un1boy vs Experian - Default removal

[un1boy]

And here's my reply:

___________

Thanks for your email. I would like to point out however that my statutory notice explains my concerns that information held by you is inaccurate. The burden or proof lies with you; Both NTL and T-Mobile have failed to supply me with a copy of the alleged original contracts and the alleged Default notices. therefore, as you can understand this information is incorrect. If you cannot provide evidence to prove the information is correct then I require that the information is removed immediately. I would like to take this opportunity to advice you that the timescale stated in my statutory notice still applies.

 

As a data controller you are legally obligated to ensure that information held about is correct at all times; I have expressed my concerns that the information is incorrect. Therefore your continued storage and processing of it can be classed as defamatory.

___________

 

I wonder what they'll reply to that!!

[un1boy]

Just sent this to Experian:

 

__________

As you can see from your records, I have recently received my credit report from Experian. I am writing to ask you formally to remove the following entries:

 

xx, xx and xx.

 

In the cases of xx and xxthe default entries are invalid because I was not sent a default notice for either account. HSBC have failed on various occasions to provide me with a copy of the alleged default notices.

 

HSBC have also failed to send me a copy of the agreement for entry xx and therefore my consent for the processing of information relating to this account does not exist.

 

In the case of xx, the account has been terminated and again T-Mobile have failed to provide a copy of the so my consent for the processing of this particular information does not exist either.

 

I would like to remind you that this data belongs to ME not the companies mentioned in the entries above. If you do not remove the entries in full, I will have no option but to issue you with a statutory notice to desist from processing my data. As a data controller you are obligated under the Data Protection Act to hold accurate data about a data subject, which must have been obtained legally. As I'm sure you can understand, the data for entries xx and xx, has not been obtained legally and the burden of proof lies with you to substantiate all information I am contesting; replying that you can't remove the data because the companies involved have not permitted you to is simply not acceptable. If you cannot provide proof that the information is accurate then you are committing a criminal offence under the Data Protection Act.

 

I require the immediate removal of the entries mentioned above.

 

I have enclosed a copy of a letter sent from Experian regarding the issue of timescales for your reference!

_______

 

I'll post as soon as I get their reply!!

[Guest willowb]

Hummmm I may use this myself;) therefore I subscribe:)

 

Wxx

[un1boy]

lol, thanks willow!

 

I'll let you know how it goes!

[ncf355]

Nice 1 un1!

 

 

[Guest willowb]

hi, sorry to jump in your thread, but i have need some clarification ,

 

if after 6 years, of default date, would an unsatisfied account drop out of the CRA's file ?

Well firstly you have to pay it off for the default to be removed, it will remain for the duration of the debt. Once it is satisfied, the default then stays for the remainder of the six years after the default was issued. That's how I understand it anyway.

 

Wxx

[un1boy]

Well firstly you have to pay it off for the default to be removed, it will remain for the duration of the debt. Once it is satisfied, the default then stays for the remainder of the six years after the default was issued. That's how I understand it anyway.

 

Wxx

 

That's my understanding too..

 

Just emailed the woman dealing with my complaint at Equifax and got an out office reply saying she'll be back on 1/11/2006 - do you think I should wiat, or should I email one of the other people she mentions?

[zonecrew]

I've just sent NTL the LBA for the CCA request I sent as they have not provided me with anything requested!

 

Is this a LBA because they did not reply to the Stat Notice (surlys letters)

 

I havnt sent NTL one (yet), how long did you give them? is there a trmplate?

[un1boy]

No no this LBA is because they have not replied to the request I made for a copy of the application form....there are some templates somewher - I'll try and PM one when I've found one!!

[Donel261]

You will get the usual crap back, we cant do this, we cant do that....

 

Look forward to seeing the reply.

[Lizzy]

You know, after some thinking on this. Personally I would go after the suppliers rather than the CRAs. Not that they don't deserve it but just that it might be simpler. The whole of the CRAs business depends on the outcome of this. If NTL and others were to remove the defaults it is only a little bit of skin off their noses and their business would go on.

 

You have enough to go after them with. No contract, no default notice etc.

 

I know the supplier can ask the CRAs to remove the default and they will at their request. Birmingham Midshires asked the CRAs to remove them and they did for me.

 

I think you would have to be a very legal begal like Surly to take on the CRAs.

 

Have you considered sending the N1 to the suppliers ????

[TheDean]

Isn't an N1 intended to claim damages as well? What would you send if you just wanted the courts involved, the main outcome of which was for the default to be removed from all CRA's? If you note from my thread I have sent Surley's big letter and am still yet to recieve any response...getting worried

[Guest willowb]

Yes, the N1 form is for claiming for a default removal, a non-monetary claim costs £150.

 

Wxx

[TheDean]

To be honest I'm more than happy to pay £150 to get rid of my default, but assuming I'd win then this would be refunded presumably?

[Tinkerbelle]

Yes it will be refunded.

[TheDean]

So,

 

To file an N1 would I have first have to have sent SB's default letter and waited the 21 days (i actually only gave the 5 working days to reply). Once this has passed can I file an N1 on the buggers?

[Tinkerbelle]

So,

 

To file an N1 would I have first have to have sent SB's default letter and waited the 21 days (i actually only gave the 5 working days to reply). Once this has passed can I file an N1 on the buggers?

 

It would be good to enter some dialogue with the organsiation concerned.

 

If you wrote to them giving them 5 days to remove, and then slapped then with a Court Order a few days later it wouldn't look very good in court.

 

Wait until they send you a fob off letter, then send them a Letter Before Action giving then 14 days, then it's court.

 

You should really have given them 21 days in your first letter.

[un1boy]

I am taking Equifax to court to get them to remove all entries that they seem to not accept liability for....and I'm going to get them to explain to a Judge why they think they have no responsibiltiy for the info even though they themselves are data controllers.

[Tinkerbelle]

I am taking Equifax to court to get them to remove all entries that they seem to not accept liability for....and I'm going to get them to explain to a Judge why they think they have no responsibiltiy for the info even though they themselves are data controllers.

 

Have you got as far as filing any claims yet?

[un1boy]

No, not yet Tinks....I've sent the statutory Notice and had a VERY long dialogue with them, but I am just annoyed now....I'll prepared my POC etc and post it for you to check over, if that's ok?!

[Tinkerbelle]

By all means post it, but remember I am no legal expert!

[un1boy]

Hi Tinks, I know thanks......

[Sexy_Em]

Un1boy, does requesting your credit file rom equifax/experian dent your credit rating...

 

and when you write to them asking them to remove defaults, can you ask them to remove these too???

 

Ta

 

Em

[un1boy]

Hi Em....I don't think that it sents your file, don't worry!!

[un1boy]

Just got tihs back:

_________

Dear Mr Un1boy

Thank you for your e-mails received xxx and xx October and xx November 2006.

You should be aware that the letter you have attached [that's the experian one that they wrote to Surly where they admit they have no leagl right to hold the info] concerned the information appearing on another individuals credit report. You will also note that the letter makes no reference to defaulted accounts.

In that letter we were referring to settled accounts and the advice given will vary depending upon the financial payment history of the individual concerned.

Settled accounts would only be retained with your consent as per the terms and conditions you have complied with. As settled accounts have a positive impact on most credit scoring criteria the removal of such an account is only likely to adversely effect the individual to whom it relates.

You will also note that we advised we will not be removing any information without direct authorisation from the company concerned.

The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body.

You should note that for the purposes of rectifying, blocking, erasing or destroying an entry on your report, the Court Order provided should include clear instructions to the Data Controller (either the company concerned or Experian) for them to act upon the courts specific instructions. These instructions are required to satisfy the conditions of Section 14 of the Data Protection Act 1998.

In view of your comments regarding the information being inaccurate, I am writing to the companies concerned for you. This is because I cannot amend your report without their consent. I will let you know what they say as soon as they reply.

While I investigate your comments, I am adding the following statement to the entries you have queried.

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."

I am telling all the companies that have searched your credit report in the last six months of the change to your information. With regards to the issue of your consent, we have recently been in contact with the Information Commissioner in connection with defaulted accounts being retained for six years from the date of default.The Information Commissioner has recently informed us that we do not require your consent to process account information about you.As you may be aware the first data protection principle states that:

Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:

• at least one of the conditions in Schedule 2 is met; and

• 
  
• in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

One of the conditions for processing in Schedule 2 is that the individual has given his consent to the processing. It is the view of the Information Commissioner that consent is not easy to achieve and that organisations should consider other conditions for processing before looking at consent. In the context of applying for credit, consent to share information with the credit reference agencies cannot be freely given. This is because if you do not agree to your data being shared then your application will simply be rejected. In other words you have no choice if you want the credit on offer.The Information Commissioner has notified us that the condition for processing below covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject."

We have been informed that the Information Commissioner takes a wide view of the legitimate interests and considers that it is in the interests of other creditors to make informed lending decisions. The fifth data protection principle states that:

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Account information is held by credit reference agencies for a period of six years after the account was last active. In addition to current credit commitments, the preceding six years of an individual's credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence, this historical information is relevant to the purpose of credit referencing and by holding this data the Information Commissioner has confirmed that the credit reference agencies do not appear to be in breach of the fifth principle.If you have any further queries, please feel free to contact me directly either by e-mail at xxxxxxby telephone on xxxxx or by writing to me at the following address:

____________

 

so, the usual set of testicles then? I will draft a reply and ost it up when I've done. After that, I will issue the stat notice to them then take them to court too! I really want these CRA's to start taking responsibility or theirs obligations as Data Controllers!!

 

My reply will be along the lines of.....i own the data, as a data controller you have an obligaiton to make sure all data is correct, i am telling it is not and they cannot send me proof or anything with mysignature on it, so you're also holding defamatry data....remove or i will issue a notice where they will ahve to supply eveidence or i will take them to court.....the I.C.O's recmmendations are just that, remcommendations and the only one who can rule agaisnt the DPA is a judge, who will have to rule via his interpretation of the act of law, onot the recommendtions of the ico- the judge will also have to rule inline with the EU laws on human rights....

 

I dont have time to do a full one now guys....I'll post when it's done!!