Debt Collection Agency posted unknown defaulted debt on my credit recordsed

Tony_F

I was contacted in October by Rowland Way/Hoist Portfolio Holding 2 Ltd about a debt to a mail order company about which I know nothing. I did not respond as I am sure this is just a fishing attempt on a debt they had bought i.e. contacting people with the same or similar name as the debtor. But I have now been alerted that they have placed this a defaulted contract against me with the main credit reference agencies degrading my otherwise perfect credit rating. I have disputed this with the agencies & have sent a 'prove it' letter to Rowland Way. My question is how can a DCA place a default on my credit records without any evidence? Also, as this is likely to drag on, can I get the defaults removed from my credit records whist the dispute is ongoing?

Tony_F

Correction: the debt collection agency is Robinson Way.

PaulW922

Tony - the assumption will be that the creditor's data is correct. Whereas I can see that lots of debtors will say they know nothing about a debt when really they are fully aware of it, there is, for others, no easy way to get the bad credit mark removed. You will have to wait for the reply from RW and if you are not successful, or if they don't get back to you, don't waste any time - go straight to the ombudsman. Writing more letters will probably get you nowhere.

Tony_F

Thanks Paul. From the info they've put with the credit agencies it appears the last payment was made in Feb. 2009 which I understand means it becomes uncollectable & disappears from my credit records in Feb 2015. Maybe that's why they're taking this action now. But as it's not my debt I'd like it removed asap. How long should I wait for a reply from RW before going to the ombudsman?

brightonman123

I'd give 3 weeks from your first contact with RW, than do an complaint to Data Protection.. anything heard back from the credit reference agencies?

Tony_F

According to Experian they have up to 28 days to respond to a disputed default. If they fail to respond the default is removed. In the meantime a note will be put on my credit report noting the default is disputed. The other credit agencies have similar policies. So I guess I've done all I can for now & will have to await RW's response if any. Thanks for the advice.

happy_bunny_2

If nothing after 14 days, send RW a written complaint, proof of posting about adding the default when it's not your account.

You can refer to FOs after 8 weeks if they refuse to remove it.

Tony_F

RW has replied to Equifax saying they believe the information they supplied to be correct & suggest I phone them on a Freephone number. I think it's better to follow happy_bunny's advice & keep everything in writing. It looks like this is going to drag on until well after Xmas. Thanks all.

rizla_king

That is why you complain to RW direct and tell them that unless they remove it you will go to the FOS, report them to the ICO, and may considering suing them for defamation http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

Tony_F

Thanks rizla king. That's interesting & very relevant. As the case didn't go to court I guess no precedent was set. I don't have the courage or deep enough pockets to take legal action so I have to plod on down the complaints route (what's the ICO?). I thought the comments of Experian & Equifax "they were happy with their existing procedures for making sure data entries are accurate." & "We test the data before it's added to credit reports, we monitor the data on an ongoing basis and report any discrepancies back to the organisation," were laughable. They put anything on your credit report the DCA tells them to.

happy_bunny_2

Information Commissioners Office. Look after the data protection act.