Experian Fight!!!

[falcon185]

Hi all,

I'm in the process of trying to get a default removed from my credit file placed on there by Luverly Lowells. Its an old Cap one alleged debt and Cap One already placed a default on my file which is showing as "settled", I've been in contact with Experian and got the usual drivel in response I have pointed out to them that only ONE default can be placed on my file for this alleged debt not two and want them to remove LOWELLS. This is a response I'm thinking of sending, any thoughts additions etc would be gratefully received.

 

Dear Mrs Proctor,

further to my previous e-mail in relation to this dispute, may I draw your attention to what your reply contained?

You stated " In these circumstances, the company that acquires the debt is then permitted to record this information on the credit report of the individual concerned if the company with whom the original agreement was signed removes their entry from the credit report."

Please take notice of your response as you will find Capital One HAVE a default registered on my file although it is showing " SATISFIED" You MUST remove LOWELLS default from my file, you are aware only one default may be registered in relation to an alleged debt not two!

 

I look forward to your reply and documentary evidence provided to your Agency by LOWELLS in relation to them being in a lawful position to place a default on my credit file i.e. a copy of the Executed CCA and deed of assignment. Failure to supply such documentary evidence will leave me no alternative than to assume your blatant non-compliance to the Data protection Act 1998 etc.

May I also remind you that your Agency is NOT above the law and that your Agency MUST conform to the law!

 

Anyone have any views on this please????

Edited August 2, 2008 by falcon185

[falcon185]

Bump!

[mackembulldog]

Having the same issue with Equifax (MBNA-Hillesden) 2 defaults 1 debt

[falcon185]

Hows this for a reply???

 

Dear Mr Falcon185

 

Thank you for your email, which we received on 01 August 2008.

 

As previously discussed, we have complied with our legal obligations regarding this matter and confirmed that we take what the Information Commissioner considers 'reasonable steps' to ensure the accuracy of our data.( STEP not STEPS, got electronic reply for LOWELLS stating correct, no documentaton to confirm )

 

I understand that Lowell Portfolio I are unable to provide you with a copy of the original credit agreement. The letter you have provided from them states that they believe the default is still correctly recorded and should not be removed from your credit report. As you are aware, we cannot remove or amend data without the permission of the company concerned. ( They BELIEVE but cannot prove beyond all reasonable doubt it exists )

 

I am unable to arbitrate in a dispute between you and a company regarding whether they have complied with a specific piece of legislation. I would recommend that you either approach the company directly or lodge a formal complaint with a recognised regulatory body should you wish to take this matter further. ( Not asking for arbitration just the removal please )

 

We do not amend or delete information on a credit report when it is alleged that a company has not complied with a request for information to which the individual believes they are entitled. ( Even when they cannot substantiate the alleged debt with documentary evidence? )

 

We cannot act unilaterally to remove data from your report. ( No but you can act to remove incorrect Data or does your client pay you too much to do that? )

 

Any request for compensation should be put in writing and addressed to our Directors' Office at the address below. You should provide evidence that any financial loss incurred was as a direct result of an error made by Experian and provide proof of your exact costs and financial losses in this matter.

 

Directors' Office, Regulatory and Consumer Affairs, Experian Ltd, PO Box

8000, Nottingham, NG80 7WF

 

What a load of Bull !! Fuming now!!!

[2Grumpy]

They are unable to arbitrate ... but recording the default is taking their side

 

Theres a lot of believes in there

 

We are leaving the default on there because lowell believe it is correct

 

We don't remove it just because Lowell has not supplied information that the individual believes they are entitled to.

 

Lowell say they believe it is correct, you say it is definately not correct, experian treat it as if lowell say it definately is correct. Experian seem not to understand the difference between belief and knowledge. Apply that to their parentage - *******s.

 

They are the data controller, it is their data, incorrectly supplied by Lowell.

 

Are they suggesting that they can record a default on a credit agreement when there is no credit agreement?

 

Next they will be quoting the information commissioner's website but ignore the guidance to CRAs that they should remove defaults in these circumstances - especially if the alleged creditor won't take the matter to court. Since the court would be the ultimate arbiter and Lowell are the only party that could instigate that and they refuse to (because they know thay cannot win), the CRA should remove the default.

 

The CRAs don't want to start taking this sort of action because it would be too time consuming, pit them against their paymasters and require them to remove some of their valuable data

 

You could email back a simple argument

 

1. The information commissioner's technical guidance, pointing out the relevant sections

 

2. You have disputed Lowell's claims re the default

 

3. The courts are the ultimate arbiter

 

4. Lowell refuse to take you to court

 

5. According to the Information Commissioner's guidance, the default should be removed

 

6. To continue to publish the default will be viewed as libel and action taken accordingly

 

It might be worth calculating your ongoing losses as a result of this (higher interest rate etc) to let them know what this is costing you

Edited August 6, 2008 by 2Grumpy

[falcon185]

Hi and thanks 2Grumpy,

in the process of firing off a complaint to the Information Commissioners Office now so hopefully they will see whats going on and get them to stop processing and publishing incorrect data on my behalf and hopefully leading to the Default removal.

Edited August 6, 2008 by falcon185