resolvecall - court threat letter scottish power 'debt'

[flexeh]

Dx

 

Heres the letter have a read and see what ya think mate

 

 

also how can a company say yes we are at fault and then say without predujice or admission of liability?

 

 

[ATTACH=CONFIG]45591[/ATTACH]

[dx100uk]

ok read that now I understand better

 

I think its fair.

 

my pers view is that if sp remove the default as they promise

this will 'put right' your cra file?

 

so the debt will not be harming your score anymore?

 

coupled with that EQ are offering almost £500

 

if these two were to happen.

 

what other issues if any you left with?

 

dx

[dx100uk]

sri I typed £100 should be £1000

but as such its 'not' a wrong entry

I

f the system were correct

the default would have been there a lot earlier.

not is going?

 

i'd be happy.

 

but please outline if you have any other issues

 

dx

[flexeh]

sri I typed £100 should be £1000

but as such its 'not' a wrong entry

I

f the system were correct

the default would have been there a lot earlier.

not is going?

 

i'd be happy.

 

but please outline if you have any other issues

 

dx

 

Dx think you misread, so will not remove the default.

 

Ye the default would be on sooner and I would of had an alert then saw it and got in touch with sp to arrange payment plan, however due to not showing 14 months I have 14 missed payments due to it not showing any company searching me will see that and think I will miss payments.. And sp standing firm they won't do nowt.

 

So do I email back and say thank you for your offer but I find it to be short of what I feel would make things right. And highlight the fact I'm reasonable and drop the 1800 to 1500

 

and see if thy increase and have like 1000-1100 as the lowest I'd go? Or do I send a lba with as the amount and highlight the fact they admitted they in wrong and complaint not been investigated properly etc. and some of that 400 is my membership fees back not actual compo

 

 

Also mate if I drop y payments then to sp to £1 a month like you said can they do anything? That email from that woman tells me not to lol. id still be making payments in the eyes of a judge or whatever correct?

[dx100uk]

are sp offering to remove the default

did I read that right?

 

dx

[flexeh]

are sp offering to remove the default

did I read that right?

 

dx

 

No mate Gillian and David at Scottish power complaints advised they will not.

 

and also refusing to remove the late payment markers that were added when I didn't know of default because of experian

 

That's sorta why I duno what to do over experians offer, if default was removed or missed payment markers removed from the time the default was missing off credit file then I would be happy to accept as there would be no damage to credit file.

 

Issue is if I paid outstanding balance off all scottish will do is mark the account as satisfied/settled then I still have none payment markers on the account.

 

So that's why I haven't rushed into accepting their offer and wanted more, the damage has been done and won't change

[dx100uk]

ok thanks

 

change of tact

 

ask exp if they would be prepared to 'twist SP's arm' to remove all neg data if the debt was paid off

 

dx

[flexeh]

already asked them before as part of my things to make right, scottish power will not budge. and will not entertain anymore questions or anything. They are playing the final responce card and fobbing me off to the ombudsman

[flexeh]

Dx i have written a responce for experian hopefully ive identified the key points. if ive missed anything or need to take stuff out let me know mate

[dx100uk]

I think you are asking too much P/hrs

but that's your call I have not researched

 

your ultimate aim here seems to be the removal of the neg data [ALL OF IT]

and compensation for your troubles in doing this.

 

pers [only]

 

I am wondering if a simple letter outlying what you want as an end result [as simple as above]

and asking Experian to help get to that stage or even resolved totally

might be better.

 

entering into a long paragraphed bat and ball situation

in MY eyes detracts from your simple resolution requirements

 

dx

[flexeh]

Hi Dx.

 

i changed the amount i was asking considerably (to £8.50PH), i didnt see your message until after my email was sent and have recieved a email back today. Even still they are claiming they havent mis handled my data. Im going to look back through all my emails and SAR documents again to see if there are any statements made over my data.

 

06/08/2013

 

Dear Steven

 

Thank you for your e-mail reply, which I received yesterday. Please be assured that I have noted all of the comments detailed in your response.

 

In the first instance, I would like to clarify that our usual update process does not take 13 months. Please accept my apologies for any confusion on this point. To explain, the reason that we maintain the position that your complaint relates to poor customer service received and not failures regarding data handling is because of the distinction that exists between what information exists on our database, and what information is retrieved on your credit report via CreditExpert.

 

I do stress that no member of staff at Experian has in any way intentionally deceived you or sought to conceal the facts regarding your complaint. The quoted text that I used was provided only to give some context to our decision making process and the phrasing is designed to apply to a complaint retrospectively when being assessed by a third party. As such I assure you it is not the case that I, or any other person with whom you have dealt at Experian, has chosen not to keep you fully informed as to our investigations or conclusions.

 

At this stage, the issue is that we would not consider what you have suffered as failures in regards to data handling. This is because the account information in question has always existed on our records. However, this has not been retrieved on your report when using the CreditExpert service. I do fully appreciate that you only wish to reach an amicable and fair resolution to this issue, and I am truly sorry to hear of the impact this has had on you and your family.

 

The complaint to which you make reference via the BBC website does differ from your own. This is because in your case there has been a failure to retrieve data on your report and not that there has been a failure to maintain that data accurately on our database. What I am not unfortunately able to explain is exactly why the information in question was not retrieved on your report when requested via CreditExpert. Whilst I acknowledge that you do not believe this explanation to be accurate, this is the conclusion we have reached based on our investigations of all the evidence available to us.

 

In light of this, I confirm that at this time we will not be changing our offer of compensation. I understand that this is likely to come as a disappointment to you and I recommend that you contact the Financial Ombudsman Service should you not be satisfied with my response.

 

If you need anything further, please do get in touch and I will help in any way I am able.

 

Kind Regards

 

i was going to send something back along the lines of

 

 

Hi Thomas thank you for getting back to me regarding this.

 

Like stated in the previous email, If the late payment markers on the default were not on my credit file i would happily accept your proposal. However these markers are damaging to my file which even many of your staff at experian did say on the phone i hard worked hard in sorting out.

 

The telephone calls i had with a staff members at experian, even stated if i remember correctly (which i will look at the transcripts if the relevant call has been transcribed) that my credit file was fine and nothing damaging except this default which appeared in December 2012. That therein gives the impression even staff were unaware of the default themselves beforehand. Surely that constitutes as data being mishandled somewhere for those 13 months.

 

I would be happy if you guys could speak with Scottish power admitting your failings to myself and what was on my personal credit file at experian and help with removal of the late payment markers, and making sure they were aware i could not see any default on my file. as i don't think they believe me as they are standing firm with their decision with my own personal requests. As i stated in my previous email, experian claim to work closely with lenders and other organisations so im hoping that you guys can with scottish power.

 

I will await the findings of the information commissioner for now and be in touch soon.

 

Regards

 

 

what you think ill wait to see what you say before i get over zealous and send the email. They just don't get that their actions of not handling my data properly resulted in late payment markers. whether if they had it hidden away on their systems or not. the fact is they didn't update what I'm paying for.

 

do you agree with the mishanlding of data? or is it "customer service failure" like hes pushing toward

Edited August 6, 2013 by flexeh

[flexeh]

Also just to advise

 

The financial ombudsman won't help as its not loans and money etc. that's what they said anyways and told me to get in touch with whoever regulates them. N afaik it's the OFT.

 

Should I try OFT now or wait to see what the ICO say?

 

To his email I think I cud do it simpler and say something like

Hi Tom

I still disagree that it's just a customer service issue. However I will await the ico's input while they investigate before making a decision on what has been offered and what action if appropriate to take.

 

How's that?

[dx100uk]

what about ofgen or whomever?

 

dx

[flexeh]

what about ofgen or whomever?

 

dx

 

Of gem won't as its a issue with experian, I'm sorta on the border of everything yet just outside each ones remit. The only one who hasn't hesitated and said yep we can look into it is pretty much the ICO lol.

 

I haven't tried OFT.

 

Also a you said short and sweet is the previous draft email ok?

[flexeh]

in the end I sent this to Experian, They are sitll under the assumption its only a customer service issue.

 

 

Hi Tom

 

 

Sorry for the delay in getting back to you as I'm currently on my holiday.

 

Unfortunately at the moment I will not be accepting the offer from your company as I believe you guys are not seeing the big picture here.

 

If you negotiated with Scottish power in the removal of the late payment markers from the default registered date. Then I would be a lot happier with the offer you have put on the table as these late payments in fact would not of been there if I had seen the file on my credit report

 

I still think we differ of opinions over the mistake by experian, you guys believe it to be a customer service issue and I believe data issue.

 

The reason I believe it to be data is that I'm paying for a service which is showing me data on my credit file which maybe relevant to myself.

 

It also states that if any major changes happen customers will receive alerts. And as the default was not on there I did not receive a alert at all.

 

I relied on my credit report to see who has searched me/ when and if I owe money. And you guys actually failed in the service you provided me

 

I will be highlighting the above to the information commissioner as I know it has been allocated to someone. Also the financial ombudsman will not assist in this matter and neither will the FCA at this moment. Is it the OFT who regulate experian?

 

Kind regards

 

Steve

 

 

 

The reply i recieved was

 

 

Dear Steven

 

I hope you enjoyed your holiday. I can confirm that we are indeed licensed by the Office of Fair Trading under the Consumer Credit Act 1974/2006 and that we are, as you will of course be aware, registered with Information Commissioners Office under the Data Protection Act 1998. As such, you are welcome to contact both regarding this matter.

 

However, I would like to clarify it is not the responsibility or role of the above or the Financial Conduct Authority to adjudicate disputes between consumers and organisations. As such they will not be able to recommend that Experian pay you compensatory amounts. This falls under the remit of the Financial Ombudsman Service if they reach the decision that we have acted incorrectly.

 

I am sorry to hear that your complaint about Experian to the FOS has been thus far unsuccessful. However, as we have issued our final response on this matter and we do not have anything further to add at this stage, I can only advise that our fixed offer of compensation still stands and you are of course welcome to contact me should you wish to accept.

 

Kind Regards

 

Thomas Doidge

Customer Relations Consultant

Experian Ltd

 

 

i replied yet again with

 

Thanks for the reply Tom and its only camping so not exactly sun sea and sangria!

 

What I would like to know is,would experian liase with Scottish power over the missed payment markers from the date the default went on until the default appeared as stated before I would not of missed payments if the default was on my credit file. And those missed payments are the most damaging on there.

 

I look forward to hearing back from you

 

Take care

 

Steve

 

 

Dx what shall i do now, take it up with he people who regulate them as well (the OFT?) or forward these last few emails to the ICO especially regarding Experian believing it only to be a customer service issue and not data issue, and wait to see what the ICO says?

 

stuck duno what to do as i feel im getting no-where now. Any got suggestions?

[dx100uk]

i'm gonna ask someone to pop in

 

might take the brig a while to get upto speed

 

there is a lot to read here.

 

dx

[flexeh]

cheers DX really appreciate all your help and advice mate, and putting up with me

[BRIGADIER2JCS]

Hi flexeh,

 

dx100 has asked me to take a look at this for you.

From the data provided it would seem that Experian have acted appropriately for their part.

 

If SP defaulted the account on a date and that date had been changed by any party then that is a breach of the ICO Guidance on defaults.

 

I presume that once the entry was placed on Experians records the actual default date was accurate.

 

I cannot see why there is any further complaint to be made, as it is entirely the responsibility of the 'customer' to ensure that required payments are made on time as require.

 

I do not on the information given see that the ICO would uphold a complaint UNLESS the original default date has been changed.

 

If it has not then it the default is correct whenever the entry was placed on CRA files.

 

Where I would be looking now is to Exquifax and Call Credit in case they have some data wrong but if they have not then there can be no further complaint against SP.

 

Probably not want you wish to hear, but this is based on many years experience of such cases.

[flexeh]

hi Brig cheers for coming to take a look,

 

the further complaint from my side, is i pay for a service that wasnt updated for 13 months,

 

if i had seen a default when it should of been on then i would of called SP up to arrange something, like i did September 2013 when i recieved the letter on post 1 of this thread. And agreed a payment plan which ive kept to, even tho i never knew i had a default.

 

Also having letters from Experian saying its not our fault it was not on there its Scottish Powers as we updated your account 2nd Dec 2012 when we received an update from Scottish power, can provide a screenshot of the letter to show you. So do you agree with Experian that its a customer Service issue rather than data? Ye their data might be right with the back office team, but the data it supplied to me wasnt.

[BRIGADIER2JCS]

Yes this is an admin error in my opinion, on both companies behalf.

 

These errors I'm sure would not persuade the ICO to take any action, there is no DPA breach to be considered.

[flexeh]

what program is it i can use to blank out address on PDF and ill show you the front page letter. so take what they offering ? and not push for them to get liase with SP over the late payment markers?

[flexeh]

Brig / Dx100uk

 

Finally heard back from the ICO. Looks like Experian cant just say Customer Service error. Its also considered a DPA breach by the ICO. So any ideas on what to email to Experian now?

 

Dear Mr

 

 

Thank you for your data protection complaint about Experian.

 

When I last wrote to you, I explained that when we receive complaints, our obligation is to make an assessment. The assessment is the Information Commissioner’s view about whether an organisation has followed the rules of good practice for handling information in the Data Protection Act 1998 (the DPA).

 

I also explained that our aim is to ensure that organisations deal with personal information properly in the future. Our assessment decisions can help us decide whether we should take action against a particular organisation.

 

Your complaint to us

 

In your case, the matters you have raised that are relevant to the DPA relate to the fourth data protection principle. This says that personal data shall be accurate and where necessary, kept up to date.

 

You are concerned that Experian took 14 months to record a default on your Scottish Power account on your credit file.

 

Our decision

 

As you are aware I wrote to Experian about this matter and have now received its response. On the basis of all of the information provided by you and Experian, we have decided that it is unlikely that Experian has complied with the requirements of the DPA in this case.

 

This is because, from the information provided, Experian failed to keep its records accurate and up to date by not recording on your credit file a default on your Scottish Power account for 14 months.

 

However, based on the information provided in relation to this complaint, the Information Commissioner has decided that further regulatory action is not required at this time.

 

When deciding whether regulatory action is appropriate, we take into account the organisation’s general record of compliance with the DPA. This may include any previous assessments we have made, or any regulatory action we have already taken against the organisation. We may also consider any other information that is in our possession (including information given during the course of our assessments).

 

Experian has explained that Scottish Power applied a default status to your account on the 28 October 2011 but is unable to confirm how the information was formatted or presented to it by Scottish Power. Experian say that it only retains the 5 most recent update files from any one data source. As a result, it says it’s not possible to identify the root cause of why the data did not appear on your credit report before the 26 December 2012.

 

Experian has explained that having reviewed your case it does appear that the level of investigation required was not carried out at an early enough stage to provide you with an explanation. Experian say it has been able to establish with Scottish Power that the account data was submitted to it as far back as October 2011, but it is unable to confirm why the data was not visible on your credit report at that time.

 

Experian has explained that complaints of this nature are extremely rare, but has carried out an internal review to ensure that any future requests are directed to the appropriate area of the business at the outset and, if necessary, it will liaise with the client who supplied Experian with the data.

 

Next steps

 

However, most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. We have therefore asked Experian to consider the information we have provided during the course of this assessment and take steps to prevent the situation from happening again.

 

We will keep a record of your complaint and take this assessment into account if we receive further complaints about Experian. The information we gather from complaints may form the basis for action in the future.

 

Thank you for bringing this matter to our attention.

 

Yours sincerely

[flexeh]

BRIGADIER2JCS would you mind dropping me a pm if u get 5 tried to reply but getting error

[BRIGADIER2JCS]

BRIGADIER2JCS would you mind dropping me a pm if u get 5 tried to reply but getting error

 

Sorry Flex my PM facility has been blocked by CAG admin.

 

Please post here if I can help in anyway.

[flexeh]

Sorry Flex my PM facility has been blocked by CAG admin.

 

Please post here if I can help in anyway.

 

 

Cheers mate, right I approached exp over it and they finally accept the ICO but they say take or leave. What you think if I did the money claim would having that ICO response help?

 

What experian offered before looks a good start but if you look at it most of it is my membership back and actually hardly any "good will" so I feels like they ain't bothered. I asked for an amount to make it right but they feel their offer does and that was when it was bass on just a customer service error.

 

I just want it to end now, but they have cost me more money by their mistake. I have a higher apr on a car finance because of it. It harder to prove that of course but the finance company didnt see it at first but when they did the amout went up a slightly.

 

If you think I got no chance still via money claim lemme know

 

Again cheers for all your help and you too dx100uk and Durkin appreciate it all guys

 

Sorry about typos I'm on my phone on the train