VICTORY (AT LAST) AGAINST THE CRA's!!! Oh, how sweet it tastes!

[Tinkerbelle]

Agreed

 

In my case I know that SB understands this stuff easily whereas I am struggling to cope with it. I will get there but Idon't have the instant insight that SB has.

 

So was I until I printed off all his posts, the relevant sections of the DPA and the CCA and made myself a paper carpet, which then got decorated with yellow post it notes and highlighters

 

I am still geting there, but my paper carpet certainly helped

[ffocus]

If you've interpreted my previous tongue-in-cheek posts to mean that I'd like to see the return of anarchy and down with the whole of the financial infrastructure brought begging to its knees, then you really have got the wrong end of the log. Sorry to have disappointed you.

 

Damn!!!! and I thought we were in for a real ride here!!!

 

Thanks for youre last post. Everything is clear now.

[SurlyBonds]

 

My credit file doesn't contain anything more untoward than a couple of 1 and 2 markers over the recent past. All I'm trying to do is to get the CRA's to remove my data from the automated processes.

 

If that's all you have, then believe me, you have absolutely NO problem with your file. 1s and no more than 2x2s would not make a major difference through most of the lender's algos that I know. It's even worth talking nicely to those involved, explain why the missed payments happened and try asking for them to be rectified. Certainly if any of these lenders mess you up, you can use it as a very powerful bargaining chip.

 

You can obviously get any old historic accounts removed, providing you gave no long term rights in your contract.

 

But, it has now gone midnight... I've run up my fifteenth consecutive hour...and I really am off to bed.

 

Send me a PM with your number, and I will try and discuss what you are trying to achieve, and suggested ways forward, or I am going to be replying to this thread for the next six years.... no pun intended.

[mackie68]

hi,

im new to this thread, spent all my time recently chasing banks for repayment of charges, but i read with interest, i think, that

i can get a "settled" default removed from my credit file,

 

am i correct in this thinking, and how do i begin this process,

 

i have 4 defaults, all settled from between 2 and 4 years ago with companies who's accounts i no longer have, i also have a ccj, settled, from 5 years ago.

[jamesbond]

What am I seeking sb? In the words of Marcus aurelius antonius “I seek the truth”

 

The issues I raise are not about debt dodging or bringing about the downfall of the financial institutions, more about protecting myself and my children’s future against the global greed of these large institutions and their powers to ruin lives at the push of a button.

 

I am appalled at some of the cases on this site and the way they have been treated, and feel sorrow and anger at the thought of the stress and destruction good families have been subjected to, in many cases leaving behind a trail of divorce separation and complicated illnesses as a direct result of those actions.

 

I detest the way in which these institutions hide away behind a cloak of mystery and untruths and the way you are prevented by a mirage of corridors from getting to the door you really need to enter to get an answer that is lawfully yours for the taking, but unfortunately its more like trying to gain access to a Victorian gentleman’s club in Mayfair.

 

In this day and age we should not be subjected to loans and credit cards which in some cases amount to nothing more than piracy, and the wheels of justice should be far more on the side of the consumer to limit the interest charges and terms lawfully applied to these products and to contain the collection of these delinquent loans to a properly organised body that would have to operate within specific guidelines laid out by a court and given the powers to cease interest and grant payment breaks to assist the borrower to overcome his difficulties and return him to a solid standing financially upon which to continue to repay the debt.

 

The judicial system in this country is nothing more than a dinosaur and sadly not everyone can come to terms with the scenario it portrays.

unfortunately many people feel uncomfortable in this environment in to which you have to enter, given limited resources to defend your rights, using terms you are totally unfamiliar with in your normal everyday life, which I fear gives cause for the more powerful bodies to bury our lawful rights even deeper, purely as a result of a system in place to defend our rights which is generally unapproachable by the layman.

 

This is just the beginning of the data revolution, and I for one am here to ensure that when these companies hold in the very near future every morsel or titbit of information about you and your family on your id card and implement every other data gathering item put into our lives from your mobile phone to your skybox, that if someone does try to push that button, I and my children after me will have the lawful power to prevent that machinery from burying us all, without redress.

 

That’s my agenda sb

 

007

[andrew1]

Interesting James, you have a soul.

 

From SurlyBonds post on previous page from the email he received from the Director:

 

"We have a legal right to hold information about people that is already in the public domain (e.g. CCJs, IVAs, etc). Other information is collected and supplied under cover of the Data Protection Act 1998 Schedule 2.1 which says that the data subject should have given their consent. This will be collected by your lender or supplier when you apply for a product. A section on the application form will typically direct you to a section on the use of your personal data and will state that "by proceeding you are agreeing to your information being used in this way"."

 

The claims that the CRA's make about their 'consent to processing our data' is being given to them by us via the lender when we sign our contract, I still don't see how that is allowed under the Data Protection Act. any veiws?

 

From Karnevil:

 

"Also the CRAs dont make decisions on lending - they give the info to the companies who you want credit with and they all have their own criteria as to what kind of risk they want to take with you."

 

I believe that to be true although with the 'assistance' of the cra's they are forming an opinion.

 

 

I also believed in the Default Hell thread that Surlybonds was hell bent of destroying the Credit referencing industry and I, like a number of others have relished the thought of putting them in their place whilst cautiously wondering what might happen with our ability to get credit if we removed altogether the info held.

 

I am glad he has cleared the air over his intentions too. I said before that I thought he was out to kill the industry and now he has made a few sit up and reflect again like me and I thank him for the incredible work he has done. I hope his achievments thus far make the industry change their ways, but i fear they will just rearrange their terminolgy in the contracts as shown here on this thread already and carry on as before because the masses dont read what they sign up to ( and I say that with respect for those who actually do read them) and most don't really understand what it implies between the lines, they 'trust' them to be lawful and don't know that they can change them.

 

JamesBond mentions here that the widespread misery caused to families is awful and it is I believe not least caused by the difficulty in not being able to use products available to all those with so called 'low risk' at extremely reduced interest rates. I had a bad few years where my buisness collapsed, my health suffered and my credit rating went to hell after years and years of good finances. To get out of trouble I have paid dearly at phenomenally higher interest rates than the high street to pull myself back and it takes forever at these rates to do it. The CRA's are actually making it more difficult for those trying to get out of trouble so I can see the benefits of trying to hide past anomilies. As long as the system is not abused too much I can't see why we should be so penalised. My past few years bears no resemblance to the 20 yrs history I had before it all went wrong.

 

Just like the banks there will be a long period of denial and standard letters trotting out explaining why they still have the rights to sell our info all over the shop and why it's all in the Terms and conditions. We have to fight for everything.

 

Once upon a time I said getting things like a telephone deal was like taking out a pension it became so complicated with all the tarrifs...well now getting a pension is a doddle by comparison to all this palarva. Onwards and Upwards....

[ffocus]

Last two posts... The viewpoint from the majority. If only they knew... Education is key - If everyone is told aout this site everyone could save themselves...

 

My argument is that if we have all taken it to the stages we are getting to now. Why not carry on with the intention of a more simpler life. In 20 yesr life is going to be so complicated... I wander how many lost hours goes on fighting bills etc. 60mil people x 1 hour per day... GDP of a small country???

 

The majority of adult uk citizins will not follow course from this site. They wil plod on and accept the contracts shown in front of their faces.

 

The last two posts are a great insight into the publics heart, showing their frustrations towards todays system.

[Number6]

If that's all you have, then believe me, you have absolutely NO problem with your file. 1s and no more than 2x2s would not make a major difference through most of the lender's algos that I know. It's even worth talking nicely to those involved, explain why the missed payments happened and try asking for them to be rectified. Certainly if any of these lenders mess you up, you can use it as a very powerful bargaining chip.

 

You can obviously get any old historic accounts removed, providing you gave no long term rights in your contract.

 

But, it has now gone midnight... I've run up my fifteenth consecutive hour...and I really am off to bed.

 

Send me a PM with your number, and I will try and discuss what you are trying to achieve, and suggested ways forward, or I am going to be replying to this thread for the next six years.... no pun intended.

 

Just dashing out for the day... but briefly:

 

I simply dislike the automated processing and decision taking procedure so all that I'm trying to do is to get the bloomin' CRA's to capitulate under Data Protection Act 1998 s12(1). That's all. I want my data out of the automated routines. There's nothing in my file that I want removed, I just want any automated search to be stonewalled just as you have done SB.

 

The CRA's are adamant that they will not remove my data from their automated processes because they say they do not form part of the decision making process. So I'll take them to court if necessary. I just want some help in formulating a Particulars of Claim.

 

BTW, what's everyone's opinions on identity theft and the role of credit files and reports? It's becoming a hot topic in the USA. Several US states now give residents the right to "freeze" their credit reports in order to prevent identity theft:

 

A credit freeze goes a step further. With a credit freeze, no one can open any form of credit in your name. Your credit file is off limits to potential lenders, insurers and even potential employers. Here's how it works.

 

When you apply for a loan, credit card or cell phone, the company issuing credit contacts one of the three credit reporting agencies and requests to see your credit file. If you have a freeze on your account, the company will be told that it cannot see your credit file because your account is frozen. At this point, most companies would not allow the loan, issue the credit card or activate the cell phone.

 

But this does not mean that you won't be able to get credit for yourself or allow potential employers to run a background check. The three credit bureaus assign a personal identification number for you when you freeze your report. Using this PIN, you can lift the freeze when necessary.

 

With a credit lock-down, a criminal can have your name, birthday and Social Security number -- but it won't matter. No credit will be issued.

 

How it's done

To lock down a credit report, consumers must contact each of the three credit reporting agencies. For the majority of states, there is no cost if you are a victim of identity theft, as long as you have a report from either the police or law enforcement agency. California residents who are not identity theft victims must pay $10 to freeze each credit report, or a total of $30 to freeze their files at the three credit bureaus.

 

This is one of the reasons why I want to be able to remove my report from the domain of automatic searches.

[chrismc]

Well done SB on a great deal of donkey work that you have trudged through so that others may benefit.

[chrismc]

SB

 

I have a question, you stated above

CJJs won't get removed unless the lender is in an exceptionally good mood, so don;t even try...as it's public data.

I had a CCJ applied by the Inland Revenue around 3 years ago, I paid the debt in FULL and a couple of months ago I wrote to the IR and asked them if they would allow the CCJ to be removed. I actually got quite a nice letter back stating they were happy I received a 'Satisfaction Notice' and they would have no problems with the CCJ being removed from my credit file. (I cannot remember the exact wording and I am not at home where the paperwork is)

 

I then wrote to Experian/Equifax whichever agency it was enclosing a copy of the IR letter and they said it would stay on my file for 6 years and they could not remove it etc etc I did consider 'set aside' but my question is, how did you get it removed from the credit file? because in other posts you state a CCJ being a court order cannot be removed??

 

Thanks for your help

Chris

[Guest Alison82]

SurlyBonds!! You are a true inspiration, well done and thanks for all of your useful advice!!

[SurlyBonds]

What am I seeking sb? In the words of Marcus aurelius antonius “I seek the truth”

 

The issues I raise are not about debt dodging or bringing about the downfall of the financial institutions, more about protecting myself and my children’s future against the global greed of these large institutions and their powers to ruin lives at the push of a button.

 

I am appalled at some of the cases on this site and the way they have been treated, and feel sorrow and anger at the thought of the stress and destruction good families have been subjected to, in many cases leaving behind a trail of divorce separation and complicated illnesses as a direct result of those actions.

 

I detest the way in which these institutions hide away behind a cloak of mystery and untruths and the way you are prevented by a mirage of corridors from getting to the door you really need to enter to get an answer that is lawfully yours for the taking, but unfortunately its more like trying to gain access to a Victorian gentleman’s club in Mayfair.

 

In this day and age we should not be subjected to loans and credit cards which in some cases amount to nothing more than piracy, and the wheels of justice should be far more on the side of the consumer to limit the interest charges and terms lawfully applied to these products and to contain the collection of these delinquent loans to a properly organised body that would have to operate within specific guidelines laid out by a court and given the powers to cease interest and grant payment breaks to assist the borrower to overcome his difficulties and return him to a solid standing financially upon which to continue to repay the debt.

 

The judicial system in this country is nothing more than a dinosaur and sadly not everyone can come to terms with the scenario it portrays.

unfortunately many people feel uncomfortable in this environment in to which you have to enter, given limited resources to defend your rights, using terms you are totally unfamiliar with in your normal everyday life, which I fear gives cause for the more powerful bodies to bury our lawful rights even deeper, purely as a result of a system in place to defend our rights which is generally unapproachable by the layman.

 

This is just the beginning of the data revolution, and I for one am here to ensure that when these companies hold in the very near future every morsel or titbit of information about you and your family on your id card and implement every other data gathering item put into our lives from your mobile phone to your skybox, that if someone does try to push that button, I and my children after me will have the lawful power to prevent that machinery from burying us all, without redress.

 

That’s my agenda sb

 

007

 

Well Mr Bond, I think that (generally) me and you are in agreement... I hate corruption (espeically in public office - guess I'm onto a dead horse on that one!), bullying and the endemic attitude of the big corporations that they somehow think they have more rights than me.

 

I vehemently dislike the CRAs with a passion not because of what they were setup to do, but more to do with what they have turned out to be... a money-grabbing know-it-all cesspit with no morals, ethics, or understanding of the real World... see my earlier posting to their Milky Bar Kid office junior at http://www.consumeractiongroup.co.uk/forum/legalities/28604-experian-use-potentially-misleading.html#post223084

 

However, I do believe that change will force these things to start redressing the balance... it may sound a little like some wishful thinking of good v. evil, but if you look at what advancements have occured in civil rights in the last 200 years, then I think you'll agree that things do generally change for the better. However, my main worry at the moment is that since this latest liberalist namby-pamby Govt. came into power, then more and more corporations have successfully lobbied for very unfair and unequitable advantage. It is all down to money and the celebrity-worship culture that we live in...

 

In all, I genuinely think that this country has somewhat lost its way, and that sleaze and corruption are so endemic, that people have given up the fight - they just don't care anymore - just look at the voting levels. However, every now and then, things like this site pop up and catalyse one firkin big fight-back that takes these Muppets by surprise, and they suddenly realise that they had better shape up.

 

I firmly believe that a persistent, annoying campaign that refuses to lie down will eventually create some changes in this whole financial industry, but that will only happen if enough people take up their rights and start exercising them.

 

Those companies will then start having to realise that they are going to have to run their organisations from a slightly different angle, with more emphasise on RESPECTING the customer and affording them the courtesies that they are entitled to.

 

It is a bit like redressing the balance of the scales... at the moment, and I can't work out how, it's almost like they are doing US a favour by serving us... how this ever came about I don't know, but it certainly has changed over the last 10-15 years.

 

And if those companies refuse to move forward and redress the balance, then trends and new companies prepared to come up with customer first ethics will win... it's a damn competitive market out there, and it's very easy to get set-up and start winning lots of custom... just look at Amazon, Scottish Power, etc. two companies in particular who are often noted for sticking up for the customer, especially with Amazon when it comes to their market traders. eBay have lost the plot which is why they are losing thousands of customers and they and their subsidiary PayPal are facing complaints by the truckload.

 

And the same will happen to the banks...and the CRAs... at the moment anyone reputable can setup a CRA and if they ran it properly and honestly, they would wipe the floor with ExpeFaxCall. I might even start.. hee hee.

 

However, we will not win this fight by resorting to their level of immoral tactics... we just want what is right,and nothing more. And that is why we must remain whiter then white in our dealings with them and ensure that we don't jeopardise any future political shift that is the long term aim of this campaign.

 

Gandhi and the World's largest democracy stuffed it to the former Empire and broke the back of the full military and economic might, but not once did MG ever advocate sinking to the same level. He did everthing as lawful protest only, and he never once condoned violence, no matter what horrors were inflicted... even Amritsar.

 

The CRAs will, I believe, change...they will have to, becuase there is now too much going on in this country in relation to people getting fed up with this apathy. It has recently happened in a big way in New Zealand with a huge swing back to basics, morality and redressing the balance in favour of the people, and it will, God willing, replicate here.

 

150 years ago, we were still sending kids up chimneys to choke to death on soot...and that was legal...

100 years ago, woman couldn't even vote for the 'Mother of all Parliaments'...

50 years ago, blacks in the US couldn't even use the same washroom as whites...

25 years ago, companies could do WTF they liked with your data...

 

Let's just take one thing at a time and build on solid foundations, before we start petitioning for total secrecy laws...

[ffocus]

150 years ago, we were still sending kids up chimneys to choke to death on soot...and that was legal...

100 years ago, woman couldn't even vote for the 'Mother of all Parliaments'...

50 years ago, blacks in the US couldn't even use the same washroom as whites...

25 years ago, companies could do WTF they liked with your data...

 

Let's just take one thing at a time and build on solid foundations, before we start petitioning for total secrecy laws...

 

I see we are still keeping it real. Goodstuff.

 

SB, could you have a read through and let me know what you think of this response I've had back from vodafone. (dont mean to highjack)

[SurlyBonds]

SB

 

I have a question, you stated above

 

I had a CCJ applied by the Inland Revenue around 3 years ago, I paid the debt in FULL and a couple of months ago I wrote to the IR and asked them if they would allow the CCJ to be removed. I actually got quite a nice letter back stating they were happy I received a 'Satisfaction Notice' and they would have no problems with the CCJ being removed from my credit file. (I cannot remember the exact wording and I am not at home where the paperwork is)

 

I then wrote to Experian/Equifax whichever agency it was enclosing a copy of the IR letter and they said it would stay on my file for 6 years and they could not remove it etc etc I did consider 'set aside' but my question is, how did you get it removed from the credit file? because in other posts you state a CCJ being a court order cannot be removed??

 

Thanks for your help

Chris

 

They are digging themselves into a very large hole...oh goody, can I come a watch???

 

Basically, if the Inland Revenue (the original Claimant) has agreed to its removal in a letter, you can go through the Court process yourself...

 

or you could POLITELY ask the IR to do it for you by them requesting for it to be set aside and removed from the register through a General Form of Judgement or application to set aside a judgment.

 

Offer to pay their Court fee which is about £30 (I think? - I'll have to look that one up) and remember to THANK THEM for their assistance. After all, if they receive one good piece of feedback, others might also be lucky.

 

It is a little quicker if the IR do it, otherwise the Court will have to write to them again, on the basis of your application, and will ask the IR if they wish to contest your application. They shouldn't do, if they have sent you a prior letter agreeing to its removal.

 

If you explain that's it's quicker for them to apply to the Court for the set aside order (they should knwo this anyway) and PAY their fee for doing so, then they probaly might.. you could even fill out the court form include a cheque and send it to the IR for signing and forwarding on. Just an idea...

 

Either way, once that process has run the course, you should get a judgment from the Court saying something along the lines of:

"It is ordered that the Judgment (No.xxxxx) dated dd/mm/ccyy entered against XYZ for £x be set aside, there being no objection from the Claimant." or very similar.

 

That will then be de-registered from the Register of County Court records, and the Muppets at the CRAs then HAVE TO remove it from your file. Or, quicker, still, send them a notarised copy directly and give them 7 days to JFDI.

 

By the way, if the CRAs try arguing the toss, then they are in VERY deep water...

 

to fail to act upon the directions of a judge is an obstruction of justice and putting yourself in Contempt of Court (a criminal offence), and you can be banged up in the nick if a judge has had a ****ty day.

 

Believe me, this does work and the CRAs Muppets are talking the typical don't-really-know-but-I'll-try-making-up-an-answer bulls**t.

 

I have done exactly this process for someone who had a CCJ registered against them by a utility company.

 

We initially had EXACTLY the same response from Equifax, until I sent them a letter (cc'd to the judge in the case) inviting them to explain to the judge why they were rejecting his official judgement and should I apply for a Contempt of Court Order against them

 

...it's even funnier when you phone them and ask the actual Muppet from the CRA who sent the letter and ask them if (s)he would like to be the named "obstructor of justice" on the Court application or would they like to nominate their line manager...

 

and then stay very silent whilst they slowly fill their undergarments... and listen to them sob quietly.

 

"There, there, Equifax, we know you can't help it...you're all uneducated idiots... we know it's not your fault...now don't cry...come on, be a big grown up boy now... they don't really drop the soap in the shower and order you to pick it up...that's just a nasty-wasty rumour."

[jamesbond]

Thanks for that sb, believe me we are on the same conquest. Re Andrews note about me having a soul, yes I do and being a senior nurse in a major city hospital I am subjected daily to the loss of life and the devastating consequences it brings. It is only when you are subjected to this are you truly able to see the big picture of how little monetary matters mean , and the onus placed upon it by society is so pathetic.

It is my belief that major creditors powers of debt enforcement should be brought into line with its relevancy, and far greater controls of their powers be enforced…granted there have been improvements in recent years but there is so much still to be done. I agree totally with ffocus that education is the key and to be honest I believe a large portion of the voting populous are unaware of what is filed about them by cras and more importantly what they are able to do to amend any indifferences.

so lets stick together and get these changes effected because we all, somewhere have a different quality that will enable us to overcome these giants, and bring about justice.

[chrismc]

They are digging themselves into a very large hole...oh goody, can I come a watch???

 

Basically, if the Inland Revenue (the original Claimant) has agreed to its removal in a letter, you can go through the Court process yourself...

 

or you could POLITELY ask the IR to do it for you by them requesting for it to be set aside and removed from the register through a General Form of Judgement or application to set aside a judgment.

 

Offer to pay their Court fee which is about £30 (I think? - I'll have to look that one up) and remember to THANK THEM for their assistance. After all, if they receive one good piece of feedback, others might also be lucky.

 

It is a little quicker if the IR do it, otherwise the Court will have to write to them again, on the basis of your application, and will ask the IR if they wish to contest your application. They shouldn't do, if they have sent you a prior letter agreeing to its removal.

 

If you explain that's it's quicker for them to apply to the Court for the set aside order (they should knwo this anyway) and PAY their fee for doing so, then they probaly might.. you could even fill out the court form include a cheque and send it to the IR for signing and forwarding on. Just an idea...

 

Either way, once that process has run the course, you should get a judgment from the Court saying something along the lines of:

"It is ordered that the Judgment (No.xxxxx) dated dd/mm/ccyy entered against XYZ for £x be set aside, there being no objection from the Claimant." or very similar.

 

That will then be de-registered from the Register of County Court records, and the Muppets at the CRAs then HAVE TO remove it from your file. Or, quicker, still, send them a notarised copy directly and give them 7 days to JFDI.

 

By the way, if the CRAs try arguing the toss, then they are in VERY deep water...

 

to fail to act upon the directions of a judge is an obstruction of justice and putting yourself in Contempt of Court (a criminal offence), and you can be banged up in the nick if a judge has had a ****ty day.

 

Believe me, this does work and the CRAs Muppets are talking the typical don't-really-know-but-I'll-try-making-up-an-answer bulls**t.

 

I have done exactly this process for someone who had a CCJ registered against them by a utility company.

 

We initially had EXACTLY the same response from Equifax, until I sent them a letter (cc'd to the judge in the case) inviting them to explain to the judge why they were rejecting his official judgement and should I apply for a Contempt of Court Order against them

 

...it's even funnier when you phone them and ask the actual Muppet from the CRA who sent the letter and ask them if (s)he would like to be the named "obstructor of justice" on the Court application or would they like to nominate their line manager...

 

and then stay very silent whilst they slowly fill their undergarments... and listen to them sob quietly.

 

"There, there, Equifax, we know you can't help it...you're all uneducated idiots... we know it's not your fault...now don't cry...come on, be a big grown up boy now... they don't really drop the soap in the shower and order you to pick it up...that's just a nasty-wasty rumour."

 

Thanks for that SB...that is pretty much what I thought, but I could not get anyone to clarify the matter for me....so I will get to work on it pretty soon.

 

Thanks again for your great advice

Chris

[SurlyBonds]

The letter has been delivered in hard copy with signature thereon... so I can now use this in my case with the I.C.O.

I'm even going to keep the envelope and frame it!

[SurlyBonds]

SB

 

I then wrote to Experian/Equifax whichever agency it was enclosing a copy of the IR letter and they said it would stay on my file for 6 years and they could not remove it etc etc I did consider 'set aside' but my question is, how did you get it removed from the credit file? because in other posts you state a CCJ being a court order cannot be removed??

 

Thanks for your help

Chris

 

The even funnier thing about this is that I just found the following in Experian's own website:

 

Under what circumstances can a judgment be removed from my credit report?

A judgment is only removed in the following circumstances.

• It is paid within one calendar month.
  
• Six years have passed since the original court case (in which case removal is automatic).
  
• It is taken back to the court and set aside.
  
• An insurance company was responsible for the debt and you can produce evidence of this from them.

Source:

FAQs: Changing a judgment

 

Don't these Muppets even read their own literature..let alone the public Acts.:o

[bigboyben]

but in my opinion there have to be some safeguards to stop people ending up bankrupting themselves by taking on ridiculous amounts of credit they cant afford.

 

There is a safeguard.

 

It's called common sense and taking responsibility for your own actions.

[noobrider]

OK slight change of subject but...If the bank/lender etc breaks the contract by applying unlawful charges...does that then mean that you can request the removal of that information from your credit file as it should no longer be processed as the contract is no longer valid?

[chrismc]

The even funnier thing about this is that I just found the following in Experian's own website:

 

Under what circumstances can a judgment be removed from my credit report?

A judgment is only removed in the following circumstances.

• It is paid within one calendar month.
  
• Six years have passed since the original court case (in which case removal is automatic).
  
• It is taken back to the court and set aside.
  
• An insurance company was responsible for the debt and you can produce evidence of this from them.

Source:

FAQs: Changing a judgment

 

Don't these Muppets even read their own literature..let alone the public Acts.:o

I have just got the paperwork in front of me now, the letter came back from EQUIFAX and states:-

 

County Court Judgements are Public Record information and are registered at an address by the Court where they remain for a period of six years from the court date.

 

We are unable to amend a County Court Judgement unless we receive an original Certificate of Satisfaction or Cancellation, which is obtained from the court by producing proof of payment and a current fee of £15.

 

A satisfied Judgement will not be removed from your Credit File, however it will be amended to show as satisfied.

 

If you pay the Judgement within 28 days, the Judgement wil be removed from your Credit File.

 

For further information etc etc etc

I did pay the debt in full and also received a Satisfaction Notice and a letter from the IR saying they had no objections to the CCJ being removed, which I sent to Equifax, and the above is their reply.

 

on the Equifax site it states:

How do I satisfy or amend Judgments/Decrees & Administration Orders?

 

England & Wales

When a Judgment has been paid in full, your credit file can be amended. To do this you must supply the court, listed in your credit file, with proof of payment, enclosing the court fee of £15 the court will issue a Certificate of Satisfaction, which, if the debt was repaid within one calendar month of the Judgment date, will authorise the removal of that Judgment from the Register and your credit file. If repaid outside the one-month period, the Judgment will be marked as 'satisfied'. Notification of any such changes will automatically be sent to Registry Trust Ltd who will then advise Equifax. The appropriate amendment will be made to your credit file normally within one month of payment. When an Administration Order has been paid in full, you can pay the court fee of £15 and obtain a Certificate of Satisfaction. However, this will not satisfy any County Court Judgment contained within that Order. A separate Certificate is required and can only be issued if the full amount of the Judgment debt has been paid.

 

It also states

Judgments/Decrees are held on file for 6 years from the date of Judgment, even if it is satisfied/paid. However, if you satisfy or pay the Judgment / Decree within a month of the judgment being issued, it can be removed from the Register and your credit file.

 

Chris.

..

[SurlyBonds]

I have just got the paperwork in front of me now, the letter came back from EQUIFAX and states:-

 

 

I did pay the debt in full and also received a Satisfaction Notice and a letter from the IR saying they had no objections to the CCJ being removed, which I sent to Equifax, and the above is their reply.

 

on the Equifax site it states:

 

 

It also states

 

Chris.

..

 

Go to the link on my post to Experian's other page... I know that they have two pages that contradict each other. I saw the same think... maybe I need to ring their Milky Bar Kid Education 'expert'... ho hum.

 

However, I PROMISE YOU THIS:

If the creditor agrees to a 'set aside' of the CCJ, then the Court will issue an order to that effect.

 

That Order will be noted by the Registry Trust Ltd, who will then notify the CRAs to remove the entry. And they have to do it or they are in Contempt of Court.

 

Nobody, in this country, can ignore the ruling of a judge, and if he Orders it so, it must happen. The CRAs are NOT legal bodies, or judges...and their web pages are written with so much spin, their web designers must get dizzy. It is all a big attempt to look official and important, and it doesn't cut any ice with people like me who have always stood up to corporate bullies, which is all they are.

 

Experian need to synchronise their two web sections urgently.

[purplefile]

Independent Online Edition > Loans & Credit

Surlybonds

 

Your explanation of the current data processing system used by all our CRA's banks/ insurance companies etc and all its faults is amazing.

I am particulary worried about one aspect of it for personal reasons that are far too long winded to go into on somebody elses thread but my query is one that I think you may have some knowledge on.

 

In April the BBA admited that various lenders were using coded messages via the CRA's to give an opinion on how accounts were managed. We all knew this occurred but had no proof of this untill April 06.

Surely the banks and CRA's can not possibily have any justifaction for this behaviour seeing as it is secretive and we the people whose information is being used have no access to it to challange or correct it?

It is also an opinion of the bank sending the message.

I would love to challange this aspect of processing as I strongly believe from personal experience that negative messages are being passed about customers who challange these institutions.

 

I challanged and won against several in 2003 using DPA though I think reading your posts that timing and luck had a lot to do with my sucess as my understanding of DPA is scarce compared to yours. However I feel that the financial world has something on me that prevents me from obtaining credit with certain lenders. (not just internal behavioural checks)

 

Have you any thoughts on this that you would be willing to share?

 

And yes I am paranoid (but I have reason to be!)

[SurlyBonds]

OK slight change of subject but...If the bank/lender etc breaks the contract by applying unlawful charges...does that then mean that you can request the removal of that information from your credit file as it should no longer be processed as the contract is no longer valid?

 

1. Individual clauses in contracts can be deemed unenforcable, but the Unfair Terms Regs does state that despite one or more clauses being revoked, if the contract can still be performed after the removal of those specific terms, then it is still valid.

 

However, if you are claiming unfair charges back, make it a condition on your letters/LBAs/Court Claims, etc. that the default is to be removed as part of your claim.

 

If the default has occured solely or primarily as a result of penalty charges, then your letters/Court Claim should mention this, and insist that the default was then unfairly applied through THEIR breach of contract. I used this against argument against First National in the great where's-my-settee debate.

 

2. If they have issued a default notice and terminated the contract... then the contract is dead... and the permission to disclose died with it, unless there was a clause that allowed disclosure after the end of the contract...which I doubt there was.

[SurlyBonds]

Independent Online Edition > Loans & Credit

 

In April the BBA admited that various lenders were using coded messages via the CRA's to give an opinion on how accounts were managed. We all knew this occurred but had no proof of this untill April 06.

Surely the banks and CRA's can not possibily have any justifaction for this behaviour seeing as it is secretive and we the people whose information is being used have no access to it to challange or correct it?

It is also an opinion of the bank sending the message.

I would love to challange this aspect of processing as I strongly believe from personal experience that negative messages are being passed about customers who challange these institutions.

 

I challanged and won against several in 2003 using DPA though I think reading your posts that timing and luck had a lot to do with my sucess as my understanding of DPA is scarce compared to yours. However I feel that the financial world has something on me that prevents me from obtaining credit with certain lenders. (not just internal behavioural checks)

 

Have you any thoughts on this that you would be willing to share?

 

And yes I am paranoid (but I have reason to be!)

 

I had seen the article, and as I work on banking systems, I'm only too aware of what they get up to.

 

I know fully well that banks will share your log entries with other lenders - after all, you said they could when you signed the contract! - it's classed as data.

 

Log entries are all the ancillary notes and copies of correspondence, etc between you and the bank, and they can use their own entry fields and free text fields... in the industry there is a well established joke that there's an ABC marker = Awkward Bl**dy Customer... there are plenty of others too, a bit like doctor's shorthand on patient bedboards.

 

However, it is simple... do a full data request on the bank's internal systems, including copies of all emails, etc. concerning you.

 

You can also ask for a complete log of everyone who has ever accessed your account details, including members of staff, dates, times and reasons why. 'Access reasons' have to be provided with a lookup reference table if they are in coded form. Under the FSA, all banks have to keep an audit trail, usually called MI for short, so ask for yours.

 

Banks however, are not allowed to give any type of "reference" to another bank as to your banking conduct, unless you give written permission for them to do so. It states this clearly in the Banking Code - Section 11.2, and you can insist on approving the copy before it is sent.