Searches By DCA's

[The Debt Star]

unless and until your mp or one of his family are personally affected he won't be interested.

 

he might become interested if he starts losing votes over it but, then again, since the reactionaries destroyed the AV referendum most mps won't give a damn cos they are in imprengible seats First Past the Post seats anyway

 

red september-style kidnappings of the cra chiefs are not recommended, brigadier

 

no such thing as a real bill of civil rights in this country. desperately needed but sadly we have no equivalent of 1776 or 1789.

[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

[The Debt Star]

you're not seriously proposing one finger for each late payment entry Brigadier?

[BRIGADIER2JCS]

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

[The Debt Star]

maybe thats why phil experian aint posting on here anymore? he can't type now rofl

best let him go Brig, but don't forget to keep ya balaclava on this time lol

[BRIGADIER2JCS]

It wasn't me this time M LUD.

[AndreaMc]

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.

 

 

Hi, i've been lurking for a while because this topic is pretty close to mine.

 

I've had 2 credit searches in table 1 by Apex, within 2 months of each other, Nov 11, Jan 12. They show as debt collection. There are also 2 by Mackenzie Hall in 2010, also showing as debt collection.

 

When you say they are limited to 6 years, can you explain so that my feeble brain understands please? If you can suggest anything I can try and do, i'd really appreciate it. Maybe contact Apex and Mac to see what the searches were for?

 

I'm so cross that they're in table 1, I've been on the electoral roll continually so they must have had my details. Why haven't they contacted me? I presume they are old debts pre 2006 but I also have 2 defaults from 2007.. is it possible they're related to those?

 

I really hoped that i'd have a clean report showing several credit agreements being paid on time by next year. I've no ccj's just 2 defaults and the mystery searches by mac and apex.

Edited January 20, 2012 by AndreaMc
Apology for the big bump. I didn't check the date first!

[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.

[AndreaMc]

Hi Brigadier.

 

Is there a reason why they're in table 1 as opposed to table 2? Do you suggest I write to them asking what the debts are for? The defaults aren't due to drop off til 2013 so what should I do in the meantime? I suppose they can just keep doing searches til then which means no clear report until at least 2015. That's depressing

[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.

[AndreaMc]

Good evening Brigadier:yo:

 

I raised a dispute with Equifax on the 21st re the table 1 searches. I checked my Equifax report again today, and they have removed the 4 dca table 1 searches from my last address and moved them to table 2. For my previous address #2 the same dca searches still show in table 1.

 

I had explained to them that the debts were in dispute and that I had been on the electoral roll and discoverable from the start. I suggested that the searches were therefore only done to be maliscious and cause me serious hardship.

 

So, any idea why they removed them from 1 and not the other? Surely they haven't had time to query and get a response from the two companies?

 

Another couple of questions if I may? (point me in the right direction if i'm not allowed here.)

 

My basic bank account isn't showing up on my file, which is a pain as i've had it for 12 years and even maintained an overdraft, before they withdrew them for my type of account. I find it strange because another basic account with the co-operative, does show. It's been dormant for an age and I just forgot about it. It had a visa electron card, the same as my current bank and offered the same service. So, just wondered if you knew anything?

 

Question 2! When applying for credit, do they only check the addresses that you have lived at in the last 3 years, or does the whole lot show up? Particularly interested in this as my credit history for the last 3 years is perfect

 

Thank you in advance.

[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.

[AndreaMc]

Hi again.

 

I raised the dispute with equifax and this is what I put..

 

I have looked further into the alleged debts which warranted table 1 searches at 2 of my previous addresses. All debts with both companies; Mackenzie Hall and Apex, are in dispute for not providing the original CCA of the alleged debts, as I requested. Furthermore, all debts with the above companies are Statute Barred.

 

Annoyingly, I have been on the electoral roll and therefore 'discoverable' at the 3 addresses on my file. I suggest that as no contact has been made by Mackenzie Hall and Apex regarding the alleged outstanding debt, that they are merely credit searching me in Table 1 to be malicious and cause me serious hardship.

 

I have only just purchased my credit file from you for the first time, so I have only just found out about these searches.

 

Can you please contact the DCA's that are doing these searches and ask them for clarification?

 

As these searches are recorded in Table 1 for 2 years and are viewed by potential lenders, this puts me in a precarious position re further credit. It seems unfair that they can continue to trash my credit file for statute barred debts.

 

I look forward to hearing from you.

 

I received this reply from Equifax..

 

 

I am in receipt of your query, the contents of which I have noted.

Having investigated this matter I find it prudent to inform that Mackenzie Hall performed these searches to trace an address for you as we were informed that you were not at the address we were writing to.

Your accounts ********* and ********* are statute barred, however please be advised that the Limitations Act 1980 protects statute barred debt against legal proceedings. A search being carried out for the purposes of debt collection cannot be deemed legal proceedings and is therefore fully permissible.

These searches can remain on your credit report for 2 years.

 

We are unable to remove these searches from your credit file.I can confirm that said searches will not be visible to any lenders, and are in fact only visible to you.

 

Both accounts are no longer with Mackenzie Hall and have been returned to our client.

 

Kind Regards

 

 

Compliance Officer

 

and this...

 

Dear

 

MacKenzie Hall - Kilmarnock (Batch) has investigated your query and have told Equifax that the information is correct and should remain unchanged.

 

This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.

 

Address: 58 Portland Street, Kilmarnock, KA1 1JG.

 

The note that we added, stating that your information was in dispute has now been removed.

 

You’ll find more information about your credit report at equifax. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

 

While the searches marked as "outstanding debt" have been removed from table 1 at one of my previous addresses, the same searches by the same companies are showing in table 1 at my previous, previous address(!)

 

So, is this how it is to be? Dca's searching me in table 1 for a statute barred debt, as often and for as many years as they like? So, whilst I will have no defaults, ccj's, potential lenders will still be able to see that I have unpaid debt at at least one of my prev. addresses?!

 

Mackenzie Hall and Apex still haven't contacted me regarding this debt btw.

 

Should I send letters to Muckhall? If so, which template?

 

Any advice appreciated guys

 

##I've just asked Equifax if they can confirm that the table 1 searches are not visible to lenders (as they suggest in their reply above) and that the searches will have no ill effect on my credit score.##

Edited February 14, 2012 by AndreaMc
Extra info

[brokebutnotbeatn]

Have you writeen to both to say that you will not be paying these under the Statute of Limitations? If you have then recording these searches is harrassment in my view.

[AndreaMc]

I haven't contacted anybody yet, I thought it best not to until I knew what to put. I only know that the Muck Hall debt was SB, so i'm unsure of how to approach Apex, which could still be active. Is there a template I should be using?

 

The mackenzie hall searches were done in 2010 and are due to drop off in a few months, but that still leaves Apex who searched me in Nov 2011 and Jan 2012 (again, these have just been removed from table 1 at one of my addresses, but not the other) I've just realised that Equifax seem only to be mentioning Muck hall and not Apex, so i've just emailed them again to ask that they confirm they have contacted Apex too.

 

On another note, i've already used my free trial with experian and I wondered if I'm still able to get the £2 report from them? I'm already paying 6.99 pm to Equifax, so another 13.99 pm I could do without. Also, I have 3 defaults (2007/2008), is there any way to have them removed early, maybe by requesting cca's? I don't recognise them and 1 is showing that I made payments for 6 months before defaulting in 2008. The other 2 were defaulted after no payments were received at all. I don't recall any credit accounts from that time period, so I wondered what my best course of action is?

 

Thanks in advance, this site is brilliant.

[brokebutnotbeatn]

Only when you ahve advised someone you won't be paying under the Statute of Limitations can you demand they stop processing your data and remove all references from your credit files etc (see another thread in this section). However a few searches are nothing really to be overly concerned about; 3 defaults are more of an issue. Are you saying these were not your accounts/debts at all? If they are then you won't be able to get the defaults removed except perhaps by negotiating a F&F wth all negative data including defaults being removed from your CRA file. Even then, if you are planning on getting a mortage you will need to show at least 3 years good credit managment and perhaps even longer (up to 6). It is a long, slow process; there are no 'quick fixes' I am afraid.

[AndreaMc]

I have just received a reply from Apex regarding their search on me, how weird. It relates to the default I mentioned above and not for (what I hoped was) a SB debt.. I'm not saying that I'm not responsible for the debts, but as 2 of them were for relatively small amounts that had no payments made by me at all, I can't for the life of me think what they may have been for.

 

The debt that Apex have just contacted me about is indeed one of the defaults. This one shows that I made no payments at all for this debt. It shows a start balance of £0 on 2/11/07, a default/delinquent balance of £421 and a current balance of £481. I defaulted in June 08. I just can't think what this debt can be. I haven't had a credit card since before 2006, and i've not had a current bank account since before 2004, so it can't be for an overdraft. I've held my basic bank account for 10 years, with nothing being owed to them. They (Apex) say they usually work for banks etc, but I suppose it could be for anything. This is what they have just sent to me...

 

 

Dear,

 

Thank you for your recent query regarding a search carried out by Apex on the above account.

 

Apex Credit Management works on behalf of a number of high street banks and creditors for the purpose of debt collection and trace. At times we will use the Credit Reference Agencies to determine a consumer’s address status; often upon a client's requests or after unsuccessful contact attempts. This account was passed to Apex to trace on behalf of an account which was passed to us to trace and collect on behaldf of our client Cabot Financial.

 

Outstanding Debt searches (TR) displayed in Table 1 of a consumer's Personal Solutions Credit Report will have been performed as part of a debtor tracing procedure by the creditor or their appointed agent. These search footprints are not visible to any lender performing a credit application enquiry or to any other creditor tracing a debtor or collecting overdue debt and we will therefore not be removing this entry.

 

I can confirm that having liaised with Cabot Financial directly they have advised that this account is not statute barred. Confirming that this account was opened on 02/11/07, the last payment date was 05/12/07, the account subsequently defaulted on the 23/05/2008.

 

I would therefore request that you contact our collections department on 08458 498 902 in order to set up a suitable repayment plan and in order for us to update our records accordingly.

 

Should you have any further queries regarding this entry, please do not hesitate to contact me directly via email sHosell@apexcm.co.uk

 

Regards

 

Miss Selina Hosell

Compliance Advisor

 

That's that then I presume Should I try and pay this off asap?

Edited February 14, 2012 by AndreaMc

[AndreaMc]

Any advice please?

[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

[AndreaMc]

I think that them asking for money via their email above will start the ball rolling. Did you mean wait for them to write? You can see in the email that they're acting on behalf of Cabot, who issued the default.

 

Is there a chance it could still be sb'd? I only ask because the start date of the alleged credit was Nov 07, that would mean that the OC must've sold my debt onto Cabot who registered the default within 6 months of me supposedly taking out the credit. Please excuse if this is drivel, I'm still learning!

[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.

[AndreaMc]

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??

 

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.

[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

[AndreaMc]

I haven't contacted Apex, Equifax did that to dispute their searches. I haven't responded to their email either, so i've definitely not acknowledged it. Should I reply to that email saying that I dispute it's my debt? That would then be my first contact with them.

[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.