Can I take legal action against DCA's - Marlins/Lowel/1st credit/aptiv kapital - debts not mine on CRA file

[Peterbard]

It is not a simple error if it has been ongoing for 7 years. It really is as simple as that.

 

 

You consider that this is a conspiracy by the debt agencies and creditors against the OP, that they have purposefully plotted to include incorrect data on his file, to what ends exactly ?

 

I really must cease responding to this thread until the OP comes back

 

signing out

 

Dodge

[renegadeimp]

NO. i consider it a normal DCA tactic that they use against tens of thousands of debtors each and every day/week/month/year. DCA's are well known for pulling tricks like this and refuse to enter into any form of discussion. Link/Lowell for example, regularly use defaults/CCJ's/home visits as a form of blackmail in an effort to force the debtor into paying. If the debtor fails to pay as demanded, then they destroy the credit file. Which stays like that for 6 years.

 

We have seen this hundreds of times and not just on this website, that is why we are arguing against your comments. You seem to be happy in your judgement that a DCA ( or multiple) are allowed to destroy a persons credit file for a debt that isnt theres for 7+ years, then call it a simple error. The same excuse that multiple DCA's use.

[Peterbard]

NO. i consider it a normal DCA tactic that they use against tens of thousands of debtors each and every day/week/month/year. DCA's are well known for pulling tricks like this and refuse to enter into any form of discussion. Link/Lowell for example, regularly use defaults/CCJ's/home visits as a form of blackmail in an effort to force the debtor into paying. If the debtor fails to pay as demanded, then they destroy the credit file. Which stays like that for 6 years.

 

We have seen this hundreds of times and not just on this website, that is why we are arguing against your comments. You seem to be happy in your judgement that a DCA ( or multiple) are allowed to destroy a persons credit file for a debt that isnt theres for 7+ years, then call it a simple error. The same excuse that multiple DCA's use.

 

So you are saying that DCA's intentionally place incorrect markers on peoples accounts even though they do not have an account, in order to do what exactly ?

[renegadeimp]

Who knows. Its well documented that it happens. Dcas rarely ever obey regulation or guidelines. Unless you work for a dca you'll never get the exact reason why they do the things they do.

[miamidancer]

Hi, sorry for butting in on this thread

but if you look at my thread on Simply Be,

they placed a default on my credit reference file in April 2013

and I have been in various payment arrangements with them since 2006.

 

I am waiting for a response from them to see if it was an error

and that they will remove it form my file or have to take it further if it was a malicious attempt to keep it on my file for 12yrs

as it was due to drop off last month.

These companies and DCA's need to be taken to task and dealt with,

I agree it is not easy doing this as they can be so ignorant at times.

[Peterbard]

I'm not even going to bother commenting on this today. I suspect the poor OP may have been driven away by so much crazy advice. I'm on to find places where I can contribute more purposefully. It's been an eye-opener!

[unclebulgaria67]

Who knows. Its well documented that it happens. Dcas rarely ever obey regulation or guidelines. Unless you work for a dca you'll never get the exact reason why they do the things they do.

 

The reasons for these issues is the quality of administration. DCA's from what I have seen don't operate in a very sophisticated way. There are no super duper IT systems that allow full details of debts to be held, with all the relevant documents scanned. If you go to the legal issues pages on CAG, you will seen numerous cases of Lowell/BW Legal taking bankruptcy forward without even having the relevant documents, if the court/defendent wanted to see them.

 

So these mistakes are made due to the quality or rather lack of information. DCA's are geared up to collect money and not to offer customer service to look into any issues. I expect that if you contact them about any credit file issues, they won't have the information to know whether a mistake had been made. They would have to contact the original creditors in some cases to obtain more information about the debtor and then to look into the credit records they had noted a default against.

 

When you have a complaint about a DCA you need to make a formal complaint in writing to their compliance manager, providing details of exactly what the problem is. If they don't resolve your problem you can continue your complaint with the FOS, ICO and CRA's.

[renegadeimp]

If the truth is crazy then so be it.

[Peterbard]

The reasons for these issues is the quality of administration. DCA's from what I have seen don't operate in a very sophisticated way. There are no super duper IT systems that allow full details of debts to be held, with all the relevant documents scanned. If you go to the legal issues pages on CAG, you will seen numerous cases of Lowell/BW Legal taking bankruptcy forward without even having the relevant documents, if the court/defendent wanted to see them.

 

So these mistakes are made due to the quality or rather lack of information. DCA's are geared up to collect money and not to offer customer service to look into any issues. I expect that if you contact them about any credit file issues, they won't have the information to know whether a mistake had been made. They would have to contact the original creditors in some cases to obtain more information about the debtor and then to look into the credit records they had noted a default against.

 

When you have a complaint about a DCA you need to make a formal complaint in writing to their compliance manager, providing details of exactly what the problem is. If they don't resolve your problem you can continue your complaint with the FOS, ICO and CRA's.

 

Yes absolutely

[stockport6]

Thanks all for your advice and time. I am a little confused as to my next step. I suppose the first thing i need to do is get the proof that these are not mine one by one. so which letter would that be? So at the moment I have about 4 on the go that are not mine. Some other pop up at different times.

 

i si this the right approach in your opinion

 

1. Send lette back to DCA asking for the proof that the debt is mine

How long do i wait for a reply?

 

If they do not send me anything or send me something that shows it is not mine what do I do then?

Like I say it is easy to prove who you are but not who you are not. Do i then send the letter (or a similar version of it minus the compensation elements that the Briggadier composed)?

[Peterbard]

Thanks all for your advice and time. I am a little confused as to my next step. I suppose the first thing i need to do is get the proof that these are not mine one by one. so which letter would that be? So at the moment I have about 4 on the go that are not mine. Some other pop up at different times.

 

i si this the right approach in your opinion

 

1. Send lette back to DCA asking for the proof that the debt is mine

How long do i wait for a reply?

 

If they do not send me anything or send me something that shows it is not mine what do I do then?

Like I say it is easy to prove who you are but not who you are not. Do i then send the letter (or a similar version of it minus the compensation elements that the Briggadier composed)?

 

If they cannot confirm that you are the debtor in question they should delete all data, if they do not then escalate to the FOS.

[caro]

I suggest you send the prove it letter for each of them. http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[caro]

If you don't want to spend additional money for postage you could just get free proof of postage.

[phaitun]

didnt mean to hijack the thread sorry

 

OP has been treated very badly by the DCA's. It needs to be sorted properly once and for all.

Their poor treatment of his information and private life is unlawful, without any basis of fact, shred of truth or other such means that should allow such treatment. If after 7 years they haven't got the message its time to take a more forceful approach IMO.

 

If it was a member of the public threatening all these things, letters, phone calls, text messages etc over 7 years i am sure each and everyone would agree there is a sure fire case of criminal harrasment.

 

Ultimately its the OP's decision how to proceed and i see he is sending more prove it letters. This was good advice BTW.

 

I guess these will have the effect of a 3-6 month halt in contact by these rogues before some other poor soul who has been employed by the DCA's is lured into the murky world of harrassment.

 

to OP please keep posting the progress of the matter, as it may help the many others who read this forum to deal with a similar situation.

[ims21]

Thread has been tidied again as there were more posts which served no purpose in helping the OP.

Edited July 18, 2013 by ims21

[stockport6]

Something else i have just noticed. they have put the default against my current addres whiich I have lived in less that 2 years.

The date of default in the CRA file is 28/01/2009.

If you have a default would it not be against the address that you lived at when the account was opened

or defualted or is it where you are when they decide you are the person they are after?

 

I know for a fact they cannot put it against any of my previous addresses as they would not match what it really is?

[stockport6]

Also why would they only put it on Experian and not Experian? perhaps Experian are doing there job properly?

[BRIGADIER2JCS]

Hi stockport many creditors will use a combination of the 3 main CRAs, contrary to popular belief the CRAs do not share data.

 

Also credit file data is on the individual NOT the address .

[stockport6]

Finally got access to callcredit file. Oh jesus !!!!! this could be where the issues are.

 

I have linked addresses that I have never lived at. Default accounts all over the place and even a CCJ !!!!

 

I think i will need to get this cleared up first otherwise they will just carry on coming at me I think..

 

Bizarre that a company call CALL credit asks you to write to them. no number.

[BRIGADIER2JCS]

Ok, Call Credit is not a Major CRA in the greater picture of credit referencing.

 

These linked addresses, the companies placing the entries are the things to be addressed first, despite all else the letter drafted for you is the way to go, polite piffle just wont cut it.

So the notice of disassociation in said letter now has to be expanded to cover the linked addresses.

 

You certainly need to place a notice of dispute on these files asap, so I'll try to find a number for you.

[BRIGADIER2JCS]

Here you go stockport 08453660071

[Peterbard]

Finally got access to callcredit file. Oh jesus !!!!! this could be where the issues are. I have linked addresses that I have never lived at. Default accounts all over the place and even a CCJ !!!! I think i will need to get this cleared up first otherwise they will just carry on coming at me I think.. Bizarre that a company call CALL credit asks you to write to them. no number.

 

I got rid of some linked addresses on my account by a simple compliant via Noddle. It really doesn't take any ridiculous threats that cannot be followed up .

 

Politeness is never wasted IMO.

 

Dodge

[Peterbard]

Finally got access to callcredit file. Oh jesus !!!!! this could be where the issues are. I have linked addresses that I have never lived at. Default accounts all over the place and even a CCJ !!!! I think i will need to get this cleared up first otherwise they will just carry on coming at me I think.. Bizarre that a company call CALL credit asks you to write to them. no number.

 

OK, so you know the full picture which is good. How many default accounts are you talking about exactly? Is each with a different company, or are some with the same company? If so, how many companies are you talking about?

 

The CCJ can be set aside using Form N244 which you can find from this link:

 

http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

[citizenB]

Whilst the CCJ might be on your Credit file, is it actually on the Judgment list..

 

check trustonline

 

http://www.trustonline.org.uk/search-yourself

[stockport6]

After picking myself up of the floor i checked again and it is an IVA not a CCJ. The other thing is on the electoral role section it has two og my addresses and one i have neverr heard of on Birmimgham

 

2 x Marlin

4 x Lowell

2 x Quickquid

1 x Arrow Global

1 x Melgold Ltd (the country garden)

1 x Welcome Finance (13K)

2 x Nat West Bank

1 x Nat West Loans

1 x Orange

 

That doesnt include the settled ones that are not mine that is just the defaults