Experian Credit File

gazfocus

never-in-doubt wrote: »

see here: Obtaining your Credit Record

(Post 1.) - 0844 481 8000

thanks however that's an automated service and cannot get through to a human being

never-in-doubt

Experian
Landmark House
Experian Way
NG2 Business Park
Nottingham, NG80 1ZZ
United Kingdom

Please note, if you want to phone us to order your credit report, please call 0844 481 8000

For business or any other enquiries:
Tel: 44 (0) 115 941 0888

CreditExpert contact details are:

CreditExpert
PO Box 7710
Nottingham
NG80 7WE
Tel: 0800 656 9000

Taken from: http://www.experian.co.uk/www/pages/home/contact_us_main.html

gazfocus

Thanks, I managed to find the switchboard number

Jamesf81

Hi

You might aswell bang your head gainst a wall rather than talk direct to the CRA's. They have the attitude of they are right the consumer is always wrong.

What you need to do is contact the original creditors and see who is the legal owner of the debt. Either them or have they sold it on to the DCA's who are adding the default.

Then you need to find out who agrred to take control of the data, ie who will report it to the CRA's. Once it has been determined who is responsible for adding the data then it is them who have the right to add data to your credit file.

The other company must remove it.

never-in-doubt

Jamesf81 wrote: »

Hi

You might aswell bang your head gainst a wall rather than talk direct to the CRA's. They have the attitude of they are right the consumer is always wrong.

What you need to do is contact the original creditors and see who is the legal owner of the debt. Either them or have they sold it on to the DCA's who are adding the default.

Then you need to find out who agrred to take control of the data, ie who will report it to the CRA's. Once it has been determined who is responsible for adding the data then it is them who have the right to add data to your credit file.

The other company must remove it.

gazfocus wrote: »

I received my experian credit report this morning and I don't really understand it so would really like some advice.

Under the credit agreements section, it has each of my defaults listed twice. Is this normal? I've never had one from experian before and equifax only list these things once so could anyone advise?

Thanks

The entries are correct .

Company 1 (original creditor) registers a default and sells the debt by assignment to company 2 (DCA). The DCA then takes over ownership and the OC's default would in essence become settled from the date of assignment, with a new default registered the same day. However, the actual default date should be that of the default, i.e. the same as the original default placed by the original creditor.

This means there will be 2 default entries, the first will be in relation to the OC and will show 'settled' with a £0 balance and the second default will be from the DCA with a default status and the balance that would be outstanding.

Make sense?

Basically, the OC should take ownership of the default or be held to prove they followed assignment rules correctly. Defaults in this manner are issued under what is known as s.87 & s.88 of the CCA(1974).

I'd suggest reading my thread here - it gives some good tips: Invalid Default Notices - Default Removal

gazfocus

never-in-doubt wrote: »

The entries are correct .

Company 1 (original creditor) registers a default and sells the debt by assignment to company 2 (DCA). The DCA then takes over ownership and the OC's default would in essence become settled from the date of assignment, with a new default registered the same day. However, the actual default date should be that of the default, i.e. the same as the original default placed by the original creditor.

This means there will be 2 default entries, the first will be in relation to the OC and will show 'settled' with a £0 balance and the second default will be from the DCA with a default status and the balance that would be outstanding.

Make sense?

Basically, the OC should take ownership of the default or be held to prove they followed assignment rules correctly. Defaults in this manner are issued under what is known as s.87 & s.88 of the CCA(1974).

I'd suggest reading my thread here - it gives some good tips: Invalid Default Notices - Default Removal

After speaking to Experian today, they told me that once a DCA buy the debt from the OC, the OC's default is removed completely and replaced with one by the DCA but with the same details (start date, amount) as the original default. It is not possible to have 2 defaults for the same debt.

The reason why I had duplicates of my debts was because the address that they are registered to was on my credit report twice.

As for Jamesf81's comments, you are totally wrong. I found them to be extremely helpful.

never-in-doubt

gazfocus wrote: »

After speaking to Experian today, they told me that once a DCA buy the debt from the OC, the OC's default is removed completely and replaced with one by the DCA but with the same details (start date, amount) as the original default. It is not possible to have 2 defaults for the same debt.

The reason why I had duplicates of my debts was because the address that they are registered to was on my credit report twice.

As for Jamesf81's comments, you are totally wrong. I found them to be extremely helpful.

That is correct, you cannot have two defaults for the same debt but in most cases you'll find the duplicate entry from the OC does exist especially if assignment has not been properly executed - that said, its not quite as simple to get the duplicate removed because it is still the lenders decision to remove it or not as they are the ones that would be held liable for any libel claim made - not the data processor (CRA)....

However, if Experian are saying they will remove the duplicate entry then great - that's a real bonus..... :T

Jamesf81

The ‘sale’ or assignment of debts on defaulted accounts

[FONT=Arial,Arial]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.[/FONT]

[FONT=Arial,Arial]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. [/FONT]

[FONT=Arial,Arial]54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as [/FONT][FONT=Arial,Arial]zero. The customer should still be told who the debt has been sold or assigned to. [/FONT]

Is this not what i said? I suggest if you dont want correct advice then dont ask for it.

What they have told you is wrong. The entry can only be replaced if the DCA has legally bought the debt and they have agreed with the OC to process the data otherwise it is the OC's responsibility.

never-in-doubt

Jamesf81 wrote: »

Is this not what i said? I suggest if you dont want correct advice then dont ask for it.

What they have told you is wrong. The entry can only be replaced if the DCA has legally bought the debt and they have agreed with the OC to process the data otherwise it is the OC's responsibility.

Actually no, you never said that thus I even quoted your post and trust me matey, I do understand defaults! As for the clever remark about getting advice, maybe Gaz has realised that your post wasn't helpful to start - less of the cockiness thanks......

As I originally stated a duplicate can exist and they do exist, you quoting parts of acts doesn't mean anything - at the end of the day for a civil case to take the OC or DCA or CRA to court it will cost thousands and as a result, the CRA's leave incorrect data outstanding knowing you won't take it further.

Bottom line, as my previous post explained in detail - Company 1 (original creditor) registers a default and sells the debt by assignment to company 2 (DCA). The DCA then takes over ownership and the OC's default would in essence become settled from the date of assignment, with a new default registered the same day. However, the actual default date should be that of the default, i.e. the same as the original default placed by the original creditor.

This means there will be 2 default entries, the first will be in relation to the OC and will show 'settled' with a £0 balance and the second default will be from the DCA with a default status and the balance that would be outstanding.

gazfocus

Jamesf81 wrote: »

The ‘sale’ or assignment of debts on defaulted accounts

[FONT=Arial,Arial]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.[/FONT]

[FONT=Arial,Arial]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. [/FONT]

[FONT=Arial,Arial]54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as [/FONT][FONT=Arial,Arial]zero. The customer should still be told who the debt has been sold or assigned to. [/FONT]

Is this not what i said? I suggest if you dont want correct advice then dont ask for it.

What they have told you is wrong. The entry can only be replaced if the DCA has legally bought the debt and they have agreed with the OC to process the data otherwise it is the OC's responsibility.

Thanks never-in-doubt, your advice is sound. However, Jamesf81, I apologise if you thought I was being rude. My comment saying you were totally wrong, was in response to you about the CRA's being unhelpful - I wasn't saying your advice about how defaults worked was wrong.

In my case, the duplicate entries were NOT due to the defaults being sold, they were due to my previous address being on my credit file twice, therefore when they did the search, it should everything for that address twice (if that makes sense). Therefore, what they have done is removed the 2nd entry of the address so now it will only show the defaults once.