A question about removing a default

fermi

Also need to bear in mind that this may be on Experian and callcredit as well.

Checkmyfile does not show Experian default info. Only public record data like CCJs and electoral role.

Also see the Information Commissioner's advice here: http://ico.org.uk/for_the_public/topic_specific_guides/~/media/documents/library/Data_Protection/Practical_application/credit-explained-dp-guidance.pdf

The same advice applies to complaining to the ombudsman, but time scales differ slightly.

As you can see, under both the ombudsman and ICO schemes you are perfectly entitled to complain direct to BT, as they are the ones placing the information on your report.

BT are telling fibs and trying to put you off by insisting you go via just the CRA.

I have my credit reference file but some of the information is wrong. What can I do?

If your query is about the accuracy of a CCJ, HCJ or AO in England and Wales courts, and is not about full payment of the debt, you may ask Registry Trust Limited (address and website on page 37) to check your entry with the courts.
If you think the electoral register information on your credit fle is incorrect, you should contact the credit reference agency. If you simply need to register to vote, you should contact your local authority.

If your query is about other credit information, you can write to the lender or the credit reference agency.

If you write to the credit reference agency, it will normally need to contact the lender and ask it to investigate your
complaint.

You may therefore find it quicker to write directly to the lender yourself. This will also save you having to write to each of the agencies that hold this information you think is wrong.

Writing to the lender

• Give your full name and address. It may also help to give any relevant account number or reference numbers to help them find your information.
• Explain what information you think is wrong and why.
• Provide any proof you have to show the lender why the information is wrong.
• Keep a copy of any letters you send.
• Give the lender a reasonable time to reply, say at least 28 days. This will enable it to investigate the problem.
• If you do not get a response, you should send the lender a follow-up letter.

Writing to the credit reference agency

• Give your full name and address. It may also help to give your credit reference file number.
• Clearly explain what information you think is wrong and why.
• Provide any proof you have to show why the information is wrong.
• Keep a copy of any letters you send.
• By law the agency must tell you within 28 days of your letter if it has:

– removed the entry from your file;
– amended the entire; or
– taken no action.

• If the entry is amended, the agency will send you a copy of the amended entry. The agency will also send the details to any lender that has searched your credit reference file in the last six months.

If, after writing to the lender or the credit reference agency, the information is still wrong or your do not get a response, you may wish to contact the Information Commissioner.

See pages 34–36 for who the Information Commissioner is and how to make a complaint.

The credit reference agency has not replied to my letter within 28 days, or it has replied to my letter but taken no action. What can I do?

You can ask the credit reference agency to add a notice of correction to your credit reference fle. You can also write to the Information Commissioner.

What is a notice of correction?

• This is a statement of up to 200 words which you can write. It will be seen by anyone who looks at the entry on your credit reference fle and should be taken into consideration if you apply for credit.
• The notice should clearly and accurately explain why you think an entry on your credit reference file is wrong.
• If the agency thinks your notice of correction is incorrect, defamatory (affecting someone’s reputation), frivolous or scandalous, or is for any other reason unsuitable for publication, it must pass the notice to the Information Commissioner. The Commissioner will then make an order
to say what notice, if any, should be added to your credit reference file.

See pages 34–36 for who the Information Commissioner is and how to make a complaint.

matttye

I wonder what magically changes when Equifax contacts them rather than you?

Seems like a stupid policy that doesn't get questioned enough and becomes so embedded that every worker is told to abide by it even though there's no sense to it.

Bad decisions can be propogated if they're not challenged.

Chickabiddybex

I've got checkmyfile to contact Equifax so hopefully it'll get sorted via that route.


FYI this is what BT have said now:


"I'm sorry that you are not happy with the procedures I have provided you with.
As I have stated in my previous e-mail you will need to follow the instructions I have provided. If you don't we will not be able to chase up your file.
Equifax will only provide the unique ID to the person named on their records for security reasons. If we don't get this unique ID there isn't anyway of us tracing your account. If there was another way of dealing with this enquiry I would certainly exercise the options with yourself but unfortunately, on this occasion there isn't.
I'm sorry if this is not the response you are looking for."

fermi

Pure and complete bullsh!t from BT.

You have complained, so can take it to the ombudsman if required.

happy_bunny_2

Call the ombudsman. I'm sure they will be interested in the BS BT are feeding you...

matttye

Chickabiddybex wrote: »

I've got checkmyfile to contact Equifax so hopefully it'll get sorted via that route.


FYI this is what BT have said now:


"I'm sorry that you are not happy with the procedures I have provided you with.
As I have stated in my previous e-mail you will need to follow the instructions I have provided. If you don't we will not be able to chase up your file.
Equifax will only provide the unique ID to the person named on their records for security reasons. If we don't get this unique ID there isn't anyway of us tracing your account. If there was another way of dealing with this enquiry I would certainly exercise the options with yourself but unfortunately, on this occasion there isn't.
I'm sorry if this is not the response you are looking for."

Dear BT

I wish to draw your attention to the Data Protection Act; namely Schedule 1 of the Data Protection Act.

Can you please explain to me how you are able to fulfil your obligations under the act if you are unable to "trace my account" without obtaining a unique ID from Equifax?

Schedule 1 Data Protection Act, Section (3) - "Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed." - Can you please explain how you are checking that my data is accurate, relevant and not excessive when you claim to be unable to trace my account without information from a third party organisation?

Schedule 1 Data Protection Act, Section (4) - "Personal data shall be accurate and, where necessary, kept up to date." - Can you please explain how you are checking that my data is accurate and, where necessary, kept up to date when you claim to be unable to trace my account without information from a third party organisation?

Schedule 1 Data Protection Act, Section (5) - "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes." - Can you please explain how you are able to ensure that my data is not kept for longer than is necessary for the purposes is which you hold it when you claim to be unable to trace my account without information from a third party organisation?

Failure to answer the above questions adequately, OR to provide me with the information you hold about me, which I have reasonably requested, will result in complaints being made to the Information Commissioner and the Communication Ombudsman.

Yours faithfully


(Name here)

Chickabiddybex

Thanks! I'll keep you posted

Chickabiddybex

I got checkmyfile to sort it and while Equifax were waiting for a response they removed it from my file. But now I see it is back again! And I'm applying for a mortgage too
Arggghh what a nightmare!

I emailed BT saying I will go to the ombudsman unless they actually look into my account details and tell me why it's showing a default. Eugh I hate BT so hard!

Chickabiddybex

Checkmyfile say that all BT have said is that the default is correct and they've passed it to debt collectors! What the hell?!?? BT are ruining my life

How can I even argue my side if they won't engage me?

fermi

Afraid it is typical BT. May well have to go all the way to the ombudsman.