Cca Requests Updates Please

misty_blue_2

you see this is the problem, do you complain or do you just leave it, i hate to think that they can do this, but in the end will it make any difference, i am pleased at the outcome because all i truely wanted to do was see if they had a cca so i could then negotiate my own payments as they wouldnt accept my payment ,

stapeley

:beer: hi femi and rog2 , thanks again to my back up team:beer:

fermi

misty_blue wrote: »

you see this is the problem, do you complain or do you just leave it, i hate to think that they can do this, but in the end will it make any difference, i am pleased at the outcome because all i truely wanted to do was see if they had a cca so i could then negotiate my own payments as they wouldnt accept my payment ,

If it was me I would put pressure on the creditor/DCA to remove the defaults with the backup of a threat to report them to the ICO.

As I previously said, this has in the past resulted in some creditors/DCAs buckling under the pressure and removing them.

If they don't, then you can complain to the ICO on the grounds of no agreement and/or that it is unfair to record the default after such a long time. But at the moment the ICO doesn't seem to be upholding cases where the grounds are the non production of an agreement on it's own.

So at the moment it is worth trying to get them removed, and even complaining, but you may get nowhere fast.

misty_blue_2

yes i see what you mean, i am beginning to understand it a little, i am not good with this sort of thing so thanks for your help, does a default or any other kind of negative mark make any difference to credit you already have, say another catalogue or credit card,

rog2

misty_blue wrote: »

does a default or any other kind of negative mark make any difference to credit you already have, say another catalogue or credit card,

It shouldn't make any difference to existing credit, unless you apply for additional 'borrowing' facilities, on those accounts, and the creditor does a further credit check. Even then, a single 'default' does not necessarily mean that you would be automatically rejected, or refused credit. The final decision would rest with the creditor and would depend on the criteria that that particular creditor uses.
Personally, I think it would be worth your while to request that the dca remove this 'default'.

fermi

rog2 wrote: »

Personally, I think it would be worth your while to request that the dca remove this 'default'.

Totally agree.

I'm only trying to suggest caution when it comes to realistic expectations.

However, I have said before that it's perfectly possible that the ICO might change their minds on this. And you never know, they might start with misty blue's complaint.

It is certainly "worth a go".

misty_blue_2

yes i am definately going to try and get them to remove any default, anyone have any idea what to put as i am so useless with anything like this,
thanks so much for all your advice much appreciated, xx

fermi

misty_blue wrote: »

yes i am definately going to try and get them to remove any default, anyone have any idea what to put as i am so useless with anything like this,
thanks so much for all your advice much appreciated, xx

The argument itself is quite convincing. It's just a shame that the ICO doesn't seem to be convinced.

It can be summarised by using an extract from one of weller74's letters, which she did use to get a DCA to remove the defaults. They just gave in and it didn't go as far as a formal complaint.

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

jimm24

Can you not contact the CRA's and inform them that the information is incorrect?I thought they had to check it within 28 days or remove it?

fermi

jimm24 wrote: »

Can you not contact the CRA's and inform them that the information is incorrect?I thought they had to check it within 28 days or remove it?

The CRA will only check with the creditor/DCA to ask if the information is correct.

If the creditor/DCA replies that the information is correct (as they often do) then the CRA will take their word for it and reinstate the entry.

The CRA's job is just to report the information they are told. The are not and cannot be an "arbiter" in any dispute between you and a creditor.

That is why even the Information Commissioner's Office tends to advise you that it can often be best and quickest to dispute the info directly with the original creditor rather than go through the CRA.