Arrangement to Pay (AP)

green8890

Thanks for reply . both eon and the ombusman both have said that it's a customer service issue . they cant remove it due to its factual information and referred to the document from the ico rules of the Principles for the Reporting of Arrears, Arrangements. After looking into this document it dose state that the guidelines you must be informed if somthing will go on your credit file therefore they surely cant refer to a document that also states that there guidelines to follow and they failed to do so.
I then called the I.c.o myself for advice and they have since told me there has been a breach of data protection and I have the right to be informed under the gdpr guidelines and my information must be processed fairly lawfully and transparently and they have failed to do so.so I have appealed my decision waiting on a reply but still looking for any advice or anything I could use to strengthen my case as mentioned this is so important to me and my family . Ps.eon couldn't find the call and that's one thing all parties agree on the advisor failed us

green8890

Ps. Had they said that £190 would ruin our credit for 6 years then yes we would have found means to pay it the only reason we set up the plan was because we switched suppliers and didn't want to pay 2 utility Bill's in one month if we could aviod it since the bill for a month was £190 and our new monthly cost with bulb is 70

eskbanker

green8890 said:

the document from the ico rules of the Principles for the Reporting of Arrears, Arrangements. After looking into this document it dose state that the guidelines you must be informed if somthing will go on your credit file therefore they surely cant refer to a document that also states that there guidelines to follow and they failed to do so.

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf does seem to leave room for ambiguity - the text you quoted seems to relate specifically to debt being sold or reassigned, rather than being a catch-all for everything:

Should your account be sold or referred to another lending organisation or a debt collection agency, the record(s) provided to a CRA by the creditor/and or purchaser must still be accurate and up to date. In all instances you should be told whether and how the information will be reported on your credit file. 

In terms of the focus of your complaint, it seems to me that updating your credit file was legitimate but telling you that this wouldn't happen wasn't - however, if there is no longer any evidence of this, it unfortunately just comes down to your word against theirs.  Having said that, if all parties agree that the advisor failed you, then presumably should E.ON accept some responsibility and should be willing to offer some sort of compensation, even though reversing the credit file update is unlikely to be viable?

green8890

If theres been a breach of data protection then surely it should be removed 

green8890

It is important that you are made aware when such arrangements are made and maintained, that it will show on your credit file and that whilst arrears may accrue and increase, a default will not be recorded.( this is the guideline in regards to arrangements)

green8890

I have messaged you the ico response 

Willing2Learn

What did the ICO say?
Does that mean you have escalated a complaint to the ICO?
Have you asked your creditors to follow guidance that implies accounts should be recorded as defaulted once you are 3-6 months in arrears?  If the creditor just marks the file as AP, then you are suffering detriment compared to someone who makes no effort to settle an account.

eskbanker

green8890 said:

If theres been a breach of data protection then surely it should be removed 

But even if E.ON have accepted in writing that their employee misled you, that doesn't necessarily mean that the entry on your credit file could or should be removed, as it's an accurate record of what actually happened, as they've pointed out.  I entirely get why you'd see reversal as being appropriate redress and that you would push for that, but it's not clear that FOS and/or ICO would necessarily agree, time will tell....

green8890 said:

It is important that you are made aware when such arrangements are made and maintained, that it will show on your credit file and that whilst arrears may accrue and increase, a default will not be recorded.( this is the guideline in regards to arrangements)

Yes, true, what's E.ON's response to that?  Are they perhaps seeking to rely on these just being guidelines rather than mandatory regulations?
 

green8890

When making my complaint with ombusman I never knew about any of these documents and I also didn't know about ico now I have all this information I have appealed there decision I wasnt happy that I have to basically do the investigation myself and call ico and see what guidelines eon failed us on I thought that was the ombusman job

Willing2Learn

green8890 said:

When making my complaint with ombusman I never knew about any of these documents and I also didn't know about ico now I have all this information I have appealed there decision I wasnt happy that I have to basically do the investigation myself and call ico and see what guidelines eon failed us on I thought that was the ombusman job

If you are stating that you have complained to the FOS, then you have escalated the complaint to the wrong organisation.  You need to be escalating to the ICO office as your query is data-related.  You would be querying the accuracy of data recorded on your three credit files.