Proving Debt - 1st Credit

awayinchina

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 would respond:

Under the data protection act recording inaccurate data does breach the data protection act. As your comapny has recorded a defaul on an already settled "closed" account this is a direct breach of the data protection act as the information your company has recorded is inaccurate.
I fail to understand how a person who heads up a firms compliance department continues to ignore a request for relevant data. This action on behalf of the fore said firm is assinnine at best.
Placing multiple defaults in regards one debt is also a breach of:
1) FOS guidelines
2) Data protection

As your defence is "we are within our rights" well I am within my rights to ask for all relevant documentation in regards data held in regards myself by your company. This will include all documentation in regards the so called debt and any relevant documentation you will use to pursue a CCJ. Which I look forward to you company attmepting to gain as I will counter sue for damages.

I do look forward to your continued inept approach which I will also forward to add to the body of evidence against:
1) you
2) your employer

Sleep well and kind regards

Nonshy

thanks - wrote to ico, fos and oft!

i also again sent bob another email showing my credit file ... i will send another with away in china's response!

awayinchina

what you need to do is format and write a letter of complaint to:
1) dca
2) oft
3) FOS
4) Data commissioner
5) credit reference agencies

then email them all together and highlight all your points and the lack of provision of the requested data and all subsequent email responses from the DCA in one massive email/letter.
Then sign all letters EXCEPT THE ONE TO THE DCA

then kick back and wait (there is nothing stopping you persuing legal advice and starting a claim for financial losses in being turned down credit)
As soon as you do all the above the DCA will be £500 out of pocket plus the costs of replying to all the agencies so including man hours investigating and responding you are looking at about £1000+
Seriously, you ca be a massive thorn in their side especially if you involve the press. The amount of time they would have to deal with the press will tie up further man hours.
It would take you about 2 hrs and cost them alot more in man hours.

Have fun!!

Nonshy

thanks awayinchina - very much appreciated!

and all others! i'll keep thread updated.

Nonshy

UPDATE:

Wrote to FOS, OFT, ICO and CRAs

also contacted bob kingdon again who sent me all statements they had... which shows when i closed the account in july with nil balance the credit available shows as NIL... for some reason they produced aug, sept, oct statements which all show zero balance and nil credit available.

No record of where this "debt" came from.

Nonshy

the account numbers for opus who magic up this debt does not even match my easy jet credit card!

!!!!!! you think they'd look at that and think.... hmmmm

Nonshy

ICO now looking at this.

FOS also.

OFT have said they will investigate but can't tell me the outcome... is this normal?

No response from CRAs yet but only posted last Friday.

shedhead55

Nonshy wrote: »

OFT have said they will investigate but can't tell me the outcome... is this normal?

Yes it is normal, the OFT do state that they cannot investigate individual complaints, but what will happen is if they see a pattern of complaints about a particular company then the company will be investigated and if appropriate, action will be taken. Normally the action will involve imposing conditions on, or in extreme cases revoking the companies consumer credit licence, without which they cannot practice.

Nonshy

Our client stated they are unable to provide copies of the statements sent to you during the period November 2010 – April 2011.

Under the terms of our contract with them we have therefore agreed ‘recourse’. ie the debt has been sold back to the original creditor. I have instructed my team to remove all credit data held under our name in respect of this account.

Our client has been made fully aware that you are disputing this debt and the specific reasons why.

We assume that if the original creditor maintains this debt is payable they will write to you.

Please contact me if you have any further queries relating to this matter.

Regards

Mr R Kingdon

Nonshy

Any data held by ‘Call Credit’ will be removed today as we have on-line authority to do so. For Experian and Equifax we are obliged to request the removal via e.mail. In our experience they take approximately 5 days to remove the entry.

Regards

Mr R Kingdon