Debt_mountain v's Experian the CRA

[debt_mountain]

Sent off for SAR inc £10 just waiting now.

[debt_mountain]

Not got the SAR back yet but I have been having some fun chasing these guys on my credit file.

 

I have challenged every search that I have not give my permission to have recorded, so far 4 have been removed.

 

I have also challenged every closed account and demanded the account be removed until they have been supplied written proof from their "client" that they have my permission to do so.

 

I have also had 2 accounts that were still receiveing monthly updates 4 years after they were closed.

 

Plus I have demanded that the references to Cabot are removed as they have admitted in the defence for my litigation with them that they do not have any proof of any permission to share our data.

 

All goof clean fun and very satisfying.

 

the first reply you get is a sod off we can do what we want with your data and will not bother our clients in the meantime.

 

then you threaten Trading Standards and the ICO and for some reason they then take the request more seriously.

[jotty]

Hi DM, I to have a few things that I feel need removing from my file such as searches and an old settled account plus an incorrect default entered by British Gas which they say is wrong but EQ are refusing to remove.

 

Any advice please.

[debt_mountain]

What I have done is used their online dispute system . You have to have a credit report either a paper copy or subscribe for it online. Then you can reference that report and start to have some sport with them.

 

Keep pushing them to obtain the proof they can share your data and that their client has to prove in writing, what they are sharing.

 

I added wording like "Equifax are just a liable for the data being held and shared as the their client and as I have now lodged a complaint and made them aware of the inaccuracy they have a duty to investigate and correct the data"

 

Don't take any of their wooly replies, keep pushing and have it "escalated".

[debt_mountain]

Another 2 old unused accounts now removed (1 was still showing as open) as the OC couldn't be arsed following it up by the looks of things. These weren't doing any real damage but I just want to push the CRAs.

[rory32]

Keep pushing debt mountain - I am watching with great interest.

[debt_mountain]

Another 4 letters from Experian today

 

5 searches removed and 2 old accounts removed.

 

but 2 where they have made the mistake of taking the word of their client over mine..........do they know who they are dealing with!!!!!!

 

Another LBA on its way tomorrow and if they don't have the client prove the right to share our data then it will be off to court for both them and the client as both of them are doing me damage......

 

I still have 5 accounts in each name that is being challenged, they are all defaults. 2 with a bank and 3 with my palls at Cabot.

 

Cabot have confirmed in their defence they have no agreements or the ones they have are not legible. Thi to me is enough to have the records removed. If not then its off for damages.

 

The bank got their nastygram today saying they too have failed to supply the agreements that are legible and they have to stop reporting, faxed letter to experian too.

 

Callcredit are so underused Ihaven't even bothered with them yet. Will wait til the other 2 are sorted and then send Callcredit the proof.

[jotty]

DM I have been trying to get an old account history removed from my Experian file, I have tried the old ' you dont have my permission to keep old data' in this case an account that was settled 6 months ago and to which I no longer subscribe. Am I right in thinking that you have managed to get these things removed. Here is the latest reply from Experian:-

 

"Experian do not hold copies of the contracts you have signed, which will include your permission to share this information with credit reference agencies. In order to obtain a copy of this information and any further details of an account you will need to contact the companies directly at the addresses provided on your credit report."

 

"We do not hold copies of the information for similar reasons to why we cannot check the uthentisity of each search recorded on your credit report, the strict terms and conditions that we have in place are considered to be sufficient for us to ensure that the companies using our services are only recording legitimate information."

 

Any advice please.

[debt_mountain]

Have youdone a CCA request to the lender? if yes and they have stated they have no agreement then send thastto experian and tell them if they don't stop sharing in 14 days you will take both the lender and the CRA to court.

 

If the lender sent you a crap agreement send the copy of the agreement and the reasons it is crap and then warn of court.

 

The CRAs are just playing a game and if you keep hassling them they will have to back down so lng as the agreement is missing or crap or you sue as there is no pertuity clause in the agreement.

[jotty]

Thanks, just typed my CCA request, once I get it back what am I looking for exactly.

[debt_mountain]

ideally nothing. no agreement no right for them to do anything. If you get something back let us know and we will give them hell...

[rory32]

As DM says if you do get something scan it in. Most credit agreements don't conform to The Consumer Credit Act so are worthless as an agreement.

[jotty]

Just found my original agreement with SPML and it contains this on the front:-

 

 

This is the part at the bottom

 

 

 

and this on the back in very very small writing, I have only signed the front and the back is full of the usual bumf.

 

 

I am not sure if this allows them to leave the info on a CRA file once the agreement has ended, which it did 6 months ago.

 

Sorry about the size I dont know how to do them full page, but I hope you can click on them to read.

[debt_mountain]

it is very small text, I can't read the first text but the 3rd block is saying they can share your data but nowhere does it say anything about sharing for 6 years

[jotty]

Yes sorry DM, but that is the only bit I can find relating to sharing data, so should I send them a copy highlighting this, especially as I have had another reply from the online dispute service saying basically get lost we can do it because you said so. This is what they are saying:-

 

"Thank you for your email, which we received on 03 June 2007.

 

Account information is held by credit reference agencies for a period of six years after the account was last active. In addition to current credit commitments, the preceding six years of an individual's credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence, this historical information is relevant to the purpose of credit referencing and by holding this data the Information Commissioner has confirmed that the credit reference agencies do not appear to be in breach of the fifth principle that states:

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

 

Broadly speaking, this principle is designed to make the period for which data is retained something that organisations can define themselves, as long as they can justify their reasons for doing so. We feel that as it was agreed throughout the credit industry and in accordance with the relevant regulatory bodies that six years is an acceptable period to hold account information, that we are fully justified in retaining account data for this period.

 

There is no requirement for us to provide you with a copy of any contract that you may hold with the companies concerned. As previously advised you will need to contact those companies directly."

[mrmarmite]

soz me just butting in. correct me if wrong please,

the general jist of what i read in this thread THAT if you CCA OC and only send send app form (defaulted last year) there could be strong case to force removal of default from CRA because it dosen't comply with the CCA

?????????

soz it just to try and clarify a little before a S.A.R the CRA.

[debt_mountain]

sorry, just so your reply. Yes, if it is only an application for it will probably not be an enforceable CCA. Go get them.

[analyst]

soz me just butting in. correct me if wrong please,

the general jist of what i read in this thread THAT if you CCA OC and only send send app form (defaulted last year) there could be strong case to force removal of default from CRA because it dosen't comply with the CCA

?????????

soz it just to try and clarify a little before a S.A.R the CRA.

Sorry guys, in need of help here.

I'm loving this thread and I want to join the party, but you've got me :o with all those acronyms.

 

Now, I do know of the CIA and the USSR and even the BBC but then we have . . .

 

 

doh!

[midge61]

Hi

 

CCA-consumer credit agreement

 

SAR-subject access rquest

 

OC - origional creditor

 

CRA - credit reference agency

 

Hope that helps

[tifo]

nice thread ... i'm going to be making a start soon with CRA's as none of my DCA's have provided a valid agreement and docs as per s.78 request, yet continue to update their default on me month by month.

[jotty]

I have finally cleared most of the rubish from my file but I have found to my horror that I have anumber of searches from various credit card companies which are now killing my credit rating. Although I am aware of some, mainly those idiotic street survey people, I have never actually gone ahead with a signed application. Surely it cant be right that these searches are allowed to stay on file AND be used for scoring if you never actually open an account.

I note a sec 78 request but what is this ?.

[patrickq1]

i was of the beleif that searches were only allowed to stay on file for ten days or so

[jotty]

No it seems they are on for 12 months irrespective of whether you go ahead with the card etc.

[debt_mountain]

No it seems they are on for 12 months irrespective of whether you go ahead with the card etc.

I believe it is 6 months they show for.

[Curlyben]

Hey Tifo, why not come and join in the fun.

Heavily inspired by Debt_Mountain.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112671-cag-cra-r-club.html