Missing Monthly Data on Credit Report Entry.

[andy1886]

I left it open, but yes the 56 day limit as it is a formal complaint. I just wanted to be clear that I'm not going to be fobbed off for months with "We're very busy, Maureen's on holiday so it'll take a bit longer" and that sort of thing.

[BRIGADIER2JCS]

I left it open, but yes the 56 day limit as it is a formal complaint. I just wanted to be clear that I'm not going to be fobbed off for months with "We're very busy, Maureen's on holiday so it'll take a bit longer" and that sort of thing.

 

Ok Andy good luck. may I suggest using signed for post so you can track delivery.

[andy1886]

Thanks Brig, I will do. Better that than rely on 'Speckled Jim' if you remember the Blackadder episode with Melchett's 'delicious plump breasted pigeon'!!

[BRIGADIER2JCS]

Thanks Brig, I will do. Better that than rely on 'Speckled Jim' if you remember the Blackadder episode with Melchett's 'delicious plump breasted pigeon'!!

[andy1886]

Had a reply from HFC. It's a long and complicated one but I will try to give the gist and the key points:

 

HFC say that the account was 'aquired on the basis of a renewal account'.

I assume they are refering to the fact that they gave it to a collection agency and then took it back.

 

They say this was done to allow me to make reduced payments (no date given but est late 2005 or early 2006).

 

A default notice was registered on 12 July 2007. They say that no payment was received after March 2008 (sounds about right).

 

Here is the tricky bit:

 

They say that subsequent to the default being issued and following a review by the FOS,

it was deemed that registering a Default Notice on 'Renewal Accounts' to be incorrect.

 

They advise that a further default cannot be issued after the initial one had been withdrawn,

and that the FOS advised that they could only report the continual arrears.

As such they report 6's on the account.

They say this was the FOS advice as of June 2011.

 

I believe this is very unfair.

I have gone from a position of being defaulted in 2007 (which would be about to drop off my record) to being potentially credit barred for ever.

This is in direct disagreement with the ICO instructions that accounts should not show late payment markers as an alternative to a default.

 

Any advice would be very much appreciated once again.

 

Andy

[dx100uk]

that's hfc for you!!

 

dx

[andy1886]

Yup, you could say they are not my favorite people. Question is who is right, the FOS or the ICO?

[dx100uk]

both!

 

neither are forcing HFC to mark the file at all.

 

i'm sure there must be previous background to +6yrs of markers being equal to a default

and the account vanishing....

 

brig?

 

dx

[andy1886]

My main thoughts regardless of who is right legally are:

 

1. The information recorded is incorrect and therefore this is dishonest.

 

2. This is punitive and unfair.

 

3. HFC Bank made the error when placing the original default, I should not suffer potential loss for their mistake.

 

[BRIGADIER2JCS]

To be frank (who's he) the FOS are making statements on data protection and data management which are the province of the ICO personally I would collate all the correspondence and complain to the ICO.

[andy1886]

Thanks again Brig, I've sent a final letter to HFC giving them one last chance to remove the entry before I complain to the ICO.

 

If I do not get a satisfactory reply within the next 7 days then the complaint will go in. I think they've had fair warning.

 

No wonder the poor old consumer gets a raw deal when the agencies responsible can't seem to agree. Thank goodness for the CAG!

[BRIGADIER2JCS]

There has certainly been a considerable number of pronouncement from FOS recently that a lot of us feel are well outside its remit, particularly on data protection and processing.

[andy1886]

It makes you wonder. Are the FOS funded with money from the financial services industry or the public purse?

 

Hopefully the ICO have the mandate to challenge such advice if it comes to that.

[BRIGADIER2JCS]

Both are Quangos .

When the FCA takes over next year there should be some dramatic changes hopefully.

[andy1886]

Quick Update...

 

Just before I started this challenge to the information on my credit file I wrote to HFC to offer a payment plan (I know, I shouldn't have acknowledged the debt but it was the only way I could see to get this off my file at the time). Got a reply on Friday of about 3 lines saying this was unacceptable even though I offered just over £100/mth and the last payment plan in place was for £57/mth - Clearly they don't want this sorted out.

 

No surprise but today I got a letter back in response to my SAR request of approx 17 days ago demanding a copy of photo ID. I did send a copy of my driving licence but made it clear that I wasn't doing so because it was a legal requirement and I believed this to be a delaying or avoidance tactic and any further attempts to avoid their legal responsibilities would be met with an instant complaint to the ICO.

 

Still waiting for a reply on correcting or removing the data on my credit file. As soon as I get that one there certainly will be a complaint going in (unless they capitulate which I doubt based on their responses so far).

[andy1886]

Another update. Experian got back to me today by email to say that HFC had told them to refer me to their previous letter (the one saying that the FOS told them to keep marking my file with 6's rather than another default). So they are not changing the record. Consequently the complaint to the information commisioner's office will be going in tomorrow.

 

A quick question, how long does the ICO take typically to investigate and rule on these things?

[BRIGADIER2JCS]

Approximately 8 weeks, depending on the time the company concerned takes to respond.

FOS has no remit for making this kind of statement which is clearly wrong.

[andy1886]

Thanks Brig, I'm looking forward to the ICO putting HFC straight. If their attitude is typical of the banking sector then it makes me wonder why on earth we bothered to bail them out. Friends in high places I guess.

[andy1886]

Aaaargh!! Is nothing ever straight forward?

 

The complaint is with the ICO as per my earlier message, but today I recieved another communication from HFC Bank.

 

They have written to me to say that my account is being transferred to HSBC Bank on July 6th 2013. They claim that the terms of my contract say that they can do this as HSBC is part of the same group. They also state that the data controller of HSBC Bank will from that date be responsible for my personal data in accordance with the data protection act.

 

1. Can they do this without my agreement?

 

2. Will I now have to resubmit my complaint to HSBC and go through the process again before starting another complaint (or restarting my original one updated with the new account information)?

 

3. HFC still have not responded to my SAR or my last communication regarding my complaint, do they still have to respond or can they now say that I have to contact HSBC?

 

Maybe this is a coincidence but it seems like another delaying/avoidance technique from HFC.

 

Also, I'd be interested to hear if anyone else has had their account transferred like this?

[dx100uk]

1. yes

2.nothing will change

3.they are the same lot, they should have already responded

 

I think this is just a smokescreen

HFC ARE HSBC and have always been so.

[andy1886]

Thanks dx, I will forward this latest letter to the ICO to add to their file and keep counting down the days from the date of my original request.

[BRIGADIER2JCS]

Yes update the ICO.

[andy1886]

Quick update - 37 days after sending my complaint to HFC still no reply from them. They have responded to Experian and Equifax around 2-3 weeks ago but don't seem bothered to reply to me. No sign of the SAR either but I didn't expect that yet anyway. I'm thinking of adding another strand to my complaint to the ICO regarding their lack of a response. Is it worth it or would that possibly delay my complaint further?

[andy1886]

Another quick update, and some information if you're dealing with the ICO.

 

Called them (ICO) today to progress my complaint. They told me that I haven't been assigned a case worker yet (6 weeks) and they are currently dealing with complaints registered in MARCH! So they are taking around 4 months to deal with complaints.

 

So don't expect a quick reply from the ICO (especially with the holiday season coming up).

[BRIGADIER2JCS]

Not surprised really Andy, the amount of manipulation and misuse of data in the debt collection industry must account for a vast proportion of the cases before the ICO.