Help with Credit Ref Agencies - Incorrect Details

[SilverLining]

Hi Everyone,

 

I am brand new here so please excuse if I make any mistakes such as incorrect tag etc... (been reading pages and pages and think this is one of the best sites i've ever spent a week reading!)

 

Ok, in a nutshell i'm having problems with Equifax who have linked me to a previous address which I never lived at - they seem to think it's up to me to prove to them it's a different person - not for them to prove to me that it is indeed me!

 

Basically, I have never had credit in my life. I only have a bank account. Thing is, I applied for something (O2) and got refused so I bought my Credit File from Experian & Equifax. Whilst there are other issues such as my refusal to supply details on Electoral Roll (I was one of the first to get a council tax demand on my 18th by a certain Iron Lady and as such refused to ever complete the voting proxy that gets sent out each year!) so I had to send I.D in to Equifax who then were happy to send me my file. I also joined their creditwitch thing at £15 per month.

 

So, I get my credit report and am horrified to see loads of stuff on there that simply shouldn't be there, in particular a link to a previous address which I have never lived at. I therefore wrote to Equifax who stated that I need to prove it is a different person - even though one of the defaults on this link has a different middle name to my own (the other details are the same such as name and date of birth weirdly enough!). I then get a text alert advising that items were removed so I log in and see everything was removed on 5.12.08 thus giving me an empty credit file, toatlly blank as it should be.

 

However yesterday I get another alert and everything is now on there again. Surely they can't simply delete it then re-add it again? I am talking about 30 accounts each owing money or settled but none of them are mine!

 

I am at my wits end - for clarity Experian do not have the same link, my report with them is totally blank as it should be - however they are refusing to send me my report now (as I have a free credit report pdf thing) without sending in more I.D which I only done at the end of Novemeber when they sent my original report!

 

Can someone please advise what I should do with regards to Equifax having this false info on my report, especially as they removed it then re-added it again! Regards to Experian i'm not too fussed as I know it is empty so it doesn't affect me!

 

In case anyone wants a free Experian report - here is the file - enjoy! Free Form.pdf

[PGH7447]

complain to the Information commisioner, also on your other thread when you said you are having problems, the reason most people come on here if for debt problems, and a lot of these problems start when they in all inncocence check their CRA report - CRA and DCA's are linked, in fact Experien has its fingers in so many DCA companies it is outrageous, so a simple request to see your file can lead to untold months and years of misery

[SilverLining]

complain to the Information commisioner, also on your other thread when you said you are having problems, the reason most people come on here if for debt problems, and a lot of these problems start when they in all inncocence check their CRA report - CRA and DCA's are linked, in fact Experien has its fingers in so many DCA companies it is outrageous, so a simple request to see your file can lead to untold months and years of misery

 

PGH

 

Thanks for info but on other posts people are saying not to complain to IC as they have huge backlog and tend to side with the CRA's....

 

Its specifically Equifax i'm struggling with - Experian haven't been 'too bad' to be honest but they are all a pain in the ass, granted!

[PGH7447]

They wont listen, as far as they are concerend they are right and you (although it is your information) are wrong

 

All you can do is send them letter after letter after letter followed up by phone calls in the end they may crumble

[SilverLining]

PGH

 

Thanks for help - so in a nutshell I have to live with a linked address that has nothing to do with me? Also, more to the point how can they screw up like that by incorrectly linking me to someone else - especially if i've never lived at said address? Surely they are breaking some sort of law?

[PGH7447]

They are, and no you dont have to live with it but you have to fight them, I would send them a sar this costs £10 and then demand ALL records from them not just their free report.

 

also state in the letter that any incorrect data is affecting your ability to get credit etc. and that their failure to remove this data is an offence and that you are prepared to take them to court

[SilverLining]

They are, and no you dont have to live with it but you have to fight them, I would send them a Subject Access Request this costs £10 and then demand ALL records from them not just their free report.

 

also state in the letter that any incorrect data is affecting your ability to get credit etc. and that their failure to remove this data is an offence and that you are prepared to take them to court

 

 

Thanks for details - don't suppose you have specific laws or acts that I could quote do you? I don't see why I should send off £30 (£10 to each CRA) to clear my name when i've not even done anything wrong!

 

On a separate issue, when I applied to O2 they actually performed 3 searches on the same day - is this allowed or am I fair to demand they remove two and leave one search, being I only applied for one mobile account?

 

Help is appreciated..... free beers via Paypal to anyone who helps me sort this - at least to the value of the SAR's i'd otherwise have to spend (£30)!

[spark1]

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Edited April 5, 2009 by spark1

[SilverLining]

The problem with these linked addresses is, when a company searches the person they are linked to, they will end up hooking into you, if you get what I mean. Ive just had approx 20 removed from my wifes file. One address caused the another 19 entries to appear. Its a long story and I have all different complaints going on with the Information Commissioners Office and the business who caused all the crap. Ask Equafix who caused/put the entry on your file.

 

Spark

 

Hi Spark,

 

Thanks for getting back to me.... basically the names of the linked address so happen to match those of mine and my wife! Therefore the CRA are saying no matter what I lived there! It's a catch 22 so I think the best course of action is to use SurlyBonds letter which in effect tells the CRA that I no longer wish for any automated process to be used against my details - this way they cannot hold anything against me.

 

Unless you have a better idea? Any help would be appreciated.....

 

Thanks

[spark1]

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Edited April 5, 2009 by spark1

[SilverLining]

Silver

 

Whats the name of the business/company who put the addresses on your file and are the addresses on both yours and your wifes file?

 

Spark

 

 

Hiya

 

The company I am led to believe is Halifax but the CRA will not say. Basically the CRA has my address, prev address and 2nd prev address but then a linked one suddenly appeared with loads of items.

 

I am wondering if it'd be easier to admit living there and demand that they send me a copy of the CCA signed application which when they can't, would surely mean it has to be erased? My only concern is the actual address link - I never lived there! Any idea how long the addy link stays on a file, is it 6yrs or forever?

 

It is possible and plausible to have 'doppelgangers' - my surname is Grant which is very popular! My wife will not get her file as she is scared to - especially with the hassle i've been having with the 3 CRA's.... I have been the victim of impersonation if that helps..... I have just joined Red24 who are meant to be the dogs in respect to security etc.... maybe a waste of dosh but anything will do right now...

 

Any advice?

Edited December 12, 2008 by SilverLining
typo

[spark1]

deleted

Edited April 5, 2009 by spark1

[SilverLining]

Silver

 

All the information on your credit file is supplied by others, all a CRA does is put it together. Whenever anyone asks a CRA to remove information the CRA 99% of the time always states they cannot remove information because its down to the company who supplied it to remove it. So if they wont tell you who put it there and you dont know who put it there, then I would sent a section 10 notice under the 1998 Data Protection Act demanding they erase/delete all incorrect information from your file. At the same time complain the Information Commissioners Office or take Equafix to court if they do not comply.

 

Spark

 

 

Spark

 

Whats a section 10 notice? I have actually went straight in with threats:

 

Copy of my email:

 

Thank you for your email. I have already advised you on numerous occasions that I did not reside at the linked address. May I remind you that you have to prove this fact & that these were my accounts, not the other way around – Magna Carta ring any bells?

 

My wife is indeed called Mrs Grant but I have already statedI WAS THE VICTIM OF IMPERSONATION / IDENTITY FRAUD, has it crossed your mind for one moment that someone may have attempted the same with her details or simply that there is a family with a man and child or woman and child with the same names?? Do you think an intelligent man like myself would simply send in a document that would implicate me if indeed I lived at this address? Electoral Register details are misused and incorrect – surely that is evident in my own situation whereby I do not usually send in the proxy form – legal or illegal it is my sole choice whether or not I do this.

 

I have since been advised by a very good Barrister in the specialist field of Data Protection and my letter is attached for you to action, within the specified timeframe. I’d love to see you argue with this letter – bear in mind it was compiled by one of London’s top Barristers and I think he does and will know about Data Protection Act laws than anyone at Equifax – please give me an excuse to sue you, I’d love the chance to show you us little people can and will beat you private companies that think you can baffle us with big words and utter nonsense (for example, it is law to keep items on file for 6 years – no it is not, it is an informal agreement between the 3 CRA’s which I’ll soon be fighting you over on a separate issue – it is not law – confirmed by the Information Commissioner!)

 

I’d also like to point out that almost 40 years ago there was a population of 80m in England & Wales which means on average there would have been over 200,000 born on the same day and it can just so happen that the odd person within these numbers share the same name – note my middle name is XXXXX and NOT John as was previously showing on my report. It therefore appears that I have been the unfortunate victim of an incorrect GAIN or HUNTER search which cannot be used as evidence against me nor my wife. Magna Carta keeps coming to mind!

 

I will follow with various Statutory Data Subject Notices to which you are fully aware must be acted upon once served to you, the first is attached (Equifax 12-12-2008) which is the main one – this will stop other people reading the slanderous information you have registered against me.

 

I note you refer me to the Information Commissioners Office which, unfortunately for you, I have already been in contact and had their response, thus you will find an influx of Statutory Data Subject Notices arriving in your email inbox over the next few weeks. It is not up to you to decide when an investigation has ceased but it is up to me, the Data Subject. For the record I am establishing what level of recompense I will seek when I sue Equifax for breaking the law, yes that is right, breaking the law!

 

Equifax are just as liable for the incorrect data being held and shared as your client. As I have made a complaint and made you aware of the inaccuracies you have a duty to investigate and correct the data. I am not prepared to waste time nor money conducting a CCA request to each of the lenders as I know they cannot provide me any details as it was not me whom made any application however as you are the data controller you have a duty to ensure that all records are accurate and do not cause distress to me. Please do not try and fob me off, it will not work. The moment I email you, this is legally binding as being received, your decision to refuse my read receipts has actually caused you more problems because now I assume everything has been received unless I get an out of office reply or a postmaster failure warning. Therefore all timescales will now commence from the time I click ‘send’.

 

Option 2:

Assuming I decided to admit I lived there, purely to be pedantic. You’ll still have to erase the data – as you are no longer permitted to hold such data on my file, being each one of the accounts has expired. Assuming I signed a contract with each of the lenders I would have only authorised / given my permission to log my account dealings whilst the contract was in place. If you read the wording of all the contracts it would clearly state that I "give permission for LENDER NAME to supply credit reference agencies with information relating to the conduct and payment history of my account." I would neither have agreed to, for any other purpose, nor did I agree for that clause to include the term "in perpetuity".

 

Additionally, the contract would also state that "this agreement may be cancelled by either party in writing". We have to assume that each of the contracts are now cancelled (and have been for some time according to the details shown on the report) and therefore they have no signed mandate or permission to instruct you to retain or store data on me.

 

Schedule I, Part 1 "The Principles" of the Act states, quite clearly in Clause 5:

 

"5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

 

You will remove the entire record or I will issue a Formal Notice on this matter. If you fail to comply with that Notice, then I will apply for an N1 County Court Order against you, which will result in you accruing Court fees and any other legal expenses and disbursements. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence when you are clearly holding data that is no longer relevant to the account(s), the account information provider or the data subject, and is being held after a contract has been terminated, by whatever means, whether by default or cancellation.

 

May I suggest you seek legal advice or progress this prior to responding with more incorrect information, all of which will help my cause to beat you in a civil court of law. I trust the above and attached is satisfactory and await your confirmation, within the statutory timeframe outlined, that my details will no longer be used electronically and that you have also taken steps to remove the incorrect linked address.

--------------------------------------------------------------

Thats pretty much the context of my reply, with of course the letter telling the CRA to remove me from automated systems (see below)

 

--------------------------------------------------------------

 

FAO Paula Cloney

Equifax PLC

PO Box 1140

Bradford

BD1 5US

 

12 December 2008

 

 

Dear Paula,

 

Ref: XXXXXXXXXXXXXXXXX

 

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

 

As you are no doubt aware, Schedule II, Section 12 (1) of the Data Protection Act allows all data subjects the right to insist on the removal of any and all data from automated processes in respect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand;

 

An individual is entitled at any time, by notice in writing to any data controller, to require the data 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, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites "credit worthiness" as one of those examples.

 

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

 

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

 

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

 

To that end, I look forward to receiving your confirmation by close of business on 23 December 2008.

 

Remember that the Data Protection Act 1998 is a Criminal Act of Law, meaning that offences committed under it are a breach of the criminal code, and can result in criminal convictions for the directors and executives of your organisation.

 

 

Yours Sincerely,

 

 

 

 

 

NB:

I reserve the right to revoke this temporary permission at any time, at my sole discretion, and will issue a further Statutory Notice to you if I wish to carry out such a revocation.

 

Any decision to temporarily allow automated process does not confer upon Equifax (or any of its directors, employees or agents) any express or implied rights, or permission, in respect of the future collation, storage and processing of my personal data.

 

Please ensure that you understand that any permission is purely of a temporary nature, and confirm this understanding by return, including your adherence to my terms. Any failure to confirm this in writing within seven working days will automatically attach the presumption that you understand these conditions and will adhere to them.

 

--------------------------------------------------------------

 

...... Any idea's as I reckon the CRA will try and fob me off....

 

Cheers

 

E

Edited December 13, 2008 by SilverLining
addition of info

[SilverLining]

Oh, on another note O2 have registered 3 searches for the same product and they state they will not remove two of these searches - is this legal? Surely one application = one search performed, not 3?

 

I did apply to O2 and got refused (even though Voda accepted me plus I have a HSBC Premier bank account and £250k mortgage!) so this search is correct but not 3 of them. For the record, Voda, HSBC and mortgage do not show on my file! Weird.....

 

Please advise

 

Thanks

Edited December 12, 2008 by SilverLining
addition of info

[spark1]

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Edited April 5, 2009 by spark1

[SilverLining]

By the way, see word attachment for an exact copy of my file - see what I mean about it being a bit of a mess - especially as I never lived at the address specified!!!

 

I guess this is how NOT to run a credit file and this is also why I cannot chase it myself, too much and also the risk they'll come looking for me even though it's not me (same name and date of birth though!)

 

Credit File_1a.doc

[SilverLining]

Silver

At the moment ive got complaints running against different businesses, beacause my wife is being hasrassed for money debts that have nothing to do with her. The person these DCAs are looking for, appears to have the same name and DOB as my wife, but its not ID fraud, its silly companies who can not trace thier customers, so they decide, theres one with similar details, lets pin the debt on them :grin:. These situations drag on, because you have to draw the CRAs out, exhaust thier complaints procedure. Me personally have no problems what so ever taking any of these CRAs / DCAs to court, because im know 100% im in the right. Heres a copy of the letter i sent to a CRA and they removed information from the wifes file, because they knew i was 100% right, but they pushed it to the limits until i sent the letter. It turned out i had no grounds for Defamation, but you might have.

 

Thanks for the letter - obviously having read my report you can see if I did sue the companies in question i'd be minted!!! There are loads and none are related to me either! NIGHTMARE!!!

 

I do like it and will send it tomorrow, even though i've already sent the letter above - i'll do yours as well (if thats ok?) then they'll know i'm actively dealing with things and can not be fobbed off....

 

Did it work for you, i.e did the CRA simply remove everything or did you have to go to court?

 

Cheers for your help - knew you'd be a star as you've been working with UK26-vs-Experian haven't you? LOL

 

OH, by the way - nothing of this is on Experian - only Equifax!! As for Ball Credit, i'm not fussed as they hold no stance in my opinion (amateurs trying to jump on the money bandwagon!)

Edited December 12, 2008 by SilverLining
typo

[spark1]

deleted

Edited April 5, 2009 by spark1

[SilverLining]

Silver

 

My wifes file showed all different addresses they reckon she had lived at and all diffrerent companies they reckon she had accounts with, the whole lot as been removed, one comapny caused it, because they reckon they mistraced their customer to her, biggest lot of bull ive heard, they thought they would just pin it on anyone so other companies would see and hassle her. It might be the case one company as caused all those linked addresses.

 

Spark1

 

Yea I know what you mean but this is all at one address - did you read my credit report in the word document? Interesting but as a neutral i'd say irresponsible lending as well - haha

 

I will send your letter (tailored to me of course) and see how I get on, this way they will have 3 to deal with Monday morning as my other two are shown above! Thus i'm requesting that they;

 

1. Remove all automated processes

2. Remove the linked address

or

if they don't remove the linked address, i'll admit to living there so they can try and squirm out of sending me the CCA reports or applications etc.... which obviously they can't... also most are settled so surely they should be removed anyway?

[spark1]

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Edited April 5, 2009 by spark1

[spark1]

deleted

Edited April 5, 2009 by spark1

[SilverLining]

Spark

 

Excellent info - thanks so much....

 

I'll send the letter and the link 'Libel' and see what they come up with next! It does appear that Equifax are somewhat different to Experian in that they were the second CRA to be formed and therefore probably do not follow the same rules......

 

I dunno but the response I got stated things like 'i've closed this file now because i'm satisfied you are the same person' and 'speak to ICO - not us' to name a couple!

 

Absolutely disgraceful..... do you happen to have a link to the other sparky cos i'm new and can't search yet (unsure how to).... sorry, not being lazy but trying my best

 

Thanks again - i'll update post when/if anything changes but in meantime appreciate your help.

 

What do you suggest with regards to 3 searches being done on same day/date/time by O2, is it up to me to get them to remove two of them or can they have 3 searches and can Equifax deal for me?

 

Cheers

[spark1]

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Edited April 5, 2009 by spark1

[SilverLining]

Silver

 

about the 3 searches, you gave 02 consent to search? i wouldnt worried about them for the minute, heres a good read, sparkie1723 has some posts amongst this thread http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/148780-experian-final-battle-commences.html

 

if they have shut their correspodence with you, then go straight the ICO or court.

 

Spark1

 

Hiya again

 

I authorised them to conduct one search when I made application - not 3 (any reason they'd perform 3 searches?)

 

They say they've closed correspondence but as my first letter states, i'll be the judge of that - not them! I don't care what Mrs Equifax says, i'm quoting law (if there is something to be challenged they cannot cease communication)....

 

Cheers

[SilverLining]

Hi,

Requested CRA from Experian and sent them I.D in November which they confirmed receipt of (Passport and utility bill). They write back stating this:

 

Thank you for your email, which we received on 13 December 2008.

 

I can inform you that it is certainly not our intention to prohibit any individual from obtaining a copy of their report but equally we must safeguard the information we hold from being procured by unauthorised persons. This is why we have stringent security measures in place to validate each report applicant we deal with.

 

If we are unable to identify an applicant at their present address, Section 7(3) of the Data Protection Act 1998 permits us to request further documentation from the applicant to confirm their identity and place of residency. Under this legislation we are permitted to request whatever documentation we feel is necessary to verify these details. The relevant section of the Data Protection Act 1998 is quoted below for your reference:

 

"A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks."

 

Together with the provisions of the Data Protection Act we are also following industry standards of the Financial Services Authority "Know Your Customer" policy by asking individuals to send us the specific additional documents.

 

I assure you that the Information Commissioner, who regulates the Data Protection Act 1998, is satisfied that we are acting within our rights to request documentation to supplement a credit report application.

 

Consequently, until such time that you provide us with this documentation, your request does not constitute a completed application so we are therefore not obliged to supply you with the information we hold about you.

 

I understand that you have requested a copy of all the information Experian holds in your name. This is known as a Data Subject Access Request (DSAR). This information must be applied for in writing. When making your application please include the following information with your request; your full name, address details for the last six years and your date of birth. We will also require a fee of £10. A DSAR will provide you with all of the information Experian (as a business) may hold including your credit report. We are given 40 days upon receipt of your application to provide you with the relevant information.

 

Kind regards

 

Miss Rowena S A Togni

Consultant Consumer Service Officer

CreditExpert

 

Can anyone help - are they correct in what they are saying or do they have to issue a statutory report? I sent a letter from my council with my passport advising I am not on Electoral Register and the reasons why (I think the whole thing is garbage lol) - so they have the I.D requested!!!

 

Please help

Edited December 15, 2008 by SilverLining