CRA's and previous addresses

[Jamesx81x]

If Lowell are now the legal owners it is there right to add the default but it must be the original date of default. All they are doing is purchasing the account.

[craigers]

If Lowell are now the legal owners it is there right to add the default

 

but only if lowell and natwest have come to an agreement over who is responsible for updating credit files. if lowell have taken responsibility then they must either take over the natwest entry, or add their own and natwest remove theirs.

[Jamesx81x]

Thats irrelevant.

 

Who ever is the current legal owner is responsible for updating credit files simple as that.

[craigers]

its not irrelevant. its in the ico technical guidance for filing defaults. natwest can keep their default. if they do then lowell should not enter a second default, but they will cos they are a shower of pooh.

 

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

 

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

 

54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.

[247orbital]

So what do I do write to Natwest as it seems they have sold the account to Lowells or write to Lowells to see if they legaly do have the write to register the information as owners of the debt?

Do I have any ground here for compensation? Or do I have to ask them to remove the information first?

[craigers]

trouble is, if you write to natwest, then you may technically be acknowledging the debt, thus resetting the sb clock.

 

do you have any other grounds to dispute the default?

[247orbital]

I'll SAR Natwest just to double check the SB date and to check if the account has been sold to Lowell. I'm under the impression that a SAR is not an admission of any alleged debt so it won't re-start the SB clock.

[craigers]

i would dispute it with equifax too. i've found them quite good at disputes like this. they've removed two defaults for me, although only after they contacted both lowell and the ocs and they failed to respond within 28 days.

 

how about unlawful charges/enforceability issues?

[247orbital]

theres a lot of charges well over half the debt but after OFT case think its dead in the water for that.

Equifax/Experian told me that if they failed to respond they would remove the default but if they replied any time after that they would reinstate the listing.

[craigers]

i presume its a current account?

[247orbital]

yes a current account.

[247orbital]

Off goes a SAR

[247orbital]

I wrote to Experian quite some time ago regarding incorrect addresses and listings on my credit files. To date I have received not even a confirmation that they received my letter (which has been confirmed as delivered)

Has any one had any dealings with Experian and what are they like to deal with?

 

I have also written to Equifax over similar issues and they have been excellent so far in removal of addresses and incorrect information.

[247orbital]

bump

[fergal71]

Hi I would try the online system, you will need up to date credit file to reference to... they usually take approx 2 weeks to respond in full....

 

good luck

[247orbital]

I'm not using the online system I'm writing to them, emails can easily get deleted or denied even being received. I have an up to date credit file.

 

I have just drafted another letter to Experian informing them that the 28 days is up (17th March) and they have a further 7 days to address my concerns or a letter before action will be sent then straight to court for compensation and removal of the data. I actually gave them 28 working days not calender days and I've not even had a letter confirming an enquiry/investigation into my concerns.

[247orbital]

Equifax have to date removed an incorrectly linked address, a listing for an mobile phone provider I knew nothing about, even the name was different. Today they have confirmed another disputed mobile phone debt which was passed/sold to Lowell as removed.

However they also informed me that Lowell only need to ask for the information to be re-submitted and they will do so, without any proof of ownership of the alleged debt.

[247orbital]

I know a SAR gives the OC 40 calendar days in order to respond. But do calendar days apply to CCA requests and CRA's when they contact DCA's OC over disputed debts etc?

[angry cat]

The timescale allowed for a CCA request to be complied with is;

12 working days plus 2 days allowed for the request to be deemed served

[247orbital]

Had it confirmed today that all the incorrectly linked addresses have been removed by Experian and a letter was posted yesterday confirming this.

 

Stage two now, removing a default for a mobile phone I know nothing about. Equifax have already removed the listing as its not even in my name.

 

Out of the two CRA's Equifax seem more informative, if they change/remove anything on your credit file they write to you informing you of it and provide you with an up to date credit report reflecting this. Experian only confirm the removal/correction to your credit file and seem slower in response and less helpful.

 

Stage three is taking on the likes of HFO, Lowell and possibly Cabot for incorrect default dates, they have entered there own at the time of assignment I think. First I need SAR's to confirm SB dates and OC default dates.

[247orbital]

Can a CRA/DCA still be allowed to search/list your data on CR files after a debt has fallen off your CF?

[rebel11]

Hi 247

 

It might be an idea to contact ICO on that.

 

http://www.ico.gov.uk/

[247orbital]

Can anyone direct me to the link for the ICO guidelines for filling defaults with CRA's please?

[cerberusalert]

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

[247orbital]

thank you very much.