Proving Debt - 1st Credit

Nonshy

many thanks - will need to find all relevant email addresses.

I had contacted ico and they advised me to send a subject access request but no good when get ignored!

Nonshy

nottoolate - are you joking? i have had 20+ emails with him and he keeps saying they are within their rights!!!

awayinchina

Nonshy wrote: »

nottoolate - are you joking? i have had 20+ emails with him and he keeps saying they are within their rights!!!

accidentally on purpose cc the pompus clown into the email you send to OFT, data commissioners office, all 3 credit reference agencies and "daily mirror" and FOS.
Then wait for a change of heart...


then they will know you mean business.......also mention to all 3 cra that this firm has caused fiancial stress (turned down credit) and stress of not investigating your complaint.
Also bring up subject to access has so far been refused and not supplied. <<this will really get things moving......
Bang as many drums as you can!!

nottoolate

Nonshy wrote: »

nottoolate - are you joking? i have had 20+ emails with him and he keeps saying they are within their rights!!!

(Text removed by MSE Forum Team) Sometimes he also does have a brainstorm and puts things right.

shame you had no luck with him..... yet

all the more reason to start the fos complaint then. that will cost the smug sobs £500 for starters. :cool:

awayinchina

Nonshy wrote: »

nottoolate - are you joking? i have had 20+ emails with him and he keeps saying they are within their rights!!!

use these emails as evidence.......as they have replied it shows they are ignoring....<<makes for a nice weapon

nottoolate

awayinchina wrote: »

use these emails as evidence.......as they have replied it shows they are ignoring....<<makes for a nice weapon

indeed. their head of compliance taking the pee and ignoring legitimate complaints?

one thing for a jumped up phone jockey to do that. but head of regulatory compliance? would look very bad.

Nonshy

You comment that; “given NO DEFAULT notice has been placed against my name on my credit report by the lender (or any lender in that matter) and you are now seeking personal information without this, which is a breach of DPA” . This is not accurate. Defaults and default notices (which are actually different – see below) have nothing to do with Data Protection. They are matters relating to information placed/held on individuals credit files to assist borrowers make informed decisions in respect of lending.

There are considerable misconceptions regarding credit data and a great many persons/websites fail to understand the rules/regulations relating to data held by credit bureaus. For example what is a ‘default’? You may wish to consult the website of the information commissioner who defines a ‘default’ as follows; The term ‘default’, when recorded on a credit reference file should be used to refer to a situation when “the lender in a standard business relationship with the individual decides the relationship has broken down”. A common misconception is that a ‘default’ always refers to the issue of a default notice/termination notice. This is not always the case.

I am of the opinion that the original agreement is irrelevant in respect of a dispute relating to the balance outstanding. Copy statements have been requested to resolve the matter.

We will of course advise you of the original creditors comments as soon as we are able to.

one of bob kingdon's replies

Nonshy

That is not proof of payment. That indicates the account has been ‘settled or closed’”. As previously advised, “ We do not consider the balance on a credit file to be relevant. Some companies at the point of selling a debt may reduce the balance to zero to indicate they themselves are no longer owed monies.

Proof of payment would be a closing statement from the original creditor showing that you had cleared the account in full or details of the cheque that cleared the closing balance. As previously advised our client states;

- Last payment they received from you was on the 23rd February 2010.

- On the 30th September 2011 they registered a default in respect of the unpaid balance of £135.51.

- An arrears notice detailing the balance was sent to you on the 29th February 2012 and following non-payment the debt was sold was sold to us in April 2012.

and another! how can an account be closed for 18 months then a non-payment of debt be registered! the account was closed july 2010!!! i wrote to them, confirming... after phoning them to ask for them to shut the account

nottoolate

if its not your debt in the first place, then all of what he says in that email is irrelevant.

if its not your debt then they are not entitled to put a default on your credit record. full stop. no exceptions. any technicallity about default notices is utterly irrelevent

Nonshy

If Opus have provided us with incorrect information then, I am sure, they will apologise to you.

shows what a nice man he is