CCJ filed AND 2nd default by OC ??

[stikky62]

Brief history:

In 2001, T-Mobile CCJ'd me and i started making regular monthly payments as set by the court. I finally paid this debt off around April 2008.

On checking my credit report i noticed there was a default filed by T-mobile in August 2007. This entry was last updated to 11/11/2007 and still shows as being in default with the same outstanding balance that was 'allegedly' there in Nov.2007. (I say allegedly because the figures just dont match up with the payments i was making. The figure stated could NEVER have been correct.)

All this time i have been dealing with/sending payments to Horwich Farrelly Solicitors.

 

I wrote to T-Mobile asking them to update my credit file and they responded by saying ....

"We hereby give you notice of the assignment of the debt due to us in respect of the balance of £20.73 outstanding on your account.

On 11/01/2008 your account was sold to Robinson way.

It is essential that all future payments, correspondance or queries regarding this matter be directed to Robinson Way at...."

 

I was never informed it had been passed to RW, and RW have never been in touch with me. Also, i never received any notice of this second default being filed. I've never missed a payment though i may have been a week or 2 late on the odd occasion.

According to the ICO's Data Protection Technical Guidance, a default can only be registered ONCE by the Creditor ~was'nt that the CCJ? (now not showing)

I set out just trying to get my credit file updated and showing the "default" as satisfied,,but the more i look into it i'm wondering if it should even be there at all.

I do have Experian looking into this (just the updating part) but im not expecting any joy. If they contact T-mobile as they say they are doing, won't they just get the same response i had? If RW had become the creditor,,,they wouldn't be able to update my file anyway would they?

 

I'm playing by ICO rules by trying to get this sorted myself before i make a complaint, but i intend complaining to everyone i can (though im not sure who that is apart from ICO) ~ on both T-Mobile and Experian.

 

Please help / advise.

[babybear39]

In response to your PM and after reading your thread, can I ask did the default dates coincide with your slightly late payments?

[stikky62]

I've no idea.

I was sending off my payments (paying at P.O), then when the return letter came with the "Thanks for your last payment, next one due by ..etc" i binned the previous letter ~ so ive no proof of when payments were made.

Its possible it did, but like i said, i would have only been a week or two late ~ seems a bit harsh registering a default.

 

I cant remember which thread it was BB, but you posted something about passing a debt onto a DCA without informing the debtor.

[babybear39]

Does it appear as a D on your credit file?

[stikky62]

yes,,,, says Default,,defaulted 10/8/2007 ..updated to 11/112007,,,with default balance £24....current balance £20

 

btw,,,i was paying £4 / month,,,,,with a final payment of £2.40 (paid off in april/early may)

 

Original CCJ issued 2001

[babybear39]

I'm no expert on credit reports, but from looking at mine, the CRAs put a 'D' for late payment especially on a CCJ.

 

Is the account now marked as 'satisfied' on your credit file?

[stikky62]

Nope...still says Default.

 

The CCJ has actually gone now with it being over 6 yrs ago.

 

Im trying to expand on the letter i have ready to send t-mobile on my CCJ/charging order thread.....i'm looking for Data protection Act sections to chuck at them whilst doing so....and any other guidelines etc they should be adhering to.

 

Ya see,,,,according to the Information Commissioners Office...the OC can only default you once,,,,wasn't the CCJ that "once" ?

 

...and if i defaulted on a CCJ....why didn't it go back to court?

It all seems a bit fishy to me.

[babybear39]

I'm out of my depth here to be honest. The best advice I can give is to find some other default threads and see what information there is

[stikky62]

oK BB,,,thanks anyway ;-)

 

I've been reading loads of threads,,,,but this sort of thing doesn't seem to be covered anywhere.

 

Hopefully Experian will give me a satisfactory answer.....but i doubt it

[foolishgirl]

If it says 'D' on your Experian credit file it means 'The account is not being used & nothing is owed'. If is says '8' that is a default. It will then also state the amount of default, the date it occurred & the current balance owing. (Note - not all CRAs use the same codings)

 

Not sure from your posts which yours is but if you were late with your payments after CCJ I think they will say they can mark your file '8' 'cos as we all know the CRAs make up their own rules!

[stikky62]

To be clear.

 

It is Marked as DEFAULT in red letters under the Status column ~ theres no D or 8 ~ and its showing i am still in default with a £20 balance outstanding.

 

Just received this from Experian >

I can confirm that the County Court Judgment is over 6 years old this is why it no longer appears on your credit report, we have has not received a reply from T-Mobile. I have contacted the relevant department to ask that they chase the company again today. Please be assured that when we hear anything we will be in touch.

 

Have drafted a response >

 

 

I've had a reply from T-mobile (SEE ATTACHMENT), I don’t know if this is of any use to you.

 

From the research I'm doing at the moment, it is becoming perfectly clear that T-mobile have broken at least three Parts of the Data Protection Act 1998:no notice of default issued, not informing me of the alleged debt being passed to a Collection Agency, and defaulting the same account twice.

At the moment I don’t just want this entry updating, I want it removing altogether, and have every intention of taking this to court and suing T-mobile should I not get a satisfactory outcome.

You are also at fault, but at the moment I'm pleading with you to see sense and demand you update this entry as it has not been updated for so long ~ never mind waiting for a response from T-mobile ~ i did provide you with proof this has been settled.

All I'm doing at the moment is playing by Information Commissioners Office rules by trying to get this matter sorted myself first. Be aware I will not hesitate to put in a formal complaint to the Information Commissioners Office.

 

I DO thank you for your help, bit I really think you should be adhering to the Information Commissioners Office's Data Protection Technical Guidance which you link to on your website.

 

Regards

 

Whatcha think, should i send Experian that or edit it in any way???

 

Thanks

Edited July 8, 2008 by stikky62

[foolishgirl]

Your letter looks fine to me but as Experian seem to be renowned for extreme reluctance to either remove defaults (even where it is clearly an OC error) or accept responsibility for the correct recording of data on your file, you may wish to send something a little firmer? IMO the response to above would probably be along the lines of 'we've checked with the OC & this is the info. they've given us' which progresses your case none & has simply wasted your time (except to provide more evidence for ICO or court)

 

You may have missed it, but suggest you read Finlander's thread on Experian - he has lots of ideas, letters etc. which he would probably 'share'. There are also links in that thread to similar cases .

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/148780-experian-final-battle-commences.html

[stikky62]

Cheers FG ~ i'm gonna go read that thread ;-)

 

Edit: Oh,,THAT thread.(experian ...final battle) Yes, i've been reading (and subbed to) that,,,i'll backtrack and read some more.

btw,,, the link you posted just takes me to the main forums page?!?!?

 

Hey...i'm a nice guy,,,,,i find it difficult being firmer without resorting to lots of F words...lol

I know what i'd like to say

 

I'll send that one above and get firm with the next

Edited July 8, 2008 by stikky62

[foolishgirl]

Sorry about the link but you obviously know the thread I mean.

 

Sure you're a nice guy but IMO those you're dealing with won't necessarily appreciate the softly softly touch!

[stikky62]

Oh dont worry,,,,i'm quickly losing my "niceness"...lol

I'm just new to all this and dont wanna run before i'm sure i can walk properly ~ so to speak

[stikky62]

Wooohoooooo... i win

 

I sent t-mobile this letter, which they received this morning >

 

Thank you for your response to my letter dated 1/07/2008.

However, T-Mobile registered this default and as such Robinsion Way (who have NEVER made any contact with me) will be un-able to alter it in anyway. I have enclosed a copy of a letter from Horwich Farrelly solicitors proving this account has been settled, spoken to the Northampton Court who also confirm this, and demand you comply with The Data Protection Act 1998 forthwith.

It has become perfectly clear that T-mobile have broken at least three Parts of the Data Protection Act 1998: No notice of default issued, not informing me of the alleged debt being passed to a Debt Collection Agency, and defaulting the same account twice.

At the moment I don’t just want this entry updating, I want it removing altogether, and have every intention of pursuing this through the courts should you fail to do so.

I shall not be writing to you again as i feel i have made my position perfectly clear. Should you not reply with a satisfactory solution my next step will be reporting you to the Information Commissioners Office, OFT, TS and any other organisations as i see fit.

 

I await your rapid response.

 

Yours Faithfully

 

As a result i've just had a phone call telling me they've deleted the entry entirely today (i shall check later), will send me a letter confirming this (i recorded the phone call too ) and Robinson Way will send me a letter of satisfaction.

 

Yippeeeeeeeeeeeeeeeeeeee, i'm buzzin'

[foolishgirl]

Congratulations Mr. Nice Guy! :smile:

[stikky62]

lol,,,ty ty

 

I'm surprised it was that easy

[babybear39]

Congratulations

 

[stikky62]

Cheers BB