Thames credit stopping me getting a mortgage

[dan.b]

Hi all,

 

Myself and my partner are looking at securing a mortgage believing ourselves to have mostly good credit and having saved a deposit - only to find a default placed by 'Thames Credit'. I received several phone calls and letters purporting to be collecting on an old debt to Barclays / Barclaycard.

 

Until very recently I've never even had a Barclays account so this was a mystery to me. I called them a few times and was only told that I could make an offer of payment to stop them calling me, I kept telling them it was not my debt, even after requesting a signed agreement, they kept repeating the same pay up mantra.

 

I've received numerous letters since then, and a default on my credit file for £1,600!

 

I contacted Equifax to resolve the query, but was told that Thames are stating the record is correct (I asked them to request a signed credit agreement but they have not) and that they will not amend it without their permission - & to give them a call to discuss payment terms.(!!!) They are supposed to be on my side helping me investigate, or so I thought.

 

Anyway, I requested a signed copy of the agreement using a template letter and it's been over a week and have had no reply. On calling them the agent said that as they are not the owner of the debt they have no obligation to provide those details and the only way to get the record off my file was to pay them.

 

I've now contacted the ombudsman, a very helpfull person there has pre-filled and sent me a complaint form which I am in the process of signing/returning.

 

My question is this: I am trying to apply for a mortgage and this is making it impossible - noone will go near me with this default. What is the quickest way to get this dealt with - is it possible to take this to the county courts?

 

Thanks in advance for any help or advice!

[dan.b]

Oh another quick question - does Equifax have a duty of care to investigate, or are they free to just pass the buck like this.

 

Here is their reply to me:

 

Dear Daniel

 

Thank you for your recent enquiry.

 

 

The company has investigated your query and have requested that you contact them directly using the details below. This information will remain unchanged on your credit report. .

 

The note previously added, stating that your information was in dispute has now been removed.

 

Please call 0800 0280773 quoting reference number --------.

 

This information is supplied by the company and we are unable to amend it without their permission. We suggest that you contact the company directly if you need further information.

 

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

 

We hope the above details are of assistance to you.

 

Equifax Customer Services

 

and my response

 

I'm sorry but this is not acceptable.

 

I have engaged the company in question several times, surely they can either provide the proof or not, and if not, I deserve to have this information removed. I have been asked before to contact them and all I receive is an 'offer of payment'

 

If equifax refuse to help, they will be included in the complaint to the Financial Ombudsman (currently in progress) and the Information Commisionners Office. I am also in the process of launching a small claims case. As a holder of credit records you have a duty of care to ensure that those records remain accurate and to investigate them if they are not - disowning the issue and passing the buck will not cut it this time.

 

Please confirm how you wish to proceed so I can continue with my legal action as appropriate, involving equifax if necessary. If this is the level of service I am receiving as a paying customer worried about my credit rating whilst looking for a mortgage, I will be cancelling within the month.

[42man]

Have a read of these links - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[42man]

Send them a letter headed LETTER BEFORE ACTION and give them 7 days to remove the adverse information !!!

[dan.b]

Hi 42man,

 

Where can I find a 'letter before action' template, or is it just a generic letter I'd create myself. I've searched on the forums but can't find anything.

 

Also, if I have to go down the small claims option, can I bill them for all the time this has taken me?

(Would just be happy to get the marker removed though to be honest!)

 

Cheers & sorry if I'm wasting your time!

[42man]

You'd have to write one of your own....but some pointers here -

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/168133-what-can-i-do.html#post1812450

 

Another thread here too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161066-default-removal-can-happen.html