Equifax Refuse To Budge What Now ??

[LISAM696969]

Dear Ms LISAM696969

 

Thank you for your recent correspondence.

 

We acknowledge your comments regarding this information, however at this stage I wish to advise that your Dispute has been closed and the reply we have received from the supplier is considered adequate for the purpose of a Dispute.

 

This information is supplied by our credit clients and as such we do not have the power to amend this information unless we have received written authorisation to do so from the respective sources, and can only suggest that you contact the company concerned with any further enquiries you may have regarding these details and they will advise you further.

 

For further information on all aspects of your credit file please visit Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax where you will find comprehensive information and advice.

 

I hope the above details are of assistance to you.

 

 

Equifax Customer Care Team

 

I PUT IN A DISPUTE REGARDING LITTLEWOODS PLACING A DEFAULT ON MY CREDIT RECORD ,SO EQUIFAX WROTE TO THEM THEY WROTE BACK SAYING OH YES WE HAVE NO PROOF NO EVIDENCE NO NOTHING AND WHEN I TOLD EQUIFAX THIS AND THAT I HAD REQUESTED A CCA AND A DEFAULT NOTICE WHICH WAS NOT FORTHCOMING THIS IS THE RESPONSE I GOT TODAY , SO WHAT DO I DO NOW IT APPEARS THAT JUST BECAUSE LITTLEWOODS SAY IT IS SO THIS RIGHT , BUT WHEN I SAY ITS NOT THEN TOUGH , I'M STUCK AND REALLY NAFFED OF ABOUT THIS WAHT DO I DO NOW , HELP PLEASE

[debt_mountain]

I am doing the same as you with equifax, see my threads) I replied to Equifax and said the lender had no evidence and as Equifax were sharing mthe inaccurate dat a the were as liable as the lender in the damage and breech of the data protection act and I would be rporting them to TS and the ICO. I also asked what their procedure for escalation was.

 

It was then immediately escalated by them and I am now waiting.

[rory32]

Subscribing.

[grobbo24]

Halifax did this with me, they put a default on my file with equifax whilst the alleged debt was in dispute.

 

I contacted equifax, who said it may take 28 days to investigate, I had a reply today from them saying that as the Halifax have failed to respond to them they have removed the whole entry not just the default from my file.

 

So this alleged debt from Halifax no longer shows on my file at all (for the time being!!)

 

Just keep on at them, I am sure you will get the right result in the end.

[powelll]

The address for complaints to the Information Commissioner is:-

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

 

Good luck

[LISAM696969]

Well Have Spoken To Littlewoods And They Don't Even Know My A/c No So How On Earth Do They Expect To Prove A Default That Doesn't Even Exist Aaah !!!!! Bangs Head Repeatedly Against Wall !! Have Now Written Letter To Three Different Depts At Littlewoods And Faxed To Four Different Depts What More Can I Do Equifax To Prove To You This Is A Fabrication !!!!

[powelll]

In fairness to Equifax they do just process the data provided by creditors - it's up to the creditors to advise them to remove or correct false or inaccurate info, Experian cannot just decide to do this themselves as they would be breaking the law. You really need to take up a complaint via the Info Commissioner to get any further with this.

[LISAM696969]

i understand this , but surely with such important and vital information then they have a duty to check it is correct when asked and not just accept a lenders word that oh yes it is , if this is the case then why has this lender told me they cannot even find account let alone default , surely if lender won't comply then CRA must listen , lisa

[Rameses]

"IT APPEARS THAT JUST BECAUSE LITTLEWOODS SAY IT IS SO THIS RIGHT , BUT WHEN I SAY ITS NOT THEN TOUGH".

 

Lets be honest it is far preferable to the alternative. In general creditors are rather more honest than those attempting to get defaults removed.

[debt_mountain]

In fairness to Equifax they do just process the data provided by creditors - it's up to the creditors to advise them to remove or correct false or inaccurate info, Experian cannot just decide to do this themselves as they would be breaking the law. You really need to take up a complaint via the Info Commissioner to get any further with this.

sorry but equifax and fairness do not belong in the same sentence. The creditor has no written proof of an agreement but equifax will not remove the details because the creditor says so..... sod that for a game of soldiers. If there is no proof then it should be removed until there is proof. Inocent till proven guilty.

[debt_mountain]

"IT APPEARS THAT JUST BECAUSE LITTLEWOODS SAY IT IS SO THIS RIGHT , BUT WHEN I SAY ITS NOT THEN TOUGH".

 

Lets be honest it is far preferable to the alternative. In general creditors are rather more honest than those attempting to get defaults removed.

totally diagree. They do not have an agreement so where is their legal right......they are breaking the law and as such should be taken to court and if Equifax do not correct my accounts that is exactly where they are going. 21 days and counting.

 

The worm has turned and the consumer is no longer taking their word for it........prove it!!

[rory32]

Standard fair from Rameses I'm afraid.

[debt_mountain]

"creditors are rather more honest

 

 

bank charges, dcas and CCA requests, harrassment, lies, deceit .... oh thats the creditors isn't it. silly me.....

[Boobaby]

Dear Ms LISAM696969

 

Thank you for your recent correspondence.

 

We acknowledge your comments regarding this information, however at this stage I wish to advise that your Dispute has been closed and the reply we have received from the supplier is considered adequate for the purpose of a Dispute.

 

This information is supplied by our credit clients and as such we do not have the power to amend this information unless we have received written authorisation to do so from the respective sources, and can only suggest that you contact the company concerned with any further enquiries you may have regarding these details and they will advise you further.

 

For further information on all aspects of your credit file please visit Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax where you will find comprehensive information and advice.

 

I hope the above details are of assistance to you.

 

 

Equifax Customer Care Team

 

I PUT IN A DISPUTE REGARDING LITTLEWOODS PLACING A DEFAULT ON MY CREDIT RECORD ,SO EQUIFAX WROTE TO THEM THEY WROTE BACK SAYING OH YES WE HAVE NO PROOF NO EVIDENCE NO NOTHING AND WHEN I TOLD EQUIFAX THIS AND THAT I HAD REQUESTED A CCA AND A DEFAULT NOTICE WHICH WAS NOT FORTHCOMING THIS IS THE RESPONSE I GOT TODAY , SO WHAT DO I DO NOW IT APPEARS THAT JUST BECAUSE LITTLEWOODS SAY IT IS SO THIS RIGHT , BUT WHEN I SAY ITS NOT THEN TOUGH , I'M STUCK AND REALLY NAFFED OF ABOUT THIS WAHT DO I DO NOW , HELP PLEASE

 

What about trying this letter to the CRA's (in this case Equifax):

 

Compliance & Administration Unit

Equifax Plc

Capital House

25 Chapel Street

London

NW1 5DS

25th May 2007

 

 

Dear Sir/Madam

 

Regarding: Default Details, Company name etc..

Dear Sir/Madam

I write to you with regard to information that has been supplied to you, and you have placed or allowed it to be placed on my credit file.

You must be completely aware of the following, under the New Data Protection Act of 1998 Credit Reference Agencies, are now no longer considered data processors, they are now data controllers, who "receive" "alter" and "process data further" i.e. change the information from the initial data received.

 

You must also be aware that data controllers sometimes must go further than taking what used to be "reasonable steps" to ensure the information they process is "accurate, true & correct". You have in relation to this information failed to proffer the due care & diligence. You had and do have a duty to me to ensure that the data is indeed correct and in line with the provisions of the Act. You must treat each and every individual case on its own merits. Rather than applying a blanket view when taking what used to be considered an acceptable stance i.e. "reasonable steps".

 

The information you hold that has been supplied to you and further processed by Company who processed default and the information you refer to has not been verified. It cannot be verified as true and has been supplied to you under an agreement where criminal offences have been committed, the OFT are investigating this issue.

You have not taken the steps to verify if the data is or ever was indeed correct, if you had done so you would have found out that the data was untrue & being incorrectly and unlawfully supplied.

Under the libel laws it is not acceptable in any way to say that "you believed the data to be true" the publisher MUST have documentary or other evidence to defend a libel/defamation suit.

The sooner that more people are aware of these facts, the more CRA's will take the steps to verify information instead of merely believing an institution, and ultimately perform the tasks they were supposed to.

 

Unless you immediately remove all reference to this data you will be deemed an accessory to these criminal Acts.

 

I must also make you aware that as the data is untrue, and cannot be proven to be otherwise, you are defaming me under the Libel Act. Unless you comply with my demands, I fully intend to take action in the County Court for Defamation & Libel. For the reasons stated previously in that you have allowed this incorrect, unproven data to be seen by third parties (by the viewing of my Credit file) i.e. published.

 

Action you may or may not know can now be taken in the County Courts, by the common people for libel. This step has been made available to allow the general public to have access to the Libel Laws and is no longer a law for the rich and famous.

 

One of the reasons for this particular fact is to enable the public to take action against CRAs if they can prove the data is untrue and unlawfully supplied and in my case I can.

 

Under the Libel laws it is also no longer necessary to prove loss (financial or otherwise).

I will be relying on the ruling of the Privy Council where it was ruled ‘Credit Reference Agencies are not immune to the laws of libel’.

 

I suggest & demand that you comply immediately. No further requests or letters will be written to you regarding this issue, but you can be assured this letter will be produced in court in any action I take against you.

Yours faithfully

Boo

 

 

 

[LISAM696969]

thank you for this sounds great , i'll give it a whirl , thanks again , lisa

[Todge]

Lisa

 

I have read on other posts that instead of sending £2.00 for your credit report (for what a prospective creditor/mortgage company etc might see about you), you can send £10.00 along with a modified S.A.R - (Subject Access Request) under the Data protection Act.

 

This means you get all the correspondence, notes, emails etc that were used to build you credit status.

 

Possibly much more informative, and likely to reveal much more challengeable information.

 

T.

[joneshousehold]

Lisa

 

I have read on other posts that instead of sending £2.00 for your credit report (for what a prospective creditor/mortgage company etc might see about you), you can send £10.00 along with a modified S.A.R - (Subject Access Request) under the Data protection Act.

 

This means you get all the correspondence, notes, emails etc that were used to build you credit status.

 

Possibly much more informative, and likely to reveal much more challengeable information.

 

T.

 

This is interesting. Can you provide any links so we can have a look please?

[joneshousehold]

In fairness to Equifax they do just process the data provided by creditors - it's up to the creditors to advise them to remove or correct false or inaccurate info, Experian cannot just decide to do this themselves as they would be breaking the law. You really need to take up a complaint via the Info Commissioner to get any further with this.

 

Can you tell me which law so I can have a look please?

[setmefree]

In fairness to Equifax they do just process the data provided by creditors - it's up to the creditors to advise them to remove or correct false or inaccurate info, Experian cannot just decide to do this themselves as they would be breaking the law. You really need to take up a complaint via the Info Commissioner to get any further with this.

 

unbelievable

[setmefree]

I stand corrected (already)

 

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so does this not now put the whole system of a credit check for finance etc etc in disaray.:o

[LISAM696969]

Links For Letter For S.a.r Be Appreciated , Cheers And Yes The Above Does Somewhat Cause A Debate How Can It Be Used If It Is Not Accurate Seems To Be A Bit Of A Joke !

[setmefree]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[rory32]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[setmefree]

lol rory i beat you by 1 min:D

[setmefree]

THIS SEEMS A HANDY LITTLE TOOL

 

Information Commissioners - Data Protection Public Register