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Unknown debt default showing on credit record

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  • magyar
    magyar Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It looks close to being sorted - O2 have agreed that this is a fraudulent account and nothing to do with me. They don't seem to know why the link was made but have agreed they'll tell Equifax to remove it.

    A question I'd appreciate views on - I've asked them to delete my name and DOB from their records, but they have refused (as have Lowells) on the basis that "we need to keep that information for our records". Since the Data Protection Act says it's illegal to hold incorrect information on someone, surely they have to remove it?

    Not exactly a point worth losing sleep over, but I don't like the idea of a company linking my name and DOB to an address I've never lived at.
    Says James, in my opinion, there's nothing in this world
    Beats a '52 Vincent and a red headed girl
  • tenchy
    tenchy Posts: 486 Forumite
    Part of the Furniture 100 Posts
    magyar wrote: »
    It looks close to being sorted - O2 have agreed that this is a fraudulent account and nothing to do with me. They don't seem to know why the link was made but have agreed they'll tell Equifax to remove it.

    A question I'd appreciate views on - I've asked them to delete my name and DOB from their records, but they have refused (as have Lowells) on the basis that "we need to keep that information for our records". Since the Data Protection Act says it's illegal to hold incorrect information on someone, surely they have to remove it?

    Not exactly a point worth losing sleep over, but I don't like the idea of a company linking my name and DOB to an address I've never lived at.


    Well, you do not have, nor have you had, a relationship with either of these organisations, so why do they need to keep data about you? DP principles state data must be kept no longer than necessary and for specified purposes. Ask them precisely why they need this data about you, and how they propose to use it. Also, take it up with the ICO if you get unsatisfactory answers from them. I'd be particularly concerned about a rogue company like Lowells having this sort of information.
  • magyar
    magyar Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks, that’s also my view. I would have some sympathy with O2 wanting to keep a record of the name someone used to defraud them. And I would trust them a little more than Lowells, who I’ve already reported to the ICO.
    Says James, in my opinion, there's nothing in this world
    Beats a '52 Vincent and a red headed girl
  • No. It's much more likely that they only report to Equifax.

    Lowell report to all three CRAs
    2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 2017
  • PaulW922
    PaulW922 Posts: 1,039 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Lowells and/or O2 may consider it necessary to keep some information given this may have been fraudulent. For example, if they are later required to account for their actions, or to assist in an investigation, how would they do so if they had deleted all the data?You do not need to actually be a customer for a business to have reasonable grounds to keep data about you.
  • mpet
    mpet Posts: 479 Forumite
    Part of the Furniture 100 Posts
    Sorry to hijack this thread, but it mirrors what I cam currently going through with Lowell.
    My credit report from Noddle shows a defaulted debt listed against Lowell but the debt actually originated from Jacamo. My name and dob are correct, but the address is one I have never lived at. Lowell have stated they wont pursue me for the debt (big of them), but wont update my credit file. I have written to Jacamo asking them to correct this and am waiting for a response.

    If I need to contact the ICO should I be complaining about Jacamo or Lowell?
  • sourcrates
    sourcrates Posts: 31,483 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    mpet wrote: »
    Sorry to hijack this thread, but it mirrors what I cam currently going through with Lowell.
    My credit report from Noddle shows a defaulted debt listed against Lowell but the debt actually originated from Jacamo. My name and dob are correct, but the address is one I have never lived at. Lowell have stated they wont pursue me for the debt (big of them), but wont update my credit file. I have written to Jacamo asking them to correct this and am waiting for a response.

    If I need to contact the ICO should I be complaining about Jacamo or Lowell?

    You would CC both companies into the complaint so both of them are aware of the dispute.

    Send a written complaint, give them 8 weeks to respond..
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mpet
    mpet Posts: 479 Forumite
    Part of the Furniture 100 Posts
    sourcrates wrote: »
    You would CC both companies into the complaint so both of them are aware of the dispute.

    Send a written complaint, give them 8 weeks to respond..

    Thank you - I have had a response from Lowell and am now waiting for a response from Jacamo. If I need to complain to the ICO, the form only allow for one organisation so I wasn't sure who ultimately would be responsible for removing the incorrect information from my credit file.
  • sourcrates
    sourcrates Posts: 31,483 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    mpet wrote: »
    Thank you - I have had a response from Lowell and am now waiting for a response from Jacamo. If I need to complain to the ICO, the form only allow for one organisation so I wasn't sure who ultimately would be responsible for removing the incorrect information from my credit file.

    Whoever issued the original default is the one to complain to (for ICO purposes).
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • magyar
    magyar Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How are you getting on mpet? I have had absolutely no joy. O2 have accepted this is nothing to do with me and said it would be removed, but appear completely incompetent at being able to actually remove it. Equifax have actually been very helpful, they've assigned a 'real person' to it who tells me that all O2 need to do is reply to an email she's sent and this is completely beyond them.

    O2 seem to think they have no liability because this is a 'data leak' by another company. Aside from not having any evidence of this whatsoever, the only 'data' they have is my name and date of birth, which I have tried to point out to them is public information on the electoral role. It's them making a link between the 'real' me and a 'fake' me which is the issue.
    Says James, in my opinion, there's nothing in this world
    Beats a '52 Vincent and a red headed girl
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