Credit Report: Inconsistent behaviour from the lender?

[Deleted User]

I have now submitted a complaint to the Office of the Information Commissioner:

Dear Sir or Madam,

I note that the Office of the Information Commissioner issued guidance in August 2007 to financial institutions advising them of their obligations under the "Principles of Reciprocity" and agreeing a new, concurrent framework for the reporting of data to Credit Reference Agencies.

As part of this guidance, the ICO advised that inconsistent handling of customers' personal data would breach the 'unfairness' test within the Data Protection Act 2000.

I am emailing to report Abbey National plc for an apparent breach of the DPA under this heading, and to ask the ICO to investigate. Although this is a personal complaint, I believe Abbey's activity is widespread and affects other customers too.

Each month, Abbey passed details of payments I have made on an unsecured personal loan, to both Experian and Equifax. Owing to a problem with their own IT systems - which is currently the subject of an active and separate complaint being looked into by the Financial Ombudsman Services - my payments are not being taken from my bank account on time.

Some months ago (February, March, June), Abbey placed a marker on my credit report noting that I was late with my payment. They have now done this three times in the past nine months. In the other six months they have not, even if payment was made later than in months when the late payment marker was recorded.

Or, in other words, there appears to be no logic as to when they place an adverse payment marker on my credit report: sometimes they classify 7 days as 'late', whereas the next month they may treat 18 days as completely fine.

Ignoring my current complaint with the FSA which - if successful - will remove all these late payment markers anyway, I struggle to see how Abbey can be processing my personal data "fairly" under the DPA by placing late payment markers with Credit Reference Agencies with no clear logic as to when they will or will not be applied. Their current rationale is non-existent: late payment markers have been added when a payment is 8 days late, but not when (in a different month) a payment is 17 days late. I have multiple examples of this happening.

Further, Abbey have placed an "arrangement to pay" marker against my credit reports. The guidance issued by the ICO in 2007 states that an Arrangement to Pay:

"...involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments"

This might be, for example, where a customer can no longer afford repayments and so has been placed on a Debt Management Plan. Neither of these criteria apply to me, however: I have always paid in-full each month and have never missed a payment, nor has Abbey agreed to any reduction in the frequency or total sums payable under my agreement.

I believe this application of an Arrangement to Pay is a purely punative and retaliatory measure from Abbey and as such constitutes the unfair processing of my data as per the DPA. I have never agreed an arrangement to pay with the lender, nor is there a need for one. The AP was added in May: a month in which I paid more promptly and in full.

I would be greatful if you would investigate both of these breaches alongside my (separate) complaint with the Financial Ombudsman Service and I would be happy to provide any further information as required to enable you to conduct your investigations.

I would end by submitting that in determining the 'unfair' nature of data-processing, the inaccurate and inconsistent reporting by Abbey to Credit Reference Agencies is having a detrimental effect on lending decisions made towards me and as such this inaccurate and unfair processing of my data is currently precenting me from accessing a mortgage, despite managing my credit facilities in an exemplary manner to-date.

[Deleted User]

More shambles:

15:42: Another phone call from Abbey Collections demanding payment. I explained I had paid at 11am this morning.

Again.

jonesMUFCforever

Why can't you pay by direct debit?

[Deleted User]

jonesMUFCforever wrote: »

Why can't you pay by direct debit?

Did you not read my original post?

I used to - but changed the account from which the direct debit came (cancelled the old one) and have requested direct debit mandate forms around 15 times...

Wutang_2

Whats this all about? Its like a biography...

[Deleted User]

Sorry for lots of long posts.

I'm having a complete nightmare dealing with Abbey. Basically, I have a personal loan with them, but whenever I phone up to pay (and I can't pay by DD because they won't send me the forms - and I can't pay by post because there's no printed statements - and I can't pay online because that facility doesn't exist) their staff keep refusing to accept payment because their system shows that I do not have any payments due, even when I do.

The only time their system shows that a payment is due is anywhere between 5 and 20 days after the due date, by which time it's in collections and they've marked my credit report with a late payment.

When I call to pay, they tell me I don't need to.

When I do pay, they tell me I'm up-to-date, but then I receive further harassing phone calls saying I'm behind (having just paid) and demanding further payment.

Just to append a little note to yesterday's festivities, I paid my bill in the morning and received 8 phone calls in the afternoon from Abbey Collections, demanding an immediate payment for...February!!?!?!?!?!?!

Anyway, I just wanted somewhere to rant where I could tell others what a useless and incompetent organisation they are.

The FOS are now handling my complaint, as are the Office of the Information Commissioner.

[Deleted User]

Great news!

Abbey have admitted full responsibility and have removed all late payments and arrangements to pay from my account. I got a call from them on Saturday confirming this and apologising for the way I have been treated.

I'll post further later.