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Thread: registered default

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    Default registered default

    August 2010 sent DCA Proof it letter for alleged debt with BCard. This was ignored so I pursumed this was finished.
    Checking my credit file a default is issued by dca who have brought the rights from BC.
    I have sent various letters to supply me with supporing evidence.
    They have confirmed that they hold no OCA.
    They state in one correspondence that the DN was sent by BC in 2006 yet the default is registered in 2008.
    Eventually they sent me staements of the account but not the full history. The beginning and the end statements are missing.
    I spoke with BC regarding this account and they tell me that this account is closed and they have no data relating to this account any longer.
    I have never received any Deed of assignment, Termination Notice or Default notice.
    I have also been in touch with the CRA and they have put a note on the file to say that it is in dispute.
    Although the DCA cannot supply me with all the full information relating to this account they are still refusing to remove this default. And without such information the accurancy of the debt in question cannot be resolved.
    I have also sent them a request for a full SAR.
    Can anyone please help with regard to reporting to the relevent organisations. This matter as now been going on for some time and the DCA refuse to remove this data whilst the debt is in dispute

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    Default Re: registered default

    http://www.legalbeagles.info/forums/...ine=1372362244 Former Member of the not-so-exclusive "I Got Banned" Club
    Comments posted here reflect only personal opinion and do not constitute legal advice. Always seek advice from your own legal advisor.

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    Default Re: registered default

    THANKS FOR YOUR REPLY IN THE MIDST OF READING THE GUIDANCE.
    Had a quick scan through.
    I feel that it is time that I report Active Kapital as they are not stating their reasons as why they should not remove this default. They have no documentation for me to be able to inspect the accuracy of their claim. So I have no alternative this default is registered another 2 years.

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    Default Re: registered default


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    Default Re: registered default

    thanks for your reply.
    Is Barclaycard also to blame if I had an outstanding debt then they should hae passed the paperwork onto the DCA. All I have is incomple statements and no Agreement. And the Default notice does not exist with either Barclaycard or Activ Kapital.
    Do I also need to complain th BCard even though I have spoken to them by phone

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    Default Re: registered default

    The CRA have now put a Notice of correction on my file, until I presume the DCA come up with the documents requested in the SAR. What happens next if they do not remove this data

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    Default Re: registered default

    Justice, what does the notice of correction state? does it "restitute" the matter as if nothing happened or a recalculated amount owing..?

    Bri

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    Default Re: registered default

    No, it'll just be their standard wording in all likelihood, something like:

    "THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."


    you also might find this email from Experian informative. I received it from them during a similar dispute to yours and it shows what bull**** they come up with:


    "Thank you for your email, which we received on X September 2010.

    Your query has been brought to my attention in the Customer Relations team to investigate.

    I would like to take this opportunity to explain to you in full the processes we have in place when an individual queries the accuracy of an entry recorded on their credit report.

    Under Section 159 of the Consumer Credit Act 1974, you have the right to query information on your credit report that you believe to be inaccurate, once you have received a copy of your report.

    You may wish to refer to the relevant legislation below that outlines the process we adhere to when dealing with disputed information.

    CONSUMER CREDIT ACT 1974
    159 Correction of wrong information
    (1) Any individual (the ?objector?) given-
    (a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or
    (b) information under section 158,
    who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.
    (2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has-
    (a) removed the entry from the file, or
    (b) amended the entry, or
    (c) taken no action,
    and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.

    I also draw your attention to the fourth Data Protection Principle, which states that:
    Personal data shall be accurate and, where necessary, kept up to date.

    Within Schedule 1, Part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1998 it is explained that, as a credit reference agency, we are not considered to have breached the Act by querying the disputed information and adding a Notice of Dispute statement.

    7. The fourth principle is not to be regarded as being contravened by reason of any inaccuracy in personal data which accurately record information obtained by the data controller from the data subject or a third party in a case where-
    (a) having regard to the purpose or purposes for which the data were obtained and further processed, the data controller has taken reasonable steps to ensure the accuracy of the data, and
    (b) if the data subject has notified the data controller of the data subject's view that the data are inaccurate, the data indicate that fact.
    Our regulator considers our action to query disputed information with the data provider as taking additional steps to verify the accuracy of the entry and by adding a statement to this effect to your report we are recording your viewpoint that the entry is inaccurate.

    Therefore, we were choosing to take no action with regards to your initial request to remove this information from your report. Should you wish to verify this you can contact our regulator at the following address:

    The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK9 5AF

    In view of this, I am of the opinion that we have acted correctly throughout this matter and in accordance with the relevant legislation. I remind you that under the terms of the Data Protection Act 1998, each lender that supplies us with information is obligated to ensure that the data is accurate and kept up to date.

    I hope this explains why we cannot act unilaterally to remove data from your report, especially when the company concerned has confirmed it to be accurate or has not authorised us to make any amendments, as in your case.

    Furthermore, as we also have a responsibility to enable lenders to make informed lending decisions, I am sure that you can appreciate why we cannot amend information simply because the individual concerned claims that the data is incorrect.

    If we operated in this way, any individual could claim that all the adverse information on their report was inaccurate purely as a means of improving their credit report. This would put our clients at risk by enabling people to potentially obtain finance that otherwise would not be offered to them.

    Because of this, if a consumer disputes information on their report we query this with the data provider. The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body.
    If you are unhappy with the outcome of the queries that we raised on your behalf, then I suggest that you take up this matter with the Information Commissioner's Office.

    I note that you are considering taking legal action including Experian and I would strongly recommend that you seek independent legal advice before doing so.

    We have received several similar court claims and have been successful in having these struck out, as the cases were deemed to have no legal merit with regards to a claim against Experian.

    This is because, in each case, we have been able to demonstrate that we have complied with the relevant legislation at all times. Consequently, the claimant has been left to pursue their claim directly against the company with whom they have a dispute regarding the data recorded on their credit report.

    I therefore recommend that you review your legal position prior to proceeding with your claim. You may wish to consult with the Information Commissioner's Office in order to obtain an unbiased opinion.

    I see that you have stated that you will be sending a DSAR request. So that I may assist you further in this matter, and hopefully save you £10 and from receiving information that is not relevant to this particular matter, please let me know exactly what you are hoping to receive as part of the DSAR as I may be able to send you this anyway without you having to go through the process of obtaining a DSAR which can take up to 40 days.

    Kind regards

    A. Knob
    Customer Relations Consultant
    Customer Support Centre
    Experian Interactive"
    Last edited by The Debt Star; 14th September 2011 at 14:17:PM.
    http://www.legalbeagles.info/forums/...ine=1372362244 Former Member of the not-so-exclusive "I Got Banned" Club
    Comments posted here reflect only personal opinion and do not constitute legal advice. Always seek advice from your own legal advisor.

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    Default Re: registered default

    yes it is the normal correction notice. I sent a request to Activ Kapital for a SAR on 24.08.2011
    but have not received anything yet.

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    Default Re: registered default

    not received the SAR requested so wrote to Aktiv Kapital 29.01 2012.
    Received letter on 08.02.12. with:

    Letter of regrets that they had sent the SAR and previous correspondence to a previous address
    Credit Agreement

    Statements containing 2 extra months from the previous statements sent.Letter)

    Assignment? - From Thames Credit acting on behalf of Aktiv Kapital. This is a typed letter Aktiv Kapital First Investment Limited has bought the interest and are now the legal owner. This letter is dated 28.11.08 is not the right address of my residence at that time. Barclaycard had my current address at that time.

    Still no termination document. No Default notice from the OC

    I have now filed a complaint to the Information Commissioner Office, an informed
    Aktiv Kapital.

    They have now sent me 2 default notices from Mercers dated Nov 2006 and March 2007. But the default is registered in April 2008 by Aktiv Kapital. not the OC
    Now they say that I should send a SAR to Barclaycard and that they will put the account on hold until I get the information. Barclaycard have already told me that the account is closed and they hold no data.
    It seems that they are running me around in circles.
    Aktiv Kapital say they bought the debt then they should have all relevent information to prove the accuracy before being able to register data with DCA.
    I have told them that i have no contract with them but they will not remove this data.

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    Default Re: registered default

    the address that aktiv kapital have given me to lodge a SAR with Barclaycard is the address of Mercers in Liverpool.

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    Default Re: registered default

    Your advice would be much appreciated.
    Received full statements on this account. This B/card was opened when I applied for a Student account in Aug 2005 they sent me this card with a £400 overdraft limit.
    I never asked for this account it was just sent to me.
    I used this account up to 02 June 2006 my transactions not including int or charge amounted to £522.69. I never used it again just kept on paying last payment made was 02 June 2007 amount of payments made on this account was £608.00.

    A DN was sent from Mercers on 3 Nov to reach by 17 Nov 2006
    This was sent to wrong address, Mercers or B/cards address not on the copy of this notice only dated. Balance 490.93 overdue amount 90.93.
    Statement at 02 Nov 2006 Payments made 307.00
    int+charges 275.26
    balance due 490.93
    My next payment was Dec 2006 £150 after the reach by date of 17 Nov 2006.

    A second DN was sent from Mercers on 5 March 2007 to correct by 19 March 2007
    Again was sent to the wrong address, Mercers or B/card address not on the Notice only dated. Balance 385.24 overdue amount 30.00.
    Statement at 02 March 2007 Payments made 457.00
    int+ charges 326.65
    balance due 385.24
    My next payment was June 2007 £151 after reach by date of 19 March 2007.

    A third DN from mercers dated 4 Sept 2007 to reach by 21 Sept 2007
    Again to wrong address. Mercers address on the notice. balance 348.06 amount due 26.00.
    Statement at 04 Sept 2007 Payments made 608.00
    int + charges 440.43
    balance due 348.06

    A further 4 statement up to 03 Jan 2008
    Statement of 03 Jan 2008 Payments made 608.00
    int+ charges 498.11
    balance due 405.75
    The balance left is all interest and charges.
    Aktive kapital state that this was the balance but then increased to 418.04 before being assigned to Aktiv Kapital. This is registered with the credit reference as defaulted on 01.04.2008. They go on to say that B/card recorded this default until it was assigned to Aktiv Kapital Aktiv Kapital call the assignment is a letter dated 28.11.08 from Thames Credit again it does not have any address on the letter and gone to a wrong address.

    It states that Aktiv Kapital First Investment Limited has bought the interest of Barclays Bank Plc T/A Barclaycard in the debt that you owe them under the above Agreement.
    They are acting as Collection Agents for Aktiv Kapital which is now the legal owner.
    owners. If I have a direct debit or standing ord arrangement in favour of Barclay Bank Plc T/A Barclaycard that should be cancelled.
    All future payments should be sent to this company at the address shown.
    But there is no address shown.

    I have not received anything from Barclaycard regarding this account. No Termination document or Assignment.

    I have reported thi to the ICO and had confirmation back that they have received my documents but did not have this paperwork at that time.

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    Default Re: registered default

    Eventually received letter from Aktiv Kapital after the ICO wrote to them. They admitted they were given the wrong infortion nd they sent the SAR to the wrong address and the balance due is 0.00.
    Good at last success checked my credit report nothing there this was September. Tried to increase my overdraft before xmas and this default is again registered with a revised date of 01.06.2007. They are still registering inaccurate data. When I spoke to them they say that the ICO never mentioned anything regarding the balance being inaccurate so they will not remove it. Are they taking the ****?

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