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I wrote to the ICO ten months ago concerning two inaccurate entries on my CRA reports. The ICO acknowledged both of my cases and also asked for further information, which I gave them. I got an interim reply apologizing for the delay, but 10 months is ridiculous! We need all of our regulatory bodies to be much stronger and more aggressive. This lack of a sense of urgency is why the DCAs and banks get away with so much, they know that the regulatory bodies are all too often too slow to catch them.
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Thanks!
DebtisbadTags: agreement, application, capquest, cca, compliance, consumer, court, cra, credit, customer, debt, default, director, documents, enforcement, financial, find, fos, guidelines, headaches, help, ico, informal, law, library, loan, lowells, oft, quango, rbs, regulate, regulators, reporting, statute, version -
Re: ICO delays
How long ago was the interim reply ? I completely agree 10 months is insane especially when your credit file can have such a big affect on a persons life. None of the regulators seem to be able to do anything with any urgency.
Do the ICO have targets to meet and a complaints system, am pretty sure they do.
They state they deal with 91% of cases within 180 days, 75 within 90 days.
You should complete our Case review and service complaint form ( http://www.ico.gov.uk/upload/documen...laint_form.pdf ) explaining exactly what you think we did wrong. We have designed this form to help you give us all of the information we need to deal with your complaint.
They also published http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf which you have probably read but may be useful to refer to in your complaint.Last edited by Amethyst; 2nd August 2010, 05:26:AM.#staysafestayhome
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Re: ICO delays
My original two emails were on 14th October 2009 and I had two emails on 17th November 2009 asking for copies of documents, which I quickly scanned and emailed by return.
The only thing since them was a single email in February about just one of the two cases, first apologizing for the delay due to a large workload and also asking for further information, again I sent the information by return.
Last week I emailed both cases to progress and got standard replies, saying I have to wait for the case officer to complete the work.
Maybe the clock is reset each time they respond?
The two issues are about the fact that I had ten thousand pounds written off by Lowell’s on an Abbey national credit card, as the original agreement was not on record. The other was concerning 4500 pounds written off by CapQuest, as they were duped by egg into buying outright a loan debt that had previously been set aside by a county court.
Although both cases were closed, they remained on my CRA files and I had a long exchange of emails with the compliance department at Experian, who quoted, misquoted and misunderstood all sorts of laws.
I therefore asked the ICO to make a judgment on the issue.
Whilst the whole thing appears quite simple to me, it is being made complicated either by the ICO, or perhaps the various financial institutions involved are also dragging their feet in terms of giving information that the ICO requests.
Even if the ICO uphold the CRA entries, I want to see their explanation of this.
It seems any financial institution can make an entry on a CRA file at the drop of a hat, but it takes over 10 months to contest it.
If I didn't know any different, it would appear that the ICO are on the side of the institutions, not the customer.
This also appeared to be their stance on a Government inquiry some months ago, when the Compliance director of Experian and her sidekick, two representatives from the OFT, a spokesperson for the BBA and the Chief of the ICO were all questioned by the committee about CRAs.Thanks!
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Re: ICO delays
Was that the one Martin Lewis gave evidence at? (recorded searches etc)#staysafestayhome
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Re: ICO delays
Yes.Thanks!
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Re: ICO delays
Lowells - it was written off due to no CCA wasn't it. Trouble with that is a court ruled that CRA filing wasn't classed as enforcement for the purposes of the CCA and thats likely where the issue with this one is and will likely be causing some headaches for the ICO. Think it was McGuffick v RBS ? Although with no CCA at all there is no debt to report, which is different from the McGuffick case. Am sure one of the pro's on CCAs will have some ideas.
I know you'll have been through all that with Lowells and the ICO so we don't need to dissect the case that much, I can only assume that may be the reason it is taking so long.#staysafestayhome
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#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: ICO delays
That headache that you mention may be why it is taking so long, especially since I ruffled a few feathers at Experian by sending a "notice before action" email. That really, really upset them and their little man in the compliance department got all in a panic and started firing off all sorts of emails at me.Originally posted by Amethyst View Post
Looks like I have touched on a nerve with the ICO and Experian.Thanks!
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Re: ICO delays
GOOD ! lol. What to do about it and how to get things moving I have absolutely no idea about though other than keep hassling them xx#staysafestayhome
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Re: ICO delays
It was a funny event, I watched in on the television. The Director of Compliance (I have to smile when I read that title
) from Experian was a rather large lady who was incredibly nervous, you could hear her voice quivering on my speakers. She was grabbing hold of her pile of documents for dear life, she must have been that nervous.
She and her sidekick were trying to justify charging 6.99 a month for people to see their CRA information.
The guy from the BBA was sent away being told do his "homework" as her had prepared nothing and just gave vague answers, such as, "I don't recognize those figures". The two people from the OFT were totally unaware of a major issue that was brought to their attention and gave an excuse, something along the lines of not having times. Then the guy from the ICO, I think he was blind, simply kept repeating that the CRAs are very accurate and get it right most of the time.
One sided debate??Thanks!
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Re: ICO delays
lol yes I remember it being a little bit farcical, think I watched it through the live channel thing of the gov site. Will have to reacquaint. I do enjoy watching those inquiries, the first time I watched one I was very pleasantly suprised at how informal they seem, and how the 'panel' do rather seem to be on our side, but then of course, not a lot happens after.#staysafestayhome
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Re: ICO delays
I too have been waiting for an ICO response to complaints about CRA entries since last December. I phoned them a couple of days ago and they said it would be another 2 months before they were dealt with - totally unacceptable delay. In the meantime I have been hammering away at the CRAs and sent them evidence from concocted statements that 3 default entries were inaccurate. Equifax removed the entries, Experian didn't even bother to investigate and Callcredit removed all 3 then restored 2 after being told to do so by the bank. So I am in the curious position of having 7 accounts and no defaults with Equifax, 10 accounts and 3 defaults with Experian and 9 accounts with 2 defaults at Callcredit! I wonder what the ICO will make of that when they eventually get round to it!? It just goes to show what a shambles the whole system is. I am going to litigate big style after it has all been sorted out - the banks and Experian and Callcredit and they don't have a leg to stand on. The evidence in the statements is crystal clear.Comment
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Re: ICO delays
Hicskis is looking into the CRA's and the inaccurate reporting, I'll point him down here as he'll know much more than I do.#staysafestayhome
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Re: ICO delays
It always takes the ICO an incredible length
of time to resolve complaints.
And, even when they are resolved, one has to keep auditing one's CRA files, just in case the incorrect information has been re-registered!
The whole system is crazy...Comment
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Re: ICO delays
That is why I commented earlier in the thread about the televised parliamentary commity hearing. experian, FOS, ICO and BBA were all there.
According to them all, everything in the garden smells of roses.
Mmmmmmm.....it smells differently to me.
How come the "regulatory" bodies side with the industry and not the consumers?Thanks!
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