Searches By DCA's

[WhatALife]

Is there a limit to how often a DCA can search someones credit report?

 

I've just had a copy of credit reports and one one of them Capquest have searched my report everyday for five days in a row.

 

Am I entitled to ask Capquest why they searched my report and why so many times?

[Dibsthefrenchie]

Absolutely, ask them to justify their actions!

Are they recorded on Table 1 or 2? Fingers crossed that it's on Table 2.

[BRIGADIER2JCS]

Which credit reference agency is this?

[WhatALife]

Absolutely, ask them to justify their actions!

Are they recorded on Table 1 or 2? Fingers crossed that it's on Table 2.

 

I'm not sure but will check later tonight when I get home.

[WhatALife]

Which credit reference agency is this?

 

Hi Brigadier this is with Equifax.

 

Will contact Capquest to find out exactly why there was 5 searches, 5 days in a row.

 

Will also contact Equifax to see if they can explain why too, surely their supposed to check things like this.

[BRIGADIER2JCS]

They can't be bothered with checking and will just pass the buck back to the creditor.

How are the searches defined as debt collection,outstanding debt, which table are they on

or are they titled unrecorded search that has no impact on the credit file?

[The Debt Star]

there was 5 searches, 5 days in a row..

 

 

disgusting. absolutely disgusting.

[WhatALife]

There all table 1.

 

On one of them the search reason is outstanding debt, the other four the search reason is debt collection.

 

Why would they search any way when they know my address? I've kept in contact with them since the very start which was before the searches.

 

I've also just noticed that there's also a table 1 search from Wescot for outstanding debt made roughly about the same time.

[BRIGADIER2JCS]

Hi Whatalife,

Unfortunately the ICO and OFT do not see this is wrong,as they now state that is suitable that a prospective lender

should see the entire available credit history in order to make an informed judgement if to make a loan or issue

a credit card etc.(I have letters stating this). The FOS is now also of the same opinion.

Do you know what they are chasing from correspondence ?

DCa's now seem to carry out these searches to establish if a debtor has taken out or has applied for new credit, meaning to them

you have disposable income to pay them, underhand, and disgraceful though it is it seems the regulators are in favour of this practice.

[Rundle]

I've got the same thing.. three searches on my credit report by Apex debt collection and one by Inter-credit International since last September with search reason "outstanding debt". They obviously think I owe them money, which I don't.

 

They are showing on Table 1 of my credit report.

 

Are these searches visible to other companies that may search my file if I, say, apply for a credit card?

 

I did not give consent for these searches, so should they even be there?

[BRIGADIER2JCS]

Yes they an explanation of the process is in my post above, if you have more detail I'll try and help.

[BRIGADIER2JCS]

They DCA's will have bought the debt and are now 1, Checkuing on your identity an2, checking your ability to pay.

Purchasing the debt give them all the rights of the original creditor, you will find if you check the contract/agreement gives

the OC their assignees or successors the right to use CRA's when you signed you agreed to this.

[WhatALife]

All my debts are still with original creditors, I know what their chasing and have kept in contact with them, I've replied to every letter received.

 

I understand the reasons for checking but checking everyday for five days is a bit excessive.

[Rundle]

Thanks Brigadier.

 

I haven't even had any Credit agreements since 2001-ish.

 

I've just looked on the Equifax Q&As and it seems they are allowing these searches to be entered, even though the person subject to the search has not initiated it or consented to it.

 

See Q&A, here copied from Equifax..

 

What's an outstanding debt search?We keep a record of any organisations that have looked at your credit report, in line with the Data Protection Act.An outstanding debt search means that a company has tried to find you if you've left without clearing your debt.Depending on how confident the search is, it will show in either the Credit searches or Other searches section of your report. Any company who looks at your credit report will be able to see outstanding debt searches in the Credit searches section, but only you can see the ones in the Other searches section.Outstanding debt searches stay on your credit report for two years.

 

So I suppose that's it then, they're there to stay or I need to enter the bureucratic nightmare of liaising with Equifax and the DCAs that put them there.. reading through these posts that sounds like it's going to be time consuming and frustrating.

Am I likely to get any joy just trying to force Equifax to wipe them off?

[BRIGADIER2JCS]

Unless the have a mistaken identity or are just phishing I don'know,

are all your details correct on the credit file, any linked addresses or joint accounts?

Your only chance is to contact the DCA and challenge the entry, the letter should be addressed to the Compliance Manager.

It is possibility the DCA has lumbered themselves with a stat barred debt that has already dropped off your report after 5 years.

[BRIGADIER2JCS]

Unfortunately the authority the authority is given for the use of the CRA in the original agreement.

[BRIGADIER2JCS]

As to wiping the entries off it is increasingly difficult as theCRA will say the creditor has to agree to remove it,

if the creditor says the ino is correct it stays on.

I have to go out for 30mins but will try to help further when I get back

[Rundle]

The only thing I can think of is something from a joint business venture with a small shop that went wrong many years ago. There may have been a small bank debt left over (a couple of hundred pounds) which was supposedly written off.

 

They would only have had my name and address to go off, and since my address has changed since this may be where it's coming from.

 

Because I'm thinking of going for a mortgage decided to check my credit file, hence this.

 

So, back to the issue though.. table 1 of a credit report is not quite as it seems.. describing this as an area only to record searches that are performed during a finance application process (and thereby directly with your recent consent) would no longer be correct.. it is now an area that any credit company, with a mind to, can access and meddle with search data with or without your direct consent?

 

This is surely being used more as a tactic to bring unavailable debtors into the fold and get their attention, whilst in the meantime spoiling their credit file because the searches will be seen by potential lenders.

 

Should these searches not be restricted to table 2 as this usage of table 1 was surely not what it's original use was intended to be?

[BRIGADIER2JCS]

Correct the DCA buys the debt AND ALL THE RIGHTS CONTAINED IN THE AGREEMENT SIGNED BY THE DEBTOR unfortunately it

is that simple.

[BRIGADIER2JCS]

As some willk now on CAG I have fought, challenged this scenario through to The House of Commons, the Secretary of State for Business and ALL

the regulatory bodies the outcome of this is in my posts above,all personal experience over 2 long yuears:madgrin:

[BRIGADIER2JCS]

It did used be the simple way with searches until debt purchase became very big business and the clauses

in agreements and contracts covering reporting to CRA's and registering details with the agencies was opened up

to the stage it is at now.

I will give some indication of the fight I have had the document I've archived weigh 17.5 kilos basically just paper that could be used as R S:madgrin::!:wipes

Edited May 23, 2011 by BRIGADIER2JCS

[Rundle]

Well done so far, in that case, and I have every respect for your efforts Brigadier!

 

What are the chances of having these Table 1 searches removed under the approach that they are performed without one's consent?

 

Perhaps by going as far as the Information Commissioner's Office?

[247orbital]

As long as they are time limited to the 6 years they can search all they like, but after that they need to be removed as far as I'm concerned.

If they are not, then I will proceed to the ICO and court if I have to.

[Rundle]

Ok, so dirty tactic though it is, not much we can do about it if there's a valid and current debt behind it.

 

I'll have to find out what they think I owe them, and if it's mistaken identity or the debt's over 6 years old then there'll be a battle on!

 

Thanks guys, for the help.

[BRIGADIER2JCS]

I have sent a whole raft of CAG screen print regarding the use of Table 1 searches

that caggers have given me permission to use to my MP and all the regulator result RESOUNDING SILENCE.