Default on credit file

TheBigBad

No, I have never ever had a BT account at all. Until this one appeared anyways

stclair

TheBigBad wrote: »

No, I have never ever had a BT account at all. Until this one appeared anyways

You will have to follow BT complaint procedure and see what they say:

https://bt.custhelp.com/app/contact#h=eyJzdGVwMCI6ImNvbnRhY3RJdGVtTGluazU2NDIiLCJzdGVwSWR4IjowfQ..&s_cid=con_ppc_maxus_vidZ60_T2&vendorid=Z60

Normally when a BT account is opened they send you a credit agreement to sign and return.

So what date did the account start? and what date did you move out of the address?

TheBigBad

The account start date according to Equifax is 16/10/2010.

I moved in with my girlfriend sometime in January 2010. I kept at this address though incase the move didnt work out, we had only been together 4 months. I carried on paying my share of the rent etc.

I OFFICIALLY moved out of that house in May 2011. That was when we moved down to the Midlands and I transferred all my bank statements, bills etc to our new address.

I dont have the old landlords number, and only one of the 3 other people living out the house are still on the same number. He doesnt speak to the other guys either and he no longer has the landlord details.

TheBigBad

I did an online query with Equifax and got the following response:

"Dear xxxx,

Thanks for getting in touch. Your unique tracking number for this query is xxxxxx-xxxxxx. In order to resolve this query, we've contacted the company to examine their data.

This process can take up to 21 days, but as soon as we've got an update, we'll let you know.

You can track the progress of your query on-line at:

https://equifaxuk.custhelp.com/app/account/overview

We'll also keep you updated with the progress of your query, as it happens.

Yours sincerely,

Equifax Disputes Team
Personal Solutions"

So what happens if they do not respond within 21 days? We are now approaching the end of the timescale they stated.

izools

TheBigBad wrote: »

Its from BT and is registered at an old address of mine.

The name on account is mine as is the DOB and it is registered at an address I once lived at. In fact the start date is also within the time frame that I "technically" lived at that address. In January 2010 I had moved out of a house I shared with a few people and in with a girlfriend, as I was unsure if this would last or not, I decided to carry on paying my share of the rent and leave all my bills, bank statements etc registered there. It did last and we ended up moving to another part of the country in mid 2011. It was only at this point that I changed everything over to our new, shared address.

I used online chat with BT, they told me to speak to Equifax. I have filled in their online query form and am awaiting a response.

So do BT have to prove that this account was mine? And if so, how can they do that? You can setup a phone and broadband account online without providing any ID and without signing anything. I am assuming if you setup a BT account over the phone then they would have even less proof as theres no IP address to track back to.

I've had the exact same problem with BT.

They agreed to remove the default twice and did twice, but have re-added it, and now a SECOND default, for a THIRD time.

This is my most recent letter to them:

FAO: Data Controller (BT Retail)
BT Centre
81 Newgate Street
London
EC1A 7AJ

7th February 2013

To Whom It May Concern:

I have written to you twice already regarding your continued breach of data protection and your repeat reporting of accounts that I never held with BT Retail to Equifax. You have admitted that you are incorrect on two basis' and agreed to remove the data and advised that it will not be re-reported.

I now find that for the third time you have once again re-added default data regarding accounts I never held with BT Retail to my Equifax credit file. As you have failed to resolve the system issues that are causing this data to be reported I am taking my complaint against you to the Information Commissioner and will be seeking significant damages for your repeat defamation of character resultant from your blatant disregard for the Data Protection Act.

Originally when I wrote to you on 1st November 2012 the complaint was regarding an account I never opened that you had falsely reported as defaulted. You removed the data but subsequently re-added the data to my Equifax credit file. I wrote to you again on 11th January regarding this breach of data protection and you once again apologised and removed the data from my credit file.

Now I find that for the third time you have added false, inaccurate, and defamatory data to my Equifax file in the form of a default for an account I never opened. You have also added a second default for another account that I never held. I find it fascinating that this second ghost account that I never opened is recorded against an address with a start date of "xx/xx/2008". Fascinating, considering I didn't move to that address until Xx 2009.

I do not recognise these accounts. I never opened them. I never defaulted on any accounts that I agreed be opened with BT retail. You are already aware of this issue, yet three months on you continue to defame my reputation by posting false, inaccurate, and defamatory data on my Equifax credit file. You have now doubled the negative effect your false inaccurate data is having on my reputation by recording two defaults for accounts I never held.

You clearly have absolutely no ability whatsoever to resolve the issues on your systems. You clearly have no ability to make the required changes to ensure that your legal obligations under the Data Protection Act are observed. As reasonably requested and stated in prior correspondence you had reasonable time to resolve these issues however the time has come for me to refer this matter not only to your regulatory bodies but also legal counsel to ensure that appropriate reparation is paid to me to account for the severe detrimental effect you are having on my reputation.

You must respond to me in writing to the following address:

• Mr X X Xxxxxxxxxx, X Xxxxx Xxxxx, Xxxxxx, XXX XXX

You have recorded the false, inaccurate, and defamatory data at the following address:

• XXXXXXX, XX Xxxxxx Xxxx, Xxxxxx, XXX XXX

The false, inaccurate, and defamatory data I refer to is recorded against my Equifax credit file, which is a fresh copy as of today, as follows:

<Removed Personal Data>


As you can see, you have now added not only one but two defaults to my Equifax file on 6th February 2012. One is for an account that you already admitted should never have been opened or reported - you removed it from my credit file twice already - but you failed still to resolve the system issue that is causing the false and inaccurate data to be reported.

The second ghost account is also recorded at XXXXXXX, XX Xxxxxx Xxxx, Xxxxxx, XXX XXX - however this can't possibly be mine as I didn't move in to that address until Xx 2009. This account has a start date of XX/XX/2008. Prior to this I was living with my mother and using her phone line and internet connection - I would have had no use for a BT account at that time, and never opened one at that time.

I am absolutely gobsmacked that you have a system in place that can cause such severe repeat damage to an individual's credit rating and therefore reputation. I am also astonished that despite admitting these issues are your fault and your error, you have not figured out a way to fix the problems.

I trust you are aware that Equifax actually banned you from reporting customer data to them due to the severe inaccuracies you were sending over to them? And that this embargo existed for many years and was only very recently lifted? Did you not think that perhaps you would have to, umm I don't know, fix the issues to save the same thing from happening again?

Well let me make it clear to you this is one data subject that will not stand for his legal rights being trampled upon willy nilly for months and months on end. You have 14 days to fulfil all of the following reasonable requirements I place upon you to save my solicitor from being given further instruction on the matter from me:

• The data will be expunged from Equifax and any other Credit Reference Agency you deal with immediately
• You will explain in full why this error has come about in the first place
• You will also explain in full why your previous actions failed to prevent re-reporting of the data to Equifax
• You will subsequently explain what you previously did incorrectly and what you are doing differently this time to ensure that the data never gets re-reported to Equifax or any other credit reference agency again
• You will also launch a full investigation in to how your system is able to make such mistakes and explain fully to me what measures you will put in place to prevent both myself and other customers from suffering at the hand of your faulty systems in the future
• You will also pay to me by cheque sent to the address of X Xxxxx Xxxxx, Xxxxxx, XXX XXX a suitable sum of compensation to cover the time, stress, and resources expended by me in having to get this matter resolved and a suitable sum to cover the Civil Offence you have committed against me of Defamation of Character. I would suggest a sum in the region of £700 to be suitable to prevent regulatory and legal action being taken

I have enclosed my prior two letters sent to you and actioned by you for your reference.

I look forward to your immediate and full resolution and completion of all matters and requests raised.


Yours Sincerely,

DO NOT PAY THEM.


Raise a letter as the above and they should remove it, then put it back on the next month, so you write to them again and they remove it again, and put it back on again the following month... I wonder when the cycle will stop with me! I've written to the ICO and OTELO at the same time as sending this third letter to them.

stclair wrote: »

Was the BT account in your name?

If the BT account was in your name you would have be liable for any debt on the account.

I have just had a similar issue lived in a house share bill was in my name. My housemate never paid the final bill on its arrival and have defaulted me for a small amounts on my phone line and broadband, these was from accounts which was set up in August 2008.

However having spoke to a nice woman they removed the defaults for me.



https://equifaxuk.custhelp.com/app/answers/detail/a_id/276/session/L3RpbWUvMTM1OTIxNzI4Ni9zaWQvSDZDeTNoaGw%3D

Good luck, you'll have another alert soon enough saying they've been re-added I bet you!

stclair

Yes got it yesterday and it was deleted again today.

Equifax said their has been some technical issues the past few months.

They have refund all my report charges though its not really a big deal.

izools

I don't know, they added a defaut to my EQ file in November.
Removed it in December and re-added it in January.

Removed it later in January but now, on 6th Feb, they added TWO defaulted accounts I never actually opened and a THIRD account that I never completed the order on!

For me this is a big deal, it's a gross breach of DPA, tantamount to Defamation of Character, and is something they failed to resolve months after the issue was raised.

I dread to think how many other people have been affected by this who don't keep an eye on their Equifax file...

stclair

izools wrote: »

I don't know, they added a defaut to my EQ file in November.
Removed it in December and re-added it in January.

Removed it later in January but now, on 6th Feb, they added TWO defaulted accounts I never actually opened and a THIRD account that I never completed the order on!

For me this is a big deal, it's a gross breach of DPA, tantamount to Defamation of Character, and is something they failed to resolve months after the issue was raised.

I dread to think how many other people have been affected by this who don't keep an eye on their Equifax file...

I know it sounds like you've had a nightmare. I hope you get it sorted soon.

I can not hardly complain as the default was genuine in my circumstances.

willLeeds

Does a default get removed from your credit file 6 years after the date the default was committed or 6 years after the date your payed the default off?

izools

Six years after the date of the default, whether or not it has been paid off partially, in full, or not at all.

It will show as a "Satisfied default" once it is paid off however if it is paid off prior to six years elapsing.

In the case of BT though a strongly worded letter tends to do the trick. Sort of.