Searches By DCA's

[BRIGADIER2JCS]

Which credit reference agency is 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?

[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.

[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.

[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

[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

[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.

[BRIGADIER2JCS]

Yes I know what you mean DS and I have even got friends and colleagues who would be up

for a bit of subversive kid:madgrin::madgrin:napping

[BRIGADIER2JCS]

eeet is a ****abolity they have vays of making you comply:madgrin:

[BRIGADIER2JCS]

It wasn't me this time M LUD.

[BRIGADIER2JCS]

These searches are made by debt collection

agencies when seeking to indentify a debtor,

it may be that these are linked to your defaulted

accounts as you say,especially if these accounts

are nearing the 6 years to become statute barred.

[BRIGADIER2JCS]

Table 2 searches are used for address checking, residential status

and the like, Table 1 is used for identify a debtor via accounts,

etc to establish if creditors are being paid and assess the debtors

ability to pay what ever debt the dca is chasing.

The OFT and the ICO state that these searches should

be seen by potential lenders as they indicate the true credit history.

As to contacting the DCAs you need to be careful especially if

they are not currently chasing you for the debts.

If you want to do so let me know and I will happily draft a letter

for you.

[BRIGADIER2JCS]

HI, The change from T1 toT2 means that no one but you can see

those searches (good).

Basic BAs because they cannot provide over drafts/ cheques etc., are

not credit sensitive, so you need to build a rep of no overdrawing

missed payments and late payment using the facilities of the basic

account for a while then apply for an upgrade of the account that

will show on credit files.

Credit checks were in the past as the questions asked if not resident

for 3 years give previous address has for some forms of credit been

extended to 4,5 or six years.

Reporting to CRAs does vary from bank to bank.

Brig.

[BRIGADIER2JCS]

Any advice please?

If Apex have not been chasing you yet, wait and see if they

do at which point you can find out what the debts are and

then do whatever is necessary

[BRIGADIER2JCS]

A debt can only become statute barred if there has been NO

payment or WRITTEN ACKNOLEDGMENT IN 6 CLEAR YEARS

(5 in Scotland).

As I see it that e-mail is simply an answer to your enquiry

regarding the search, what I am asking is have Apex or Cabot

actually written to you regards the debt??

Other than the one e-mail??

At the moment having read through all this

again the entries are correct.

It is best always to use post by RD to keep

a full paper trail.

[BRIGADIER2JCS]

I see. I've never received a letter for that debt, certainly not from Apex (the name Cabot is familiar but that could just be from reading posts here. At the very least I can say Cabot haven't contacted during the past 2 years.

 

I've never made a payment and certainly haven't acknowledged it. I only found out about the default a few weeks back when I bought my credit report.

Personally I would let things lie as they are, actually contacting Apex may have stirred things up, did you at any point state that you do not acknowledge any debt

to them?

If not they will I think be able to claim your contact has acknowledged the debt.

If

[BRIGADIER2JCS]

OK DO NOTHING UNLESS APEX OR CABOT CONTACT YOU

BY POST (SORRY ABOUT CAPS SEEMS TO BE LOCKED ON)

Leave them to make the first move, then let us know and we

can help you sort it out.

[BRIGADIER2JCS]

Sorry to Hijack the thread, but I am currently locked into a battle with 3 CRA's who have recorded Table 1 searches, I have no outstanding debt that is not either fully up to date or is SB from around 9 years ago when I went through a divorce. How do I get these searches removed as I seem to be have exactly the same responses ar the poster above.

many thanks

 

AS the CRAs state these serarches are not seen by

potential lenders making searches in regard to credit

applications and the fact they are removed after 2 years

is it worth the effort.

But please be aware that even if a debt is statute barred

and still exists and can be persude for payment, (short of court action)

Until the debtor has informed the creditor that the debt is statute

barred and they will not be paying (see OFT guidance 2003/2011).

[BRIGADIER2JCS]

Thanks for the quick response, the debt is SB and the DCA MH has been informed that it is SB and won't be paid, but they have also got Cabot and Clarity involved in this and all three have carried out table one searches which are seen by potential lenders, this is the only thing that is blotting an otherwise perfect credit file, I need to change my Crapital One high interest CC for a lower rate one and I am getting refusals, which can only be caused by these searches.

 

If you take a look at the information on the searches the CRAs are stating

they are NOT seen by potential lenders making searches regarding credit

applications.

Ring Experian and Equifax for further clarification.

There are many more reason for being declined than

the CRA files all lenders have their own credit profiling

methods.

[BRIGADIER2JCS]

Well, you said to wait til they contacted me and the phone calls have started already. While I was on the school run, I had 3 missed calls, one from 01227 282910 and 2 withheld numbers. I've googled the number and it may be registered to a solicitors in Canterbury, though that's unconfirmed. How did they get my number when i'm ex-directory?

 

Should I still wait for a letter before I do anything? It's a bit of a pain in the bum that they're calling though. What should I say, because I refuse to not answer my phone? My son is disabled and his school number comes up as withheld on my home phone and mobile, so not answering isn't an option. Also, should I be worried that it's a solicitor rather than a dca?

Yes do not respond to their calls, they will attempt to

manipulate you into admitting liability setting up a payment

plan etc.,

If by chance you do answer the phone do not answer

any ''security'' questions and state simply inwritting

only and hang up.

If it's a solcitor the same applies it will be one of the

rental sols that sell their name to DCAs.