Experian Report Default ----- Legal Help Anyone??

garyclay

Just to update you all, after much communication going back and forth I eventually contacted Aktiv Kapital and threatened them with the Information Commisioner, the County Court and anything else I could think of!

They wrote back telling me they were removing the default IMMEDIATELY.

Still need to make sure they do but seems like some good news to me!!!

Thanks for all the advice!

file_wizzard

( For reference only as you have obviously got blood out of the proverbial stone that is Aktiva / Thames credit )


Whilst Aktiva / LTFS would be required to provided a copy of the CCA agreement if you were disputing the debt, in this case you have acknowledged he debt and have in fact paid it.

The point remaining is if Aktiva / LTFS can actually document that a fully compliant default notice was issued, and also if the can demonstrate that an assignment notice was produced and provided to yourself.

In terms of escalating this to the ICO they will require that the Aktiva as the debt collector can prove that

i) The debt was correctly assigned and that a notice was issued to yourself
ii) That a default notice was issued, provided to yourself, and that it was in full compliance with the CCA / OFT Guidelines

In the first instance you should write to Aktiva as the data controller and request that they provide you with “signed and true copy” of both the assignment notice and the default notice.

You should also ensure that you send this under registered post as they have a habit of not replying once they have got your money out of you they have no further interest in you!!!

If they have not responded within 28 days then forward your complain to both Trading standards for non compliance with the requirement to respond to communication, and also the Information commissioners Office in respect of the potently inaccurate data on your file.

With regard to the Liable issue, unfortunately this is not an option as the data control ( Aktiva ) is only registering / publishing data that have reasonable grounds to belive is accurate. ( see defamation act. )

Hope this helps

innovate

garyclay wrote:

Just to update you all, after much communication going back and forth I eventually contacted Aktiv Kapital and threatened them with the Information Commisioner, the County Court and anything else I could think of!

They wrote back telling me they were removing the default IMMEDIATELY.

Still need to make sure they do but seems like some good news to me!!!

Thanks for all the advice!

BRILLIANT, well done! Don't let them off the hook now, after all the progress you have made!

I have got a £3 (THREE pounds!) delinquency from NTL, dating back to October 1999, on my Equifax credit file. This only came to my attention when I applied for a cheapoh T-Mobile phone contract a couple of months ago, and T-Mobile declined because I had not passed their credit check. So I got my Equifax file, and the only 'blackspot' was that silly £3 from NTL. Also got my Experian report at the same time - nothing on there from NTL, or anyone else.

Given that I couldn't recall a £3 bill from NTL ever, and haven't been an NTL customer for 7+ years, Equifax said they'd get this cleared up with NTL. A month later nothing had happened and Equifax denied they'd ever offered to help. Instead they now pointed me at NTL........after some circular verbal and written debates with NTL, I decided to just hang on for another couple of months since this entry will (should...) clear within the next 6 weeks. I dread to think what I would have had to go through if this entry wasn't about to expire.

At the very least, I feel we should all get notified automatically, and free of charge, by the company/organisation that wants to record the default, and we should be given a reasonable period of time (30 days, say) to appeal against, or rectify the situation. Only once that period has expired should a 'black mark' be allowed. But I can dream on...... :rolleyes:

tinalives

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