How to remove false default by Virgin Media from Experian?

Mokka

We are currently trying to get a mortgage and 2 days before my appointment with a mortgage advisor my partner discovered that his Experian file was ruined by a default from Virgin Media dated from over 5 years ago. This default wasn't there a month ago- Experian claims that Virgin Media just registered a whole load of defaults recently.
It is very clear even from the credit file itself that the default is not his: it is registered at an address he never lived at (his former neighbour). He settled his final payment to Virgin Media in April 2008 and this is noted on his credit file. The default is for September- November 2008- he moved away from the area in May 2008.
It can't be some outstanding payment as he had his mail redirected for 6 months.
It would look like a classic case of identity theft, if it wasn't for the fact that the default is for £27- I don't think a fraudster would go through all the trouble for such amount.
We contacted Experian and they are refusing to correct the file.
It is completely impossible to get anywhere with Virgin over the phone- I am beginning to think they do such 'mistakes' deliberately to earn money on their premium-cost numbers.

We will need to write to Virgin (and Experian).

How long should we give them to respond?

What should we say in these letters?

Time is of essence here as we might miss the boat with buying our flat- the clock is literally ticking!

Any ideas would be greatly appreciated.

MrSilk

I'd get Experian to contact Virgin media to question the validity of the default in question.

May be a good idea if your OH checks with Call Credit and Equifax too.

He can register with noddle.co.uk to view his Call Credit file for free.

happy_bunny_2

Also complain in writing to Virgin media, as quite often the CRA will ask Virgin who will say its correct and the CRA believes them.

Mokka

After reading all the entries on this forum it is clear that:
Virgin Media has acted unlawfully:
1)they were not allowed to record inaccurate information about my partner
2) they were not allowed to register the (alleged) default without informing my partner
3) they were only allowed to register the (alleged) default 6 months after it occurred. They recorded it 5 years 6 months after it (allegedly) occurred
Experian also acted unlawfully for the same reason 1) and this should not have passed their quality control- as the address is clearly wrong.

What is also galling that my partner is forking out some £13 a month for Experian to inform him about any changes to his credit report, but there was no alert from Experian about this. If they alerted us after recording this default we would have had more time to deal with it. Will be chasing Eperian representative about this! (We've already made formal complaints- no response!)

rizla_king

Experian will deny that they can do anything about it.

As you say though, they have a duty of care to quality check the data provided to them, and to remove incorrect data if it is brought to their attention that something is obviously incorrect. When it is clear that something is incorrect then the excuse that "we only report what the creditor provides" no longer washes. The duty to report correct or remove incorrect data fall back on the CRA 100%.

Experian and the other CRAs tell people lies that they can't remove incorrect data, but it is simply not true.

Experian_company_representative

Mokka - sorry for your trouble. Please send details into our [EMAIL="CustomerRelations@uk.experian.com"]Customer Relations team[/EMAIL] and they will take this up for you. The CreditExpert alerts are weekly so perhaps it's in the pipeline.

Thanks
James

fermi

Something the Experian Rep posted a while back which stuck in my mind......

http://forums.moneysavingexpert.com/showpost.php?p=55103077&postcount=15

Experian_company_representative wrote: »

We do have to consult the lender as they own the data. Under the DPA they are the data controller and we're the data processor. We do have the sanction of removing data from our CRA if we continue to have serious concerns about its accuracy following a dispute. Not a common occurrence though.

James Jones

JimmyTheWig

Mokka wrote: »

Time is of essence here as we might miss the boat with buying our flat- the clock is literally ticking!

How is the rest of your mortgage application looking? E.g. are you right up to the limit on affordability or loan to value? Is the rest of your credit report clean, or are you just scraping in?

The reason I'm asking is that I can't see a £27 default to a non-financial company over 5 years ago having that much impact on a mortgage application.
I might be wrong, though!

And, either way, it's not a reason not to get it corrected.

Buzby

Mokka wrote: »

After reading all the entries on this forum it is clear that:
Virgin Media has acted unlawfully:
1)they were not allowed to record inaccurate information about my partner
2) they were not allowed to register the (alleged) default without informing my partner
3) they were only allowed to register the (alleged) default 6 months after it occurred. They recorded it 5 years 6 months after it (allegedly) occurred
Experian also acted unlawfully for the same reason 1) and this should not have passed their quality control- as the address is clearly wrong.

What is also galling that my partner is forking out some £13 a month for Experian to inform him about any changes to his credit report, but there was no alert from Experian about this. If they alerted us after recording this default we would have had more time to deal with it. Will be chasing Eperian representative about this! (We've already made formal complaints- no response!)

Some of your assertions need clarifying:
1) they are allowed to record any information they hold about your partner and pass it to a CRA, as his permission to do this was given. As to whether it is accurate or not, that is a different matter. If they provide evidence to support this, then it stays. If they are unable to, then they have to remove it. There is no 'illegality'.

2) this is not a debt regulated by the CCA, so there is no requirement for a default notice to be sent. The onus is on him to pay outstanding bills, or prove he was not contracted to them. However, if he did not terminate properly (and with notice) then it is quite possible the debt is correct. Only VM can confirm either way.

3) there is nothing that states a supplier only has 6 months to record a default. The date they decided to record it can have various reasons why it took so long - skip tracing (for example). It may also be incompetence, but that is a matter between you and them.

Experian have not acted unlawfully - they take the data recorded by their client and add the details to the relevant file. WHAT 'quality control' ? They cannot judge - and as for the address, people move. Only the name and DoB has relevance.

rizla_king

Buzby wrote: »

Experian have not acted unlawfully - they take the data recorded by their client and add the details to the relevant file. WHAT 'quality control' ? They cannot judge

Experian's site

Making sure information is accurate

Making sure information is accurate is extremely important to lenders,
consumers and credit reference agencies. As we have already explained,
the information we hold is mainly a copy of information held elsewhere
by local authorities, other official organisations and lenders.

But while we depend on lenders and
other organisations to provide correct
information, we accept a duty to do
everything possible to make sure that the
information we hold is accurate.
Quality-control checks are built in at every
stage of our work, from when we first receive
information to when we pass it back to lenders.

When lenders first send us this
information, it goes through more than 200
tests to find any inconsistencies or obvious
mistakes. We then test it regularly after
that.

Every six months, credit account
information goes through a full set of
quality tests, as though it had been
sent to us for the first time.

Anoneemoose

[QUOTE=Buzby;

2) this is not a debt regulated by the CCA, so there is no requirement for a default notice to be sent. The onus is on him to pay outstanding bills, or prove he was not contracted to them. However, if he did not terminate properly (and with notice) then it is quite possible the debt is correct. Only VM can confirm either way.[/QUOTE]

No good at quoting but OP says that the default is registered at the wrong address (next door to where their husband used to live) AND that another account in his name is actually showing as settled.

So should it not be VM who provide proof that the information that they hold is accurate?