CallCredit & MMF default - Refuse to Remove a Default Thats Not Mine

[Rob3770]

Received a letter from MMF stating that they had handed over my debt to Swift Sterling.

 

 

As i have never had any debt or payday loans i wrote to both companies stating a CRN using a template from here.

 

I received no response (back in Sept 2014).

 

I joined Experian and told them to investigate,

they did and informed me it was ID fraud

and the company could not prove i had taken out the loan,

thus the default was removed.

 

The only other credit agency to display this default is CallCredit.

I have told them that this is fraud but they keep saying that they have contacted Swift Sterling and the default is valid.

 

What do i do now?

 

 

I told CC my back story but they don't care.

 

Help pretty please

[WindySock]

Letter before claim to CC?

 

Complaint via the FOS?

[citizenB]

Before embarking on a claim, I suggest you send a Subject Access Request to Swift Sterling.

 

This should give you access to all the information regarding the loan - it might confirm bank details etc. As this isn't your loan then it might present a problem for Swift if they do provide this information and I would have thought, proof that it isn't yours if they don't.

 

Sadly this is going to be long winded as they have 40 days to provide the data and it will cost you £10.00 but at least you will have some information that will help you in court or for a complaint to the Financial Ombudsman if you prefer that route.

[2Grumpy]

Have you contacted Swift Sterling & asked them to substantiate their claim?

[Rob3770]

I have contacted Swift Sterling asking for proof of debt and received no reply, that was 10 months ago.

I have now started a complaint with the Financial Ombudsman but they have replied stating that Swift Sterling are based in Malta and not under their jurisdiction.

 

Help please

[renegadeimp]

If they operate in the UK using a UK credit licence, they are. tell the adjudicator where to go, and get it escalated to an actual ombudsman.

[Rob3770]

If they operate in the UK using a UK credit licence, they are. tell the adjudicator where to go, and get it escalated to an actual ombudsman.

 

An actual ombudsman? That is THE ombudsman who else is there?

[obiter dictum]

Parliamentary ombudsman???

[Rob3770]

I can't believe that I'm unable to get a wrongly placed default removed from my credit file. Where are my rights?

Any company can place a default on anyone's record and they have to fight to get it removed.

[Andyorch]

Inaccurate credit files

 

If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.

 

Write to the agency giving your full name and address. It may also help to give your credit reference file number.

 

Clearly explain what information you think is wrong and why. Provide any proof you have to show why the information is wrong.

Keep a copy of any letters you send. By law the agency must tell you within 28 days of your letter if it has:

 

• removed the entry from your file

• amended the entry; or

• taken no action

 

If the entry is amended, the agency will send you a copy of the amended entry.

 

The agency will also send the details to any lender that has searched your credit reference file in the last six months.

 

http://www.legislation.gov.uk/uksi/2000/291/made

 

Regards

 

Andy

[Mike_hawk]

Following Andy's post above....... this corresponds with CCA 1974 s 159

 

http://www.legislation.gov.uk/ukpga/1974/39/part/X/crossheading/credit-reference-agencies

 

Bear in mind the data controller is the party to any claim for damage, CRA's are pretty much a no go as data processors

 

The way this usually plays out is......... you raise the issue with the processor [Equifax, Experian, Callcredit], it in turn views this as a s.159 complaint and requests a response from its client [swift in this instance], a muppet reading the data at its terminal responds that all is correct, the processor says thanks very much and continues processing, you end up banging your head against a brick wall.

[Rob3770]

Inaccurate credit files

 

If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.

 

Write to the agency giving your full name and address. It may also help to give your credit reference file number.

 

Clearly explain what information you think is wrong and why. Provide any proof you have to show why the information is wrong.

Keep a copy of any letters you send. By law the agency must tell you within 28 days of your letter if it has:

 

• removed the entry from your file

• amended the entry; or

• taken no action

 

If the entry is amended, the agency will send you a copy of the amended entry.

 

The agency will also send the details to any lender that has searched your credit reference file in the last six months.

 

http://www.legislation.gov.uk/uksi/2000/291/made

 

Regards

 

Andy

 

Hi, I have no proof that the default isn't mine. I just know i have never taken out a payday loan ever.

Isn't down to Swift Sterling to prove that i did have an agreement with them?

 

I'm at my wits end with these jokers, my fixed term mortgage expires in December and i have the impression that this default will cost me a decent deal.

[Ell-enn]

If Experian can get the right information to remove the default then why can't Call Credit. Do you have written confirmation from Experian that it's ID fraud? if so you should send a copy to CC asking why they can't get the same answer.

 

You could also write to Swift Sterling giving them 7 days to confirm they have removed the default or you will take them to court.

[silverfox1961]

Hi

Apologies to those who have posted before for my butting in here.

 

Have you placed a notice of correction with CallCredit? If not, it is time to do so. This can be up to 200 words and gives you the opportunity for potential creditors to see your side.

 

CallCredit can only go on what MMF and swift have told them. They contact the creditors and if they say it is correct, it stays.

 

An actual ombudsman? That is THE ombudsman who else is there?

 

At first, this is handled by an adjudicator and they tend to give an initial ruling. If you (or Swift) dispute this it then goes to the Ombudsman him/herself for a final ruling.

 

If you choose to take swift to court, any action the Ombudsman service take will cease so don't rush ahead as yet.

[Rob3770]

Hi and thanks for butting in

 

I will apply for a Notice of Correction with CallCredit today.

 

I will let the red mist die down before doing any more.

 

Thanks

[obiter dictum]

For some reason back in May Motormouth must have had its wrist slapped by the ICO big time.

 

A lot of us including me had our motormouth defaults removed with no notification. I am speculating but motormouth were recording the defaults when they got the account, not when originally defaulted by the original creditor. Quite a few of us also had our old payday loans recorded by motormouth as student loans as well.

 

The point i am making is that Motormouth makes it up as they go along with peoples data. I think you need to be attacking Motormouth direct myself as to exactly what data they passed to swift sterling

[dx100uk]

yes I too feel your target is MMF.

 

 

dx

[Rob3770]

I've just gone over my letters from MMF and Swift Sterling again and it seems that Swift sold the debt to MMF last September 2014.

 

Expirian had a default for MMF - I disputed it asking for proof and it was removed.

CallCredit has a default for Swift - I disputed it but it came back 'All OK it's correct'

 

As they are the same default what should my next step be please?

 

Cheers

[dx100uk]

the oc is entitled to default you

a debt buyer is not.

 

 

prob the answer

typically the oc will default you before they sell the debt on

 

 

dx