12. Well they have completely ignored this, whereas my credit file has never been updated since May 06 and has shown no payment made to this account (paid full and final beginning of July 06) they have now decided 11 months later to go and update my credit file.

 

Will update when I get more information back from them.

[smartmartian10]

Doo have you complained to OFT about Next? check my post below

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html

[doo]

Have not had time yet to properly digest the 3 page reply next have sent me (due to other claims) however, in short they have completely ignored my stat notice s.10 & s12, they have decided after 11 months of leaving the wrong information on my file that they would now issue the information that the account is paid. Also they have sent me a copy of my default notice (never received) it has COPY stamped on the top, is dated April 2006 and is addressed to me, part of my address, no county and a SE something postcode, have not got a clue where this is but certainly not near me (does anyone know). Will now write to OFT as srmjmm10 has posted some positives on doing this, all this info will now be sent onto the Information Commissioners Office. If anyone has any comments please let me know. Will also write with all this info to the 3 CRAs.

[doo]

Responded to the letter Next sent me a couple of weeks ago but as yet is still showing it has not been signed for by Royal Mail track and trace, will re-send just to make sure they do get it as I want a reply. Also have CRA tackling it from their end, Experian have contacted Next and have put a notice of correction on my file, not sure how much success this will have though.

[saints12]

Hiya Doo..... I sent a letter to Next Recoreded delivery and it didn't show on the Royal Mail site a signed for but they did recieve as I had a cheque in it.

[doo]

Thanks for that, must admit I have a funny feeling that they have got it but like you say have not signed for it. May give them a ring if I haven't had a reply by the end of the week.

[doo]

OK, have now spoken to Next and it seems they could not locate my letter so have now e-mailed it to them. Also they have sent me a 'reproduced' copy of my default notice and as already mentioned it has the wrong postcode, now they have confirmed to me they do not keep original notices but they send out reproduced copies to show you what you would have received - so no true copy - I was also told that the postcode error was a typo - the fight continues.

[smartmartian10]

Their incompetance is almost staggering doo.

[doo]

Completely agree, does anyone know what happens if they cannot give me a true copy of the default notice? Do they have to by law?