Experian response HELP PLEASE

[hme.4x4]

I have recieved another response from Experian today..... Bear in mind that my email was to query why they have these defaults registered on my file when Equifax have removed to two Mint defaults and have the Lowell account marked as 'settled'

 

I note your comments and refer you to my previous correspondence on this matter.

 

It is important to remember that failure to comply with a request made under Section 77 or 78 of the Consumer Credit Act 1974 does not mean the debt never existed. It only renders the debt unenforceable until such time as the creditor is able to comply with your request.

 

As far as the information held by a credit reference agency is concerned, this only shows the conduct of an account in relation to the original terms and conditions. Providing details of how the account has been conducted would not be considered enforcement action under the Consumer Credit Act 1974. This is because by supplying us with the information, the company is not attempting to actually reclaim any money or goods they believe are outstanding.

 

It is also considered to be in the legitimate interests of other creditors for this information to be shared so they are aware of your conduct of any previous credit agreements you held. This duty is qualified under the Tournier principles (Tournier v National Provincial and Union Bank of England (1924)).

 

If you are in dispute with a company over the provision of paperwork this is between you and them and does not necessarily imply that the information they are supplying to us is inaccurate.

 

All of the companies you have mentioned have confirmed to us the information they are supplying is correct and that the entries are to remain on your report. The additional comments provided by some of the companies are listed below:

 

Mint: All relevant documents and our responses have been sent to hme regarding this matter.

 

M & S Financial Services: Checked with CCA rep & investigation done & does hold this account with us so our details are correct.

Cca received was unenforceable

Wescot: We have contacted to advise we are currently unable to provide a copy of the agreement and we have closed the account. However, we have also advised her that we reserve the right to re open the account if the agreement is received.hme has previously made payments for the account.

They have closed the account because they have no agreement yet still claim they can register defaults?

Lowell: Please see extract below which clarifies our position in this matter: We accept that the debt may be unenforceable at this time in view that the Capital One has been unable to date to supply us with a copy your executed credit agreement in accordance with your request under Section 78 of the Consumer Credit Act 1974. However we do not believe from your correspondence and the information from Capital One that the default entry which you have requested to be removed from your credit file is inaccurate and in breach of the principles of the Data Protection 1998. From the point of purchase of the debt from Capital One our above client has become the data controller as defined by the Data Protection Act in respect of this matter in place of Capital One from whom the entry originated. In view of the above and in the absence of any further information we believe that the default entry on your credit file accurately reflects the nature in which you conducted your account with Capital One and should not be removed from your file.

They have no agreement and have marked the account on Equifax as 'settled'

You have advised that 2 of the companies have not produced 'valid' agreements. I would ask that you please clarify which authority has made the decision that these agreements are not valid.

 

If you have any further queries, please feel free to contact me directly either by e-mail at lee.hancock@uk.experian.com, by telephone on 0115 8286485 or by writing to me at the following address:

 

Directors' Office, Experian, PO Box 8000, Nottingham, NG80 7WF

 

Yours sincerely

 

 

 

 

Mr L J Hancock

Consumer Compliance Executive

Directors' Office

 

 

 

 

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[postggj]

all depends if you addmitted the debt

 

fire this back at experian and let us know there answer

 

 

as they have no cca, they do not have my written permission to transmit my data to any out side organisation

[hme.4x4]

Thanks postggj, I have written to Experian again and challenged them on the processing of my personal data.

Surely when Lowell and Wescot have admitted they don't have the CCA's and the others haven't even bothered to reply, the processing of my information cannot be justified?

I have requested Experian forward copies of my written authority to do this and will be interested in their reply.

[IIIUMINATI]

Question ?

 

You have advised that 2 of the companies have not produced 'valid' agreements. I would ask that you please clarify which authority has made the decision that these agreements are not valid.

 

What agreements (these) how can an authority or any one make a decision about something that does not exist apart from the fact that it

does not exist.

Am I getting confused ?