Out of date information held by credit refenence agencies/degt colletion agencies

Bananasplitz

I bought a house, as a bank sale in November 2015. The former owners of the property immigrated and felt behind debts on credit cards, loans etc. as well as the bank taking back the house.


For the last, almost, two years debt collection agencies have been writing to the previous owners demanding payment. At the beginning I returned the mail unopened stating the named persons do not live there, this resulted in a county court judgement being taken out against my home and was very stressful. I now open, scan and email the correspondence back to each company asking them to stop sending it and to update their records.


I complained to the last company and was told that it’s not their responsibility that the information they hold isn’t relevant, it’s the responsibility of the credit reference agencies, who hold the information and if I want the correspondence to stop I should write to them. I wrote to the big 3 reference agencies in the UK and have been told, in turn, that it’s not their responsibility, that I should not open mail addressed to another person and that my credit rating won't be affected.


My question is are there regulations, process, laws that both the debt collection agencies/credit reference agencies should adhere to with regards the information they hold and how it is used? And, as I respond to each letter and no notice is taken of my correspondence is there a regulatory body that I can escalate this to?

[Deleted User]

CCJs aren't applied to addresses. They're applied to individuals.

Other people's debts won't affect you. That's why the CRAs aren't taking any notice of your correspondence.

If anything erroneous appears on YOUR credit file, then you should dispute it and have it removed.

Destabilising

I thought a CCJ was taken out against a person, not an address.


They are right in the sense that your credit rating won't be affected by this, and if they send anyone to your door, you can clearly show them that these previous occupants no longer live there. You've done your part, all you can keep doing is complaining really.

System

Bananasplitz wrote: »

I complained to the last company and was told that it’s not their responsibility that the information they hold isn’t relevant

They are right. Under UK law they only have to use the last known address they have on their records as contact details for any legal action or debt recovery action. If a debtor doesn't notify them of a change of address they are not doing anything wrong or unlawful by continuing to send correspondence to the old address.

sourcrates

First, contact whoever is sending the letters and ask to be taken off their records. You may have to do this several times if there are several debts. If the letters or calls persist you have several routes of complaint.

If it is a debt collection agency that belongs to the Credit Services Association (you can check on its website), you can raise a formal complaint with the CSA. Or alternatively you can contact the Information Commissioner’s Office, which oversees companies’ compliance with the Data Protection Act 1998. As such it can investigate complaints relating to any misuse of your personal data.

If the debt collection has moved on to a civil enforcement officer (or court bailiff) then contact the Civil Enforcement Association. But if it is a debt collection in relation to a credit agreement such as hire purchase, payday lending or credit cards, you need to contact the Financial Ombudsman Service.

The debt collector you spoke to was wrong, you need to contact the compliance officer, or compliance dept, of the company concerned, and get them to remove your details from there systems, its best to do this in writing, enclose evidence of your identity.

tenchy

sourcrates wrote: »

First, contact whoever is sending the letters and ask to be taken off their records. You may have to do this several times if there are several debts. If the letters or calls persist you have several routes of complaint.

If it is a debt collection agency that belongs to the Credit Services Association (you can check on its website), you can raise a formal complaint with the CSA. Or alternatively you can contact the Information Commissioner’s Office, which oversees companies’ compliance with the Data Protection Act 1998. As such it can investigate complaints relating to any misuse of your personal data.

If the debt collection has moved on to a civil enforcement officer (or court bailiff) then contact the Civil Enforcement Association. But if it is a debt collection in relation to a credit agreement such as hire purchase, payday lending or credit cards, you need to contact the Financial Ombudsman Service.

The debt collector you spoke to was wrong, you need to contact the compliance officer, or compliance dept, of the company concerned, and get them to remove your details from there systems, its best to do this in writing, enclose evidence of your identity.

This is presumably a joke?

KittenChops

Tarambor wrote: »

They are right. Under UK law they only have to use the last known address they have on their records as contact details for any legal action or debt recovery action. If a debtor doesn't notify them of a change of address they are not doing anything wrong or unlawful by continuing to send correspondence to the old address.

This ^^

I bought a repossessed house over 7 years ago. Santander continue to send mail to the previous occupants. I returned them to sender for the first 5 or so years, most of the time I even added a little note to the envelope explaining that as Santander had been the ones to repossess the house, they knew that these people no longer lived here. Now the mail goes straight in the bin.

sourcrates

tenchy wrote: »

This is presumably a joke?

They wont simply take your word for it.

To resolve the issue, evidence in the form of a utility bill or similar would be needed, otherwise you will keep going around in circles.

tenchy

sourcrates wrote: »

They wont simply take your word for it.

To resolve the issue, evidence in the form of a utility bill or similar would be needed, otherwise you will keep going around in circles.

A better approach is just to bin all mail from them, and if necessary, issue them with a WOIRA. Providing identification information to debt collectors is asking for trouble (identity theft etc.)

sourcrates

tenchy wrote: »

A better approach is just to bin all mail from them, and if necessary, issue them with a WOIRA. Providing identification information to debt collectors is asking for trouble (identity theft etc.)

I don't see how removing the implied right to access will stop them sending mail ?

A "WOIRA" "Withdrawal of implied right to access" is mostly used to stop TV licensing from knocking on your door, you could apply the same principle to a "Doorstep collector" who may work for the DCA, but that in itself will not stop phone calls or written contact, which is what the OP is complaining about.