Old Orange Account - Credit report wrong?, please help

[knapper78]

Hi,

 

I hope someone can give me some advice,

have the exact same name as my dad, on receiving my credit file from equifax i noticed that there is 2 ccj's registered under my name!! these actually belong to my dad,

 

problem is they don't have a date of birth attached to them so to creditors they look like mine,

 

i've worked hard to improve my credit file and now im debt free and would have a good credit file,

 

i contacted equifax and i was fobbed off with fill in an on line dispute, i have done this several times to try and have my mother removed as a financial associate and everytime they tell me that due to system constraints they can't remove her,

 

is there anyone i can complain to or is there another way i can resolve this problem. Can i have my dad removed from my credit file completely?? any help or advice would be great

[jowalshy]

Have you tried going back to the people that placed the CCJ? If you haven't, then this could be another route to go down. Write them a letter and explain the situation. They could possibly contact the court and remove it from your file and attach it to your fathers.

[knapper78]

Hi,

 

I've just received my equifax credit report, in it there is an account with orange for a mobile phone that i got through dial a phone,

 

i was put on the wrong tariff and received a high bill when i investigated it i cancelled the contract due to being mis sold to which orange agreed to do, this was back in 2001,

 

orange put an arrangement to pay on my file and then they have said that it was settled in 2005,

 

i have never had any contact or made any payments since 2001??

 

where do i stand in trying to get this removed and how do i go about it??

[MilkTrayMan]

U will need to contact Orange.

Equifax won't remove it without Orange's say so.

...

[knapper78]

i haven't got an account number or the mobile phone number will that be a problem?? which department would i contact??

[powerful_rogue]

I would SAR them first of all. I find it best to have all the documents in front of me.

Send the the SAR (int he template section) and include dates and addresses they would have registered. They will be able to track your account this way.

[knapper78]

Thanks I'll get on it now

[knapper78]

I've looked around for a s.a.r template but i can only find a bank charges template, is there one for what i'm looking for or could someone help me write one, thanks

[MilkTrayMan]

Start with the basic 'Bank Charges' letter format.

Delete ALL references to 'Bank Charges'.

Insert instead, mention of details that would identify your Orange mobile account + request THOSE details...

...

[powerful_rogue]

This is what I used

Orange Account

s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST

 

 

I request that Orange provides me with all details held regarding my accounts, including, but not exclusively as I require access to all information relating to me as a Data Subject under the Data Protection Act;

 

§ Details of all default charges for unpaid items and fees charged for managing the above account, which I have paid in the last six years

§ Copies of all original service agreements for each account held in my name

§ Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment

§ Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such.

§ Details of logic involved in any automated decisions you made about me, or my accounts with you.

§ Details of all notes held on my account, including telephone calls and all letters sent to me.

 

 

Please note that this is not an exclusive list, as I require access to all information held by Orange regarding me, as a Data Subject under the Data Protection Act.

 

I understand that Orangeis obliged to provide this information under the Data Protection Act 1998. I have enclosed a cheque for £10 to cover the statutory fee that can be charged for this service.

 

I do not have the account numbers of my previous contracts, however I have obtained the following details from my Experian credit report.

 

Name and address:

Date of Birth:

Company Name – Orange

Started –

Settled On –

 

I look forward to hearing from you within 40 days from the date of this letter and before 28th January 2008, in any event.

 

Yours faithfully

[knapper78]

Thanks thats great!! I'll send it today

[knapper78]

I'm having a problem getting incorrect data removed from my credit file,

 

i recently received my credit file from both experian and equifax and noticed that i had 2 ccj's on my file??

 

When i rang the courts they confirmed that they were both my dad's (we have the same name!!) they could see this because of the date of birth,

 

i asked if they could contact the credit ref agencies and add the date of births to the ccj's as they don't display a date of birth on the credit file

 

they advised me that by law they did'nt need to display the d.o.b and to contact the credit reference agencies to sort it out,

 

experian have been great and have sent me out a pack to get them changed,

 

equifax on the other hand have been no help!!

 

I was advised to fill in an online dispute form.

its been two months and the only e-mail i have received is to say that they have closed the query!!!

 

i rang up today to ask for advise and they would'nt speak to me because the ref no off the credit report was expired.......

 

.i was advised to buy another credit report and then to submit another online dispute form!!!

 

I'm not too up on laws but i thought it was illegal to process data that was incorrect, is there anything else i can do???

[Guest grizzleguts]

Hi Knapper,

firstly you need to send a letter of Disassociation to the CRA's, stating the person involved is not you, if they fail to remove the Data, you need to contact the registry trust (the governing body for the CRA's), Experian etc have to give you the correspondence.

 

The problem with complaining to experian etc, is that you say the entry is incorrect, but the issuer says it is, so legally it is your word against theirs,

 

if you log a complaint with the registry trust, it becomes a formal complaint, and the issuer needs to prove your allegations incorrect by supplying proof of debt, and until they do, the entry has to be removed.

 

Here is the telephone number of the Registry trust: 0207 3800133

[knapper78]

Thanks grizzleguts, I'll let you know how i get on

[knapper78]

No joy at the registry trust, i was told to contact the court and find out who issued the ccj's and get them to remove them, i'm going to try this now if they'll speak to me!!

[knapper78]

Ive spoken to both courts who have given me contact details of the two places who have placed these CCJ's on my file,

 

i have spoken to both companies today and they have agreed to add my fathers d.o.b to the ccj's which should take them of my file,

 

i was wondering if there was some kind of letter i could send to them so i have a record of what they are going to do.

[knapper78]

Hi Guy's I need some help.............

 

.I recently received my credit file from experian and equifax i was concerned to see that there was an account with orange on there from 2002,

 

i took out a contract with orange in 2002 through an advert in the paper with the one stop phone shop, they made a right mess of the tariff and i cancelled within 14 days and returned the handset,

 

data on my credit file says that this account was settled in 2005???

 

I rang orange today and after 4 hours i eventually spoke to someone in the credit department who advised me that i owed £190 and that it was passed to debt collection company in 2002,

 

they could not find me?? and so it was passed back to orange in 2005, they then wrote the amount off and settled the account??

 

I explained what happened and was told tough!!!

i should have paid the bill??

WHAT BILL!!

 

the advisor then told me to go back to where i bought it from.

.i already had and was told to speak to orange. she then advised me to write a letter and enclose my credit file and fax them to the credit reference department and they will look at it and remove it. but they probably won't!!!

 

the problem i've got is i can't obtain credit because of this entry on my credit file that should'nt be there.

it won't come off until 2011.

Surly there must be something i can do to remove it.........

 

.can anyone help me?????

[knapper78]

Would i be right in thinking that i would either S.A.R or C.C.A them??? I f so what do next??

[lookinforinfo]

If your phone was sent to you through the post, then the contract usually starts immediately you open the box-and you are made aware of that.

You seem to imply that you had a 14 day cooling off period where you were able to return the phone without charge. Was that part of the contract or are you claiming that the contract was negated by their inability to get their figures right?

 

As you appear to have paid nothing since 2002, you must be coming close to the time where the debt is becoming unenforceable under the Limitations Act,

regardless of what Orange have paid off the alleged debt.

If they have not applied a ccj to the debt, it is hard to see how they can

continue to process any data on you at all since you cancelled the contract so long ago. But after 6 years from when you sent the phone back should surely be sufficient to prevent them from further processing regardless of when they posted their data in 2005.

[knapper78]

Yes I had a 14 day period in which i could cancel, i cancelled the contract and sent the phone back, they have been processing my data up until 2005 so it won't come off my file for another 3 years!! I spoke to orange yesterday and they didn't want to know!! Is there a letter i could send or is there anything i can do..............it doesn't seem right that they can do this to people

[lookinforinfo]

There are two issues involved here.

1] Even if there was a debt, which you dispute, as you have paid nothing since 2002, the debt will become unenforceable after 6 years. Indeed it may be already if you received the phone between the January and the March of 2002.

2]their right to process data about you for a further 3 years.

 

I would be inclined to send them one pound postal order combined with a CCA request, principally to get a copy of their Terms and Conditions at the time [2002].

Then you can confirm that you were able to return the handset within 14 days to cancel the contract. And more importantly, what their regulations were about processing data after the contract was cancelled.

 

It would have been rare 6 years ago for a clause like that to have been included. If that is the case, write and point out that as you cancelled the contract within the stipulated time and the fact that there is nothing in their T&Cs that permit them to continue processing data after the contract has ended, that they delete all references about you with the Credit Agencies.

Failure to do so will result in legal action being taken to force them to remove

the data and admit that you do not owe them a penny.

If you say that, you must be prepared to take them to court otherwise they may not take you seriously.

[knapper78]

It was march the 16th so it has past the 6 years, is there a specific address i should write to or do i send it to the main head office address? Also what happens if they can't find my contract when i send the cca

[car2403]

I don't think there's anything you can do, unless you get potential creditors to search the file with YOUR details and let them know THIS information isn't relating to YOU, but is someone else instead.

 

You could put a notice of correction on the file, but that is less then useless as most creditors use automated methods of credit scoring when looking at the file, so probably won't take much notice of it anyway.

 

Experian require you to have an up to date file before taking any disputes on board - this is clearly wrong and not required under s.159 CCA 1974, under which they operate - but it's not a bad way of wrangling some money out of the minnions, is it? If you have to do another request to kick off a dispute, it might save you some time - just don't let them get away with fobbing you off with standard responses this time?

[2Grumpy]

Write to the CRAs, tell them that the CCJs on your file relate to a person of the same name but different dob, that they can contact the courts to confirm this and that they should sort out your credit file as a matter of urgency before you suffer any more financial loss because of their lack of care in updating it incorrectly.

 

I wouldn't give them clues about where to park the CCJ's - that's their job.

 

Grumpy

[Guest grizzleguts]

Sorry, for being so long to reply, but I spend a lot of time out of this country, Firstly send for your credit file, with the relative company, and complain, if no joy, collate all the correspondance, to do with this case, copy all letters and try one last time to get it resolved through the CRA, if no joy, you can do 2 things, file a charge , either through a solicitor for defemation, or try a complaint through the local county court (if you have suffered financial/personal distress, because of false entry).

For defemation see the defemation act @ Home - Statute Law Database