Truthfully, I have no idea. As i said before im not great with these things so at the moment im trying my best to make sense of other letters and bits i read to put a completed letter together.

Bump....

OK how does this look as a reply???? CitiFinancial Europe PLC DX 729900 Sunderland 15 Date: 08/08/2007 Account Number/Reference: XXXXXXXXXXXXXX120P Dear Sir/Madam, Thank you for your letter which I received on 31st July 2007 via recorded delivery. In your letter you state you have no obligation to provide me with the information I requested. I would like to inform you that your obligation does in fact exist. When you sold this so called debt to First Direct the right to collect passed over but your obligation did not. I have also made a request to First Credit for the information I seek but to date they have not replied so I only have your word that the so called debt was indeed passed on. In my letter of the 23rd May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition I requested a signed, true and certified copy of the original default notice. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 12th June 2007 and 12th July 2007 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. 7 As you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to CitiFinancial. I require the following action from CitiFinancial: 1. All payments made to date to CitiFinancial for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by CitiFinancial. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force CitiFinancial or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your written reply within 14 days to resolve the matter amicably. Yours Faithfully

rory sorry it took me so long to reply as i have been away working. Also thank you to everyone else who replied. Its not a credit card its a loan and was taken out about 4-5 years ago. not sure how much is owed but i think it is around the £1600 mark. This all started when I moved overseas to work and i lost track of everything. I got a letter from Connough about this not long after i came back. I offered them a payment of £900 to settle which they refused. I then CCA'd them and they told me thas been passed back to First Credit. I then CCA's First Credit but never got a reply. It was then i got a copy of my Credit File and found the Default from CitiFinance. If anyone can put my reply in a language that might half look legal i would really appreciate it. im not great with things like that.

rory i thank you for your reply. Everything you said is what i was thinking only you put it in a language i would be able to use Not trying to be lazy as i have searched the best i can and can not find anything but do you know of any letter that may be available to reply to them?

I recently found out that CitiFinancial had put a default on my credit file. I went down the route of asking for the agreement etc. After the deadline had elapsed I got the letter that is shown below. Could someone tell me if what they state in the letter is in fact correct? They state that First Credit has the debt. I sent the request for the agreement to First Credit who has ignored the letter and who are now themselves way past the deadline. As they were the one to put the default on my file isn’t it them that should now remove it? Any help would be greatly appreciated. I will also add that the letter you see below is exactly how I got it apart from my address was on it. They had no return address, no date, no reference number, no name and title of the sender. Dear Mr ******** RE: Thank you for your letter in which you have asked us to provide copies of your agreement with CitiFinancial under section 78 of the Consumer Credit Act 1974, and documentation in relation to registration of the default on your account. We have to inform you that we are under no obligation to comply with a request for a copy of your agreement under the Consumer Credit Act as we no longer have a contractual relationship with you, nor are we seeking to enforce any agreement against you. Your right to be provided with this information from CitiFinancial ended with the assignment of your debt to First Credit. Additionally there is no legal requirement to provide a copy of the original default notice sent to you at your previous address. Should you believe that the default has been registered against you incorrectly, please contact First Credit on 0870 1642042 to discuss the status and its possible removal. Yours sincerely (Signature that can not be read)

Today i got the same kind of reply from Equifax (still no reply from callcredit). Does anyone know any other road I can go with this? As Experiam quoted in the letter "I would like to clarify that our role is to give lenders factual information about you when you apply for credit" Does anyone think there is a further route i can take with this whole "Factual" thing?

Personally I would also add something like: "Not to mention the potential personal danger and possibility that my information could be used for future financial fraud using my details" Or something along them lines.

OK like many others I sent the S12 letter to the three companies. Like everyone else I got the standard reply from Experian today. I have typed out the whole letter (which took me ages) and although many have seen it there is one point I have not seen anyone pick up on yet. One of the paragraphs says "I would like to clarify that our role is to give lenders factual information about you when you apply for credit" Now does anyone know what steps the CRA's take to assure the information they hold is factual? If I believe information hey hold is NOT factual then isn’t it up to them to find the proof that it is? I have pasted the complete letter below. Dear Mr ******* Thank you for your letter dated 12 June 2007, which has been brought to my attention in the Directors Office. I acknowledge your request under section 12(1) of the Date Protection Act 1998, entitles an individual to write to a data controller to require the data controller to ensure that no decision which significantly affects them is made solely by automatic means. I am fully aware of the legislation that you kindly quoted in your letter, which is detailed below for your reference. 12. - (1) An individual is entitled at any time, by notice in writing to an data controller , to require the date controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, his performance at work, his creditworthiness, his reliability or his conduct. As a credit reference agency, Experian does not make any automated decisions with regards your creditworthiness or any other criteria that are specified within section 12(1). Consequently, we do not have to comply with your request to remove the information that we process by automated means. This is because we are not making any decisions about the information that we obtain and process via automated systems. I have highlighted the relevant part of section 12(1) that clarifies that it is only when a decision is made by automated processing that you are entitled to have that automated decision reconsidered (s.12(2)(b)). I would like to clarify that our role is to give lenders factual information about you when you apply for credit. This helps lenders as it enables them to review your current and previous credit agreements but also benefits the applicant as they can be granted credit facilities instantly rather that having to prove that they have a good financial history every time they make an application. When a lender asks to see the information we hold, we do not offer any comments or advice. Lenders use the information we send them, along with the information you give on a credit application form, to help them decide weather or not to lend. We are not told if the information we have provided has affected the lending decision or, in fact, what the decision is. If you have been declined for financial services and the lender confirms that the decision was made via an automated process then you do have the right to appeal against that decision and request that your application is manually reviewed. You may wish to quote the legislation you referred to in your letter in support of any request that you may make to a lender for a manual assessment. Furthermore, you may also like to note that is you add an explanatory statement to your credit report, this will automatically mean that your credit application must be manually reviewed prior to completion of any automated assessment. You can add a short explanatory statement to your report to make sure that future lenders are aware of your comments. This is called a ‘Notice of correction’. Anyone looking at your report in the future will see your comments and should take them into account before making a lending decision. If you would like to add a ‘notice of correction’ to your credit report, please let us know the exact wording you would like to use. We can not add a statement that is longer than 200 words or one that we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason. Before you are permitted to add a ‘notice of correction’ to your report, you must first obtain a copy of your credit report detailing the information that we hold about you that lenders view when you apply for credit. I am enclosing an application form (NO application form enclosed) for you to complete and return should you wish to take up this option. It is also stipulated within section 5 (Principles or decision-making) of ‘The Guide to Credit Scoring 2000’, that the applicant can appeal for a manual decision to be made if they have been declined purely by means of an automated scoring process. You might wish to view ‘the guide to credit scoring 2000’ in particular section 5-7, if you wish to see this in full. You can find this on the Experian website at: www.experian.co.uk/corporate/compliance/creditscoring In your letter you also refer to the Human Rights Act 1998. This act requires all ‘public authorities’ to act completely within the rights contained in Schedule 1 of the act. As Experian is a private company and not a public body, the human rights act 1998 does not directly affect the work we do. The Consumer Credit Act 1974 and the Data Protection Act 1998 strictly control the personal information that we hold. Both laws give you specific rights and make sure we deal with your information carefully and fairly. If you have any further queries, please fell free to contact me directly either by email at *****@uk.experian.com, by telephone on ***** or by writing to me at the following address. Blah Blah Blah

I heard about the CCJ a couple of months after it all happened. I was in the Army and not home. When i contacted them i paid it in full straight away but was told sorry you are over the 28 days. As far as i recall i did not recieve any paperwork before the court case and if i did the chances are my girlfriend at the time dumped them.

So if i contact the court and find out the company can i still then CCA them? If yes and they have nothing is there any steps i can take to get the CCJ removed? (The CCJ was placed by the court) If that doesnt work how lucky would i be if i went direct to the CRA stateing the CCJ is no longer being maintained etc etc etc?

After looking at my credit file i see a CCJ from Barnsley court. This is dated 05/06/03 and for a alue of £278. (Paid) Now i do remember this, slightly but i dont have a clue what company it was from. If i was to go about trying to get this removed from my credit file would i be better writing to the court and asking them which company this was with and then CCA them or should i CCA the court? Im on my way with other defaults on my file but i really have no clue what to do about a CCJ. Any help would be greatly appreciated as im still pretty new to all this.

To be completly honest i do not even remember the account. I was always an O2 customer. The only thing i can think is it was an account i got for my girlfrend at the time. If that is the case i have to try and find a way to prove it. As it was in my name i dont think i have a leg to stand on.

OK i have sent off a SAR request today and as far as i can see that is all i am able to do at this point. If anyone knows of anything else i should do i would appreciate your imput.

That sounds completly logical to me but how would stick it to them in a way that is going to actually work?

I have started the process of trying to sort out these defaults but seem to have been shot down at the first hurdle. I have started a new thread with the results and it can be viewed at the link below. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/95070-dispute-orange-please-help.html

I recently got a copy of my credit file and noticed a Default from Orange. To be completely honest I do not even recall having a contract with Orange as I have usually always been an O2 customer but it is possible. If anything it would have been a contract I got for my partner at the time but again I honestly can’t remember. I sent Orange a letter last week (Copy of which is below) and today I got a reply (Copy of which is below) which looks like I do not have a leg to stand on. I know the letters are a little long winded but any help would be greatly appreciated. FIRST LETTER TO ORANGE Orange St James Court Great Park Road Almondsbury Bristol BS32 4QJ Date: 23/05/2007 Account Number/Reference: XXXX8936 Dear Sir/Madam, After recently obtaining a copy of my credit file from Equifax (Experian & CallCredit reports requested), I am concerned to note that your company has placed a "Default" notice against an account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order to cover the statutory fee. 2. You must also supply me with a signed, true and certified copy of the original default notice. 3. Any deed of assignment if the debt was sold on 4. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. I would request that this data is provided to me within the next 12 days. If you are unable to provide this data then I require all information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable. Yours faithfully, Mr. ******** REPLY I RECEIVED FROM ORANGE Dear Mr ***** Re: Account ******** I refer to your queries raised in your letter. In response to your request for a copy of your signed agreement with Orange I can confirm that Orange do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated agreement under the consumer credit act as such we are not required to retain a signed copy of your agreement. When you connect to Orange you would have been asked to either sign a customer agreement for stating that you have read and agree to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of your phone. This is in compliance with the consumer protection (Distance selling) regulations 2000. In all cases the terms and conditions applicable to your agreement with Orange (The contract) are supplied in the box with the phone. These will either be in a separate guide or in the back or your phone user guide. As your mobile phone agreement is not classed as a regulated agreement under the consumer credit act 1974 we are also not obliged to send a formal default notice. In place of this we send a monthly bill and reminder letters which include information relating to the effect non payment will have on your ability to obtain credit. We also advise you in advance of joining the Orange network that we will pass on details of your payment performance to the credit reference agencies. This can be found in section 19 of your terms and conditions in your phone user guide or inbox literature. With the above points in mind I wish to confirm that I will not be making no amendments to the default recording on your credit file until the amount of £465.02 is cleared, once cleared the default will be settled. The default relates to invoices raised between 24/02/2004 and 24/05/2004 which remain unpaid. After liaising with out collections department I can confirm that letters were sent advising you of the outstanding balance and the relevant consequences of non payment, after exhausting all possible routes for collection we ceased attempting to collect payment and recorded a default. Although I appreciate your concerns on this matter I must confirm this is our final position on the matter. Yours sincerely Lee Weeks Credit Referrals Department Encl: £1 Postal Order.

Hi dencha, Thank you very much for that link it has been very helpful. Now i can finally see a way forward that might just work.

Yeah i had a feeling that would be the answer but thought i would give it a shot.

Hi all, I recently got a copy of my credit file and there is a number of old accounts 2, 3 and 4 years old that were defaulted on but I later paid and are now marked at satisfied. Is there any way I can now get these removed from my credit file so it will be better shape if I ever apply for credit in the future?