wrong info on credit file what can trading standards do

crazyhaggid

I have a default on my credit file that's wrong, I wrote to the company (Cabot) asking for proof but I just keep getting fobbed off. I have also written to experian but I get the same response. this has been going on since December last year.

I then wrote to the information commissioner who took two months to misunderstand my complaint. I am still waiting for their reply from my follow up email. I have since also contacted my local trading standards, who after two weeks also haven't bothered to get back to me.

I'm going to phone them tomorrow to ask them what's happening with my complaint, based on previous experience I'm expecting them to ask me what they're supposed to do about it. So this is my question what powers do trading standards have to have my credit file corrected?

MoneyWasting_Expert

I think we may need to know a bit more background information regarding the default status. I am due to have a default removed via Cabot this month which they have assured me will happen with the next agency update. Other than that I had one default that should have been removed from early 2010 but was on my credit file, Equifax were able to get the creditor to update the file in under 2 weeks since dispute which I know I had paid. I am dissappointed to hear that Experian have not been very helpful especially since this is the line of work which I thought they carried out. Whether Cabot refuse to remove the default or not Experian should be given you a straight answer. No little about Trade Standards but I am sure many will help you out here, Bump!

fermi

Previous thread here I think?

https://forums.moneysavingexpert.com/discussion/3257068

crazyhaggid

fermi wrote: »

Previous thread here I think?

https://forums.moneysavingexpert.com/discussion/3257068

yes this is the same problem still ongoing!

I have spoken to two different mortgage brokers and both have told me that if I apply for a mortgage with the default present I'll get a higher interest rate. I'm getting really frustrated as it seems none of the bodies that are meant to protect the consumer are interested in helping me, hence why I have turned to my local trading standard as I stupidly thought they might sort this out a little bit quicker.

Experian just say, if Cabot say it exists then it exists, I have written them twice now asking them to request Cabot provide proof in the form of the original default letter but they reply without even acknowledging the request.

Can trading standards do anything about this?

crazyhaggid

spoke to a nice guy at my local trading standards who basically told me that this is not their field so they can't do anything, is this correct?

fermi

Can't remember their exact responsibilities, but TS normally only deal with a limited area of consumer complaints/legislation.

The ICO, and in some cases the FOS, are the most appropriate routes to complain through.

You haven't explained exactly what is wrong with the default?

If the debt was sold to Cabot, then they have a right to have the default record from the original creditor switched over into their name.

Is this actually your debt? Did you default on the account?

crazyhaggid

fermi wrote: »

Can't remember their exact responsibilities, but TS normally only deal with a limited area of consumer complaints/legislation.

The ICO, and in some cases the FOS, are the most appropriate routes to complain through.

You haven't explained exactly what is wrong with the default?

If the debt was sold to Cabot, then they have a right to have the default record from the original creditor switched over into their name.

Is this actually your debt? Did you default on the account?

Yes the debt was mine and I have now paid it off, but I have no recollection of ever receiving a default for it

crazyhaggid

I complained to the ICO back in May, they got back to me in June, but totally misunderstood what I was complaining about, I'm still waiting for a reply to the follow up email I sent them. I was hoping that trading standards could be quicker, as we all know that the FOS takes months.

chanz4

When you make reduced pays after 3 months they would of defaulted you, you will not get prime or it removed

Gordon_Hose

If you had a payment plan in place because you couldn't meet the contractual payments, then they are within their rights to default you unfortunately.

Trading Standards can't help with defaults on your credit file. And if the ICO or FOS speak with Cabot at any point they'll see that Cabot haven't done anything wrong, so will just throw your complaint out.

crazyhaggid

Gordon_Hose wrote: »

If you had a payment plan in place because you couldn't meet the contractual payments, then they are within their rights to default you unfortunately.

Trading Standards can't help with defaults on your credit file. And if the ICO or FOS speak with Cabot at any point they'll see that Cabot haven't done anything wrong, so will just throw your complaint out.

Spoke to ICO this morning, what a waste of time. My complaint, I have no recollection of receiving the default, or the threat of one.

Under the CCA you are entitled to be told what you are doing wrong, so you have the chance to correct it BEFORE they can then issue a default. I received neither the warning or the actual default notice, yet there is one on my credit file, as follows:

section 88 of the consumer credit act 1974 as amended states:
88.—(1) The default notice must be in the prescribed form
and specify—
(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it
and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

ICO basically said it's not their job to investigate this sort of complaint, I said to them I thought your job was to make sure information held about people by companies was correct, in this case the default is wrong and there is no evidence to back up (as it was never sent!)


But still the ICO aren't interested.

Looks like its the OFT for me and another couple of months of waiting, still its not like my family have out grown my house and I need to move, or wait that is what's happening.