Unauthorised Credit Search by Mackenzie Hall

[ianfm]

Hello

Just got a copy of my credit file from Equifax only to find a credit search in January by a company called Mackenzie Hall/J2. The reason given for the search is an outstanding debt. I don't have any outstanding debts and certainly don't have an account with Mackenzie Hall.

 

I contacted Equifax only to be told by them that this company does not need any authorisation to search my credit file and because it is a search for an outstanding debt is visble to any other company that does a credit search and will have a negative impact on my obtaining credit.

 

Well this cannot be right, a company searches my credit file without consent and now gives me a bad credit record for something I know nothing about. Equifax refuse to delete this or take any action, they say I should contact MH but Why should I have all the trouble time and expense.

 

Can a search be made without my consent? Does anyone know of what action I can take against Equifax and Mackenzie Hall?

[Rahl]

I am not sure, but you could look in the legalities/defaults/data protection section for any info till somebody who knows comes along :

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

I know it is a search not a default but maybe some info there .

[PGH7447]

Hi ianfm - I had 2 searches carried out by Crapquest and Tessera group, on the Tessara occasion I emailed them and they removed the search within 2 days, on the second I complained to Experian and 4 weeks later the search was gone.

 

Apparently they are allowed to search but I raised the issue of Data protection and that they should have asked first. Although if you read Experians website they say that searches should only be carried out by authorised companies, now to me Authorised means someone I have given permission to, not some DCA who just happens to feel like it.

[ianfm]

Thanks PGH and Rahl

I have complained to Equifax and told them I want to make an official complaint as they are wrong, I have not given MH any authority to search my credit file. I was astonished to receive a reply from Equifax saying that because I had a default recorded on my account (4 yrs ago - and it is settled in full) then any debt collection agency has the right to search my credit file, what a lame excuse that must be, because they say that when i sign a credit agreement then I am authorising ANY debt collection company to search my credit file.

 

So remember everyone, if you sign a credit agreement then you are allowing any debt collection agency to search your credit file.

 

I am going to send an SAR to Mackenzie Hall to see what info they hold on me but having read about this unethical company I am not sure if I am opening a can of worms here.

 

Regards

[NORNIRONGIRL08]

i HAD SEARCHES AS WELL FROM MAC HALL AND AFTER QUERYING IT WITH EQUIFAX I GOT A RESPONSE SAYING IT WAS FROM A COMPANY CALLED CNM DATA IN WAKEFIELD. ODC GAVE ME THEIR WEBSITE LINK AND I EMAILED THEM. THESE SEARCHES HAVE AN IMPACT ON U GETTING CREDIT

[PGH7447]

From the CreditExpert website / Experian - FAQS:

 

Can anyone search my report?

 

No, searches can only be made with your consent. This is usually given at the time you apply to a lender.

---

So if I give a lender permission, does this in fact mean I give DCA's permission, Dont Think So.

[shywazz]

Do check the companys are searching ? and not just leaving foot-prints, as these are two differant things on credit files, foot-prints are deleted after 6mths or sooner if you ask, searches are more indepth to others and the searcher...

[PGH7447]

If its a DCA I dont care what the F*ck it is stay away from my data:mad:

[PrettyPaula]

I have to agree.... what gies any company a right to do that?

 

i do credit checks on people in my job and i have to be law advise them of that fact and make sure they understand what that means.

 

thats maybe 6-10 a day, i tell people in person what is being searched for and why.

[2Grumpy]

they say that when i sign a credit agreement then I am authorising ANY debt collection company to search my credit file.

 

Regards

When I sign a credit application or agreement it is with one company, not the DCA world.

 

I suspect that the CRAs allow just about anyone to search their files, probably without leaving any traces, so long as they cough up their 40 pieces of silver.

 

Grumpy

[ianfm]

Hi

Thanks all for your input.

 

I made an official complaint to Equifax quoting data protection and processing of data etc. and said I would take further action if I did not get a satisfactory response and guess what, they replied and told me that after further investigation that the details of the person they were making the search on did not match my details and as such they have removed the search. Clearly Mackenzie Hall were phishing. At least i don't have to make contact with this scammy company now.

 

Now this just shows that if they can fob you off they will, it is high time that these DCA's and Credit Ref Agencies were held more accountable with handling our personal details. I wonder just how many people have these searches recorded against them by companies such as MH.

 

Once again thanks to all who responded and gave advice.

[mcarreno]

Hi

 

Can you send me a link to the letter you sent to equifax- I am going through something very similar

 

Many thanks

[david_hornet27]

Yes please template letter would be great:smile:

[straftat]

bump

 

would like to see any letters/templates that have had success in removing table 1 searches

[Blondmusic]

I sent this after Mucky Hall put 14 searches on Table 1 of my Equifax credit file and they offered me compensation as a reply. Send the same to Equifax but they wont give any compensation.

 

Mr. Robert Sands

Compliance Manager

Mackenzie Hall

Unit 1A,

58 Portland Street

Kilmarnock

Ayreshire

KA1 1JG

 

DATE

 

Dear Mr Sands,

 

Unauthorised Searches

 

I (insert name) have recently checked my Equifax Credit Report and have found number of searches registered in Table 1 by your company. I find this most alarming as I have not authorised you to search my report, the matter is made more serious by the fact that these searches are regarding outstanding debt and listed under searches made with regard to Credit Applications as Mackenzie Hall do not offer credit facilities these searches are inappropriate.

 

I have enclosed herewith a copy of the pages from my report showing the offending searches made by your company.

 

As this is a blatant misuse of the Credit Reference Agency I shall seek to recover compensation from both yourselves and Equifax, using the County Court if necessary this will increase the compensation claimed and incur costs as you are obviously aware these searches have seriously damaged my ability to get credit.

 

I await your prompt reply.

 

Yours faithfully,

[straftat]

thanks for the letter , i only have 1 search though so not sure if it will work but worth a go i suppose

[Blondmusic]

It does not make any difference. They should not put searches on Table 1 of your Equifax file.

[straftat]

well this is what equifax have sent to me

 

'Outstanding debt' searches displayed in the 'Table 1' section of a Credit Report will have been carried out as part of a debtor tracing procedure by the creditor or their appointed agent. These searches aren't visible to any lender performing a credit application enquiry or to any other creditor tracing a debtor or collecting overdue debt.

 

This information remains on your credit report for 2 years from the search date.

 

For further information on the search you should contact the company.

[247orbital]

There is a trace facility which all the three CRA have which does not show at all so thats rubbish, also table 1 searches DO cause problems with your credit score.

Hold the CRA to account and demand they are removed again as Table 1 searches are for companies who are going to extend you credit, not for any Tom, Dick or Harry DCA to abuse. Because thats exactly what DCA's are doing, abusing the CRA system. The CRA are well aware of this and need to be challenged in court.

[Blondmusic]

247Orbital is right. Any DCA searches on table 1 of the credit file show up to potential lenders and it does affect your credit score so write to both Mackenzie Hall and Equifax.

[BRIGADIER2JCS]

According to The FOS & ICO placing these searches is not unfair or unreasonable

I quote from a letter received recently when challenging such posts for a third party.

 

In this case we have decided that the DCA has appeared to have a legitimate reason to

process personal data and we cannot conclude that the searches were unfair or excessive in the circumstances, or that personal data was inaccurate.

Debt collection agencies may make full searches but only when they are sure that they have the right individual

Thats from the ICO which also stated it not likely that a breach of the DPA has occurred.

This from FOS ''Whilst I acknowledge that DCA has said that placing searches on T1 is unacceptable, I am not in agreement

with this opinion. If someone has outstanding debts I consider this to information to be something a prospective lender should be

aware of. I feel it is more appropriate for the information to be available to lenders when assessing an application

for credit.Rather than an unrecorded inquiry.

Both letters run into a number of pages but from these extracts it seem the DCA' & CRA's have it their own way.

Some thing to think about?

 

 

I have taken this up with my MP and am waiting contact

[247orbital]

The default on your credit file should be enough to inform any potential lender about your credit history this is why its on there as a default. Table 1 searches are for those wishing to extending you credit and who YOU have given permission to. This statements made by the ICO and FO services are open to massive abuse by the DCA's who know full well that they damage credit worthiness and is just done out of spite. In effect the ICO/FO are saying that the DCA's can forever more carry out table searches, this totally defeats the whole idea of the 6 year rule.

Its nothing short of a disgrace that the ICO and FO who are in place to look after consumers interests come to such conclusions. Like I have said before these table 1 searches need challenging in court.

[BRIGADIER2JCS]

I have been trying to get action on this for nearly a year falling on deaf ears

is an under statement.

[247orbital]

If you have exhausted the CRA complaint procedure a LBA may stir them up a bit.

[BRIGADIER2JCS]

I have tried everything and the result is as stated I am at a loss

as what can be done unless some one has the money to fund a class action

I feel we have hi a brick wall.

Does it not give you a premonition of what is to come with the Government

using CRA's & DCA's to collect benefit over payments etc.