Double Default By Dodgy DCA

[bacsman]

I have had an on-going issue with a DCA called Gothia. It's a long story so grab a cuppa and get comfortable:wink:

 

Had a car loan with a company called British Credit Trust (BCT) many years ago,

for various reasons,

including an issue with the original paperwork having been altered by BCT after they had recieved it we disputed the outstanding balance and registered a complaint against BCT.

 

They in turn strung the whole process out for quite osme time and despite assurances that whilst investigating they would not make any defaults on our account but they did every month!

 

They told us this was done automatically by their system and they had no control over it!

 

This was in fact a lie but after a while they went very quiet and we heard nothing from them.

 

Some months later we start getting communications from company called Gothia and it transpires they bought the alleged debt from BCT even though it was in dispute.

 

Have tried to get this resolved using as they have continually breached the CCA but they have ignored everthing.

 

Even got the FSA involved and they were useless.

 

Gothia have put a credit default on my credit reference file,

 

have explained to Experian the whole story and all they do is contact Gothia and say "is this correct?"

Gothia say yes and Experian say they can't do anything.

 

I am stuffed because of this I have two defaults on my file for something that is not a debt.

 

Cant even get a temporary short term overdraft increase from my bank without a fight because of this,

 

they know what they have done and it has been done to cause problems!

 

As an aside does anyone else thinj that credit reference agencies sway far too much power?

 

Company put far too much emphasis on the data they hold without being fully aware of the facts.

[myketyke]

I certainly agree that credit reference agencies do not investigate complaints in depth and seem only to willing to listen to one side of the story, there should be a credit ombudsman who can take up complaints investigating in depth.This ombudsman has to have real power in controlling CRA'S until the matter is fully examined also DCA'S who just ignore your rights and the law when it suits.The whole buisiness of credit reference agencies and debt collecting agencies is out of control and needs tightning up.Certainly a full review of the complaints proceedures and customer rights needs bringing up to date, not the unbalanced biased in favour of DCA'S AND CRA'S ETC, that exists at the moment.:-xI have heard only to often of the FSA AS BEING USELESS AND TOOTHLESS!!.

[bacsman]

Spoke to the ICO today. They have siad that the default by the orignal company and the default by the DCA cannot be put on my Credit Reference File as it is in breach of tha Data Protection Act. They have asked me to pass all the details on them and they will contact Gothia to have it removed. Fingers Crossed:-)

[Simon - Experian Rep]

Hello Bacsman,

 

I have read your post and can confirm that a default should only appear on a credit report once. If a debt has been sold on, and the DCA are now recording it on your credit report, then the company that the debt was originally with should remove their entry. Also, the default date should always reflect the original default date, even if it was subsequently sold on.

 

If there are any discrepancies regarding the data please email Experian on consumer.helpservice 'at' uk.experian.com (apologies as this site wouldn't let me add a web address) and we will contact the companies concerned in order that they can check the accuracy of the information that they are recording. Please remember though that we cannot amend or delete any information without the consent of the company that has recorded it.

 

I imagine that the Information Commissioner's Office will have confirmed this to you.

 

Kind regards

Simon

[confused from london]

Simon can i ask you if DCA's are under any obligation to prove to you that the information they provide is correct or are you happy to take their word for it?

[Simon - Experian Rep]

Confused From London,

 

Companies are under no obligation to provide proof of accuracy to a Credit Reference Agency. They sign up to strict terms and conditions within their contract that require them to make sure that all the data they submit is accurate prior to providing it to us.

 

If an individual obtains their credit report and believes an entry to be inaccurate, we will contact the company concerned on their behalf, in order that the company can check the accuracy of the information.

 

Kind regards

Simon

[confused from london]

Thanks for the reply Simon