Credit Reference File Clean Up - Help!

GizmoGary

Hi all,

I am currently in the process of trying to get one of my credit files updated but have run into problems.
I have sent the letter like in the sticky about "Credit Reference File Clean Up" but the company is not co-operating, they want me to contact the company they sold the debt onto to get this resolved. From the letter sent to them (from this site) it states "If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected." I have tried to explain this to the company but they are having none of it. I directed them to the ICO website but this didn't help.
Does anything know where on the ICO website it states that the originator of the information is liable? I've had a look around and can't find it anywhere. If I can direct them to this them I might be able to convince them that they need to sort this out, not the debt recovery company or whatever they might be.

Many thanks,
Gary

fermi

I must admit that that line in the letter has always seemed at odds with the other guidance I know about from the Information Commissioner. I'm not the author, so I don't have the source material.

This is the most relevant example.

From: Technical Guidance Note - Filing defaults with credit reference agencies

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.

The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

That quite clearly states that if the purchaser takes over the record, then it becomes their responsibility for future updates.

In the light of that I would be inclined to take it up with the current maintainer of the record.

fiveyearplan

Sorry Gary, I can't help but I know it is frustrating when people don't do what they should! I went BR in April and am still getting letters from 2 different banks. I'm sick of phoning them so I just put them in the bin now.

I hope somebody comes along with an answer for you.

GizmoGary

Thanks for your replies so far...

fermi, what you have found does help somewhat, but I am reluctant to contact this other party in any way as on my credit file it still lists the debt being with the original company, whereas what you found states the new company should take ownership and have this change on my file.

This new company has had the letter I sent to the original company passed onto them to deal with, in turn they have sent me a letter asking for a copy of my credit file detailing the record that is at fault... knowing what these companies can be like I am reluctant to contact them and send them anything at all, just in case that they use this against me in some way...

not sure what to do at the moment...

fiveryearplan... I've been discharged since 2004 and I still get letters sometimes for debt collection agencies now and again as debt's continue to be sold from one company to another... all I do is send them their letter back with a copy of my bankruptcy petition... never hear back from them

fermi

I see. So neither of them can make up their mind who is responsible. Typical.:rolleyes:

GizmoGary wrote: »

This new company has had the letter I sent to the original company passed onto them to deal with, in turn they have sent me a letter asking for a copy of my credit file detailing the record that is at fault... knowing what these companies can be like I am reluctant to contact them and send them anything at all, just in case that they use this against me in some way...

What do you think they would do with it?

They wouldn't need the whole file, just an extract with the entry in question. I would also send a copy of the letter as well for your records so you can show they have been requested to correct it.

In the end, once they both have the full information required to get it sorted they should be able to work it out between themselves shouldn't they?

If they can't then I would be inclined to include them both in the complaint and let the Information Commissioner "bang their heads" together.

You would need to include copies of all the communications you have had with both in the compliant.

That is just what I would do in your place. (Thank god mine were easy to sort! :cool:)