Dayglo's mission to get his life back!

[ppauls150]

yes hopefully you will get it removed within the next week or so then these companies just prove what underhanded and backstabbing ******* they really are. If they know they are wrong why cant they just simply say this before court proceedings and save themselves money if they know that they havent got the proof to what they are saying.

[aardvark the lecturer]

If they know they are wrong why cant they just simply say this before court proceedings and save themselves money if they know that they havent got the proof to what they are saying.

 

It's the bank charges all over again isn't it.

 

Fairly predictable though, Dayglo said that this would be the outcome back when he was discussing a possible test case with the Information Commissioners Office!

 

Dayglo....Nostradamus....Dayglo....Nostradamus....Dayglo....Nostradamus....Dayglo....Nostradamus....

 

 

I must start reading back through all his posts more carefully to see when the world will end:D

[dayglo]

knowing my luck - it will end the minute i get my life back.

[Tobes]

lol

~This is encouraging - as far as I can see, the other guys claim was based on Surly's idea of contract over, permissions over, so your claim, being the same argument, should be successfull too, the only difference being that the other guy applied more pressure by claiming for distress and damages etc...But they haven't offered anything for that so hopefully this is a sign of things to come and all similar claims will be won by us!

 

Of course, it probably won't be as easy as that buy hey

 

 

I've decided that I'm going to issue claims against the actual companies who have defaulted me, and when I've gone through them, if there are those who still refuse and I lose, I shall then sue the actual CRA...

 

I have my claim ready to send to the Court for Capital One, but I'm just waiting to see what Equifax say to my dispute report - I don't think anyone's tried this, but I informed them that I'd won my penalty fees case and that the deffault was unlawful because of that...wonder what they say!

[dayglo]

Letter received from Experian

 

 

Dear Dayglo

 

Thank you for your letters dated 7 and 8 September, which have been brought to my attention in the Directors’ office.

 

Further to our recent telephone conversation as well as the above mentioned correspondence I have contacted London Scottish, Moorcroft, Vodafone and National Westminster on your behalf with your comments.

 

When I contacted them, I added the following statement to these entries.

 

“THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED.”

 

I have now received a response from National Westminster who have advised me that the registration of the default details is stated on the formal demand that they sent to you. I am still awaiting responses from Vodafone, Moorcroft and London Scottish.

 

With regards to National Westminster’s response, you should be aware that when an account is defaulted it is the creditor who has taken this action because you breached the terms and conditions. The Consumer Credit Act 1974 provides legislation with regards to the process a company must follow when defaulting an account and the rights afforded to them after the date of the default.

 

Part VII of the consumer credit act 1974 (Default and Termination) contains information in relation to defaults and the process a company should follow when taking such action. Section 87 stipulates the necessity for a default notice and the reasons for issuing such a notice:

 

87 Need for default Notice

 

1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

a) To terminate the agreement, or

b) To demand earlier payment of any sum, or

c) To recover possession of any goods or land, or

d) To treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

e) To enforce any security

 

Default notices will advise of the course of action a company will take if you do not comply with their request to make certain payments to the account, or bring it back into line with the original terms and conditions. They will usually advise they are notifying the credit reference agencies that you have defaulted.

I would draw your attention to Section 88(4) as outlined below:

 

88 Contents and effect of default notice

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

If you have any concerns regarding the legitimacy of the default entries I suggest you refer back to the original terms and conditions of each particular account and the default notices you will have been sent. If you do not have these available I suggest you contact the companies concerned directly.

 

I am sure you are also aware that the Information Commissioner has recently issued a response with regards to these types of queries. They have stated that schedule 2 part 6 of the Data Protection Act 1998 covers the sharing of account data with credit reference agencies for the duration of a contract and six years beyond:

 

"6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.”

 

Concerning my letter to another individual this was with regards to the information appearing on that individual’s credit report. You will also note that my letter makes no reference to defaulted accounts.

 

In that letter I was referring to settled accounts and the advice given will vary depending upon the financial payment history of the individual concerned.

 

Settled accounts would only be retained with your consent as per the terms and conditions you have complied with. As settled accounts have a positive impact on most credit scoring criteria the removal of such an account is only likely to adversely effect the individual to whom it relates.

 

Lenders will consider the payment history on settled accounts when considering an application for credit. I am unable to comment on an individual company’s credit scoring system as they will vary between companies and also depend on the type of product you are applying for. However, I can confirm that with regards to the National Credit Score, the online service developed by Experian that provides our CreditExpert members with an indication of their credit status, you would lose a significant number of points if any of the settled accounts were removed from your report.

 

Although this specific scoring system is not used or seen by any lenders it has been developed taking into consideration current industry trends. The criteria of the National Credit Score is also updated on a regular basis to reflect any shifts in the industry.

 

As I also advised in my letter dated 6th September 2006 we will not be removing any entries without the authorisation of the company concerned.

 

If despite this you still wish me to contact Barclaycard, Ikano and HFC on your behalf please let me know and I will be happy to do so.

 

Yours blah blah blah

 

Consumer Compliance Executive

Directors’ Office

[dayglo]

letter received from Moorcroft Debt Recovery. (one of the four defaults on my file)

 

Dear Dayglo

I write further to your recent correspondence dated 23rd August 2006 in relation to the above account and can confirm that both of our credit agencies have now been informed to delete your credit file from their system.

If you require any further assistance please do not hesitate to contact me.

Yours truly,

Mr xxxxxxx

Moorcroft Debt Recovery Limited

[pugsley]

do they mean defaulted accounts that are then settled can be removed or just settled accounts?

[Tinkerbelle]

Sounds much like the one that I received. Apart from the bit about Information Commissioners Office using Sch 2(6).

 

Either he's not uptodate or he sent that letter before he knew about the Complaint that was made against them by SB

 

Oh dear, oh dear, oh dear. When will they learn eh

[Tinkerbelle]

letter received from Moorcroft Debt Recovery. (one of the four defaults on my file)

 

LOL....you should send a copy to Mr Experian

[dayglo]

Copy of letter received from Endeavour Personal Finance (part of HFC mentioned in above letter from Experian), This account was not defaulted but contained some late payment markers.

 

Dear Dayglo

Further to our letter of 14 September and your subsequent telephone call I can confirm the details in the letter are correct.

However, it is within my authority to consider any customer request and I have made arrangements to have the record removed from all three credit agencies taking effect from the next monthly reporting date which is towards the end of October 2006.

If for any reason the appear after this date then you must approach the credit agencies as I have taken all the action available to me to expedite your request.

Please sign and return a copy of this letter to indicate your acceptance of the resolution.

Yours Sincerely

Xxxxx Xxxxxx

Head of Operations

[Tinkerbelle]

Cor blimey!!

 

Did he actually contact any of them

[dayglo]

to be fair to him for a moment, He did say in his letter that he hadn't contacted the Endeavour one (part of HFC bank) because, he advised that the positive points earned through 'settled' outweighed any late markers. So he was suggesting my credit score could worsen if he removes the Endeavour (HFC Bank) data.

[pugsley]

do they mean defaulted accounts that are then settled can be removed or just settled accounts?

 

 

sorry I'm confused, as the info comm keeps changing their stance and so do experian?

[dayglo]

my interpretation of events so far...

 

1) SB gets a great concession out of Experian regarding the letter in the sticky on 6/9

2) I use that letter to write to Experian and complain to the Information Commissioners Office

3) Experian and Information Commissioners Office get together to see if there is an angle they may have missed

4) Information Commissioners Office go with "consent isn't needed, so section 6 'legitimate interest' applies"

5) Information Commissioners Office write to Experian to suggest that they may have made a mistake with the letter to SB and seek to find an escape route

6) Experian decide that they can argue 'defaults may lay down NEW terms and conditions relating to the retention of data at CRAs and if the default notice did contain such items then they are in the clear'

7) as a backup stalling plan - they also cite the Information Commissioners Office say that 'legitimate interest' and 'resaonable timescales' apply (I don't think Experian believe this but whilst they are backed up by the Information Commissioners Office they'll continue with this line)

[Tinkerbelle]

my interpretation of events so far...

 

1) SB gets a great concession out of Experian regarding the letter in the sticky on 6/9

2) I use that letter to write to Experian and complain to the Information Commissioners Office

3) Experian and Information Commissioners Office get together to see if there is an angle they may have missed

4) Information Commissioners Office go with "consent isn't needed, so section 6 'legitimate interest' applies"

5) Information Commissioners Office write to Experian to suggest that they may have made a mistake with the letter to SB and seek to find an escape route

6) Experian decide that they can argue 'defaults may lay down NEW terms and conditions relating to the retention of data at CRAs and if the default notice did contain such items then they are in the clear'

7) as a backup stalling plan - they also cite the Information Commissioners Office say that 'legitimate interest' and 'resaonable timescales' apply (I don't think Experian believe this but whilst they are backed up by the Information Commissioners Office they'll continue with this line)

 

...only until the ICO respond to SB's complaint about them I expect

[dayglo]

Have you seen a copy of SB's complain to ICO? I haven't - mine was just the stuff in red earlier in the thread - not so much a 'complaint' as 'rant'

[pugsley]

thanks, tht should be a sticky really, I have following it for awhile and it's all over the place lol

 

 

 

is there a link to sb's complaint or is he keeping it quiet, which is probably a better idea

[dayglo]

thanks, tht should be a sticky really, I have following it for awhile and it's all over the place lol

 

true - the similarities between the thread charting my attempt to get my life back and the life in question are uncanny!

[Tinkerbelle]

He mentions the basis of his complaint here. I doubt very much he will be putting any "hard core" info publicly until it's all settled

 

Why give them ammunition eh?

[pugsley]

loving it, watch and weep jamesJ

[Tinkerbelle]

oops..forgot this bit too

[dayglo]

Thanks Tinkerbelle I knew I'd read them somewhere.

[dayglo]

Dear xxx,

Further to our telephone conversation last week, I have received letters from Endeavour Personal Finance (HFC - Bank) and Moorcroft Debt Recovery Ltd both have indicated that they agree to remove the data from my file. I have attached scans of the letters for your convenience.

I wish this data to be removed from my credit file immediately. Please could you reply back as soon as possible with your suggested timescale.

Regards,

 

e-mail sent this morning with copies of the letters from Endeavour & Moorcroft

[dayglo]

From London Scottish Bank, regarding a satisfied default that was placed on my file in December 2000. This is their response to the template letter in the sticky.

 

Dear Dayglo

 

Your complaint relates to the fact that a ‘default’ appears on your credit file. The following applies in respect of that default:

 

• When you entered into the credit agreement in question, you will have provided your consent for information to be provided to Credit Reference Agencies (‘CRAs’). This consent is obtained as a matter of routine as it is the responsibility of lenders to provide information to the CRAs, in order that accurate pictures of individuals’ lending ability is built up, thus promoting responsible lending.
   
  
  
• The default was correctly filed (and please note that a ‘default’ in terms of your credit file is not the same as a ‘default notice’ under the consumer credit act). As the default was correctly filed, we are not in as position to ask the CRAs to remove it from their records. We are not currently providing any CRA with data on your closed account.
   
  
  
• Defaults are routinely shown on credit files for 6 years. This is not something which we influence once a default has been correctly filed. If you feel that the CRAs are at fault in holding default information for this period of time, you should pursue the matter with them. However, understand that the 6 year period is approved as an appropriate retention period by the Information Commissioner (see for example the Information Commissioners Office publication ‘credit explained’). If you wish to ask the Information Commissioner’s office about this, you can contact that office by various means, all of which are set out on the website Information Commissioners Office – Information Commissioner's Office.
   
  
  
• Your Data Subject Notice requires us to cease processing your personal data on the grounds that the fact the existence of a default on your credit file is causing you substantial damage and distress. There are restrictions on your right to require the ceasing of processing of information. In particular, there is a requirement that the damage or distress is ‘unwarranted’ or ‘without justification’. In this case, we repeat that we have no reason to believe that the default has been incorrectly filed. This being the case, we hereby give you notice, under section 10 Data Protection Act 1998, that we do not intend to comply with your request, for reasons stated above.
   
  
  
• Finally, please note that, as the default was filed at the beginning of December 2000, you now only have a little over two months to wait for the default to be removed in the normal course.

Yours Sincerely etc…..,

 

 

I'll draft my reply later on and post it here....

[ppauls150]

I thought that they would of removed it with a little over two months left instead of digging their heels in when once court papers are issued they will remove it. I have just got a default removed from my girlfriends file which is suppose to be taken off in December. It was with Marshall wards and after speaking to them they spoke to their legal deptartment and though they believe that they can leave it on they will remove it within 48 hours as it is suppose to come off in Decemeber anway.