Experian Report Default ----- Legal Help Anyone??

garyclay · 10 August 2005 at 8:44PM

Hello,

I recently got hold of my credit report and found a company called Aktiv Kapital were listed as registering a (settled)default against me.

I contacted them and they said it related to a credit agreement with Northern Upholstery. I had been contacted out of the blue by a debt recovery company about an outstanding balance over a year ago which I paid immediately. I had not received any letters about this debt and checked and made sure that the Direct Debit was still set up, which it was. I was a little confused by the appointment of a debt recovery firm but thought this would have been the end of the matter, as I was assured by the debt recovery representative. Little did I know about the default.

After discussing the matter with Aktiv Kapital they said they could not remove the default as it was registered by First National Tricity Finance (called Lombard Tricity when I took the finance) prior to their legal assignment and told me to contact them.

I managed to get the correct address from Experian and contacted FNTF but despite two letters never got a reply.

I then contacted Experian who said they would investigate but instead simply asked Aktiv Kapital who told them that as far as they were concerned it was correctly registered. They said they aren't able to contact FNTF as they are no longer shown as the creditor.

Experian have told me there is nothing else they can do, and that all I can now do is contact Trading Standards.

Is this really the case????????? My credit worthiness looks set to be destroyed for 6 years and I cannot even get the company concerned to reply to me!

What do I do???? Am I really shagged or will Trading Standards sort it all out for me?

tinalives · 10 August 2005 at 8:48PM

Surely that's ridiculous - because that would mean anyone could enter a default on your file and insist it was correctly regisered if it was 'investigated' ???

garyclay · 10 August 2005 at 8:58PM

The problem according to Experian is that despite the fact that FNTF registered the default they then passed the account to Aktiv Kapital.

Aktiv Kapital cannot give me any information of letters sent, payments, etc as they did not have anything to do with the account at the time. Nor will they deal with FNTF and tell me it's my problem!

Experian say they are legaly entitled to deal with the company listed against they debt so cannot contact FNTF about this.

I thought it all sounded fishy but they tell me this is the legal position.

tinalives · 10 August 2005 at 9:01PM

garyclay wrote:

The problem according to Experian is that despite the fact that FNTF registered the default they then passed the account to Aktiv Kapital.

Aktiv Kapital cannot give me any information of letters sent, payments, etc as they did not have anything to do with the account at the time. Nor will they deal with FNTF and tell me it's my problem!

Experian say they are legaly entitled to deal with the company listed against they debt so cannot contact FNTF about this.

I thought it all sounded fishy but they tell me this is the legal position.

Well in that case I could well be in the same situation as you with Thames Credit - they have nothing to prove the debt is mine and yet have registered a default on my credit file - but I was under the impression that I would be able to get it removed by experian too!!!!!!!!!!!!

tinalives · 10 August 2005 at 9:04PM

Do Aktiv have any paperwork to prove that the default relates to you? ie signed credit agreement?

crossleydd42 · 10 August 2005 at 9:11PM

If all else fails, you are entitiled to get Experian to put a disclaimer explanation against your name. It's not perfect, but better than nothing. You have no redress against Experian, because they are only replicating information others are feeding them. Some years ago, my wife was refused a new credit card. It transpired that Littlewoods had sent her a bill for 97p which she'd never received. As they did not send reminders for such small amounts, she was blacked without even knowing it! Mail order companies need great watching as their debt collection companies have different names, but are embedded within the company. They will black you at the drop of a hat!

eurows · 10 August 2005 at 10:06PM

Unfortunately a default on your file can only be moved by the company that put it there. I find it scandelous that there are no regulations attached to registering defaults on your file. You truly are at the mercy of these companies. I have had a similar situation and despite all my best efforts cannot get it removed.

This really owt to be taken up with someone.

tinalives · 10 August 2005 at 10:13PM

That's absolutely ridiculous! I was sure that Experian had the power to remove incorrect information from your file. I thought that when they say they will 'investigate' it meant that they would require some form of evidence from the company in question that the information is correct ....

not..

'Did you file this default?'

'Yes'

'Is it correctly registered?'

'Yes'

'OK then, we believe you'

!!!!!!!!!!!!!!

Alfie_E · 10 August 2005 at 10:15PM

You have the right to appeal to the Information Commissioner. Look at the very end of the Experian booklet Your credit report explained. Ignore the part about Notices of Correction. Both Experian and Aktiv Kapital have a legal duty under the Data Protection Act 1998 to take reasonable steps to ensure all the information they hold is accurate. Aktiv Kapital don't seem to have acted reasonably. You can also look on the website of the Information Commissioner's Office.

You could also take Aktiv Kapital to county court yourself, under the Data Protection Act. It's greater use might be that, if you were ever to go back to Aktiv Kapital, you can tell them you would consider taking them to court, if they don't investigate properly. Richard Colbey, Guardian Money's tame barrister, considers that you could even pursue a case of libel. See, When they libel our rating.

The only slight problem I see is that you paid the debt recovery company without disputing it. They could use this as evidence that you acknowledged the debt. On tinalives' point, the absence of a signed credit agreement doesn't, in itself, mean the Information Commissioner would rule in your favour.

Edit: I would have thought that the Citizens Advice Bureau would be a better source of help than Trading Standards.

tinalives · 10 August 2005 at 10:22PM

[/QUOTE]On tinalives' point, the absence of a signed credit agreement doesn't, in itself, mean the Information Commissioner would rule in your favour.

Thanks for the useful info alfie. Sorry, I should have said that I was asking the above for my information really, to see how garyclays situation relates to mine.

garyclay · 11 August 2005 at 9:13AM

Thanks. I am trying Trading Standards & Imformation Commissioner. I will also keep you posted as to what happens.

I think if all else fails I'll try a solicitor as having this thing over me for the next six years is going to mean car loans, mortgages and the likes are all going to be sky high as no prime lender would touch me.

On the point of a notice of correction, they are no use. Prime lenders use a computer scoring system that reads the info on your file automaticaly. As soon as a default is spotted it kicks the application out. This enables them to process thousands of applications a day.

The only people who would read NOC are sub prime lenders who use a more personnel approach. However these people cost money and the companys customers are generally less credit trustworthy so the interest rates do reflect this.

Experian Report Default ----- Legal Help Anyone??

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