Experian bo88ox

[frisp]

Asked E xperian to remove some inaccurate data on my CR here's their response

Asked them to remove a settled account

With regards to the entry C7, we keep defaulted accounts on your report for six years from the date of default. This is true whether or not the debt has been fully repaid.

Asked them to remove accounts that were not being maintained by the originator

Just because a lender has not updated an account for some time, this does not mean that they are no longer maintaining the account and that it can be removed from your report. It generally means that there simply hasn't been any further payments made towards the outstanding debt and so they have not had to update the account information they send us. If you believe the balances are incorrect on C3 and C15, then please confirm this and I will be happy to contact the lender on your behalf.

Asked them to remove this data as the amounts contained unfair charges set @ c£30, not what has been agreed as the limit for credit cards & potentially what will be decided in the test case

I note your comments about the Marlin and Capital One accounts. However, I would advise that the OFT test case currently in the courts only applies to current accounts and these are both credit card debts.

Any comments on these ludicrous statements welcome

[frisp]

Re: Experian bo88ox

bump

[Sapphire]

Re: Experian bo88ox

Sorry Frisp I've not started on getting my credit report repaired hun, so have no idea but hopefully this will bump this up and get some notice.

[Paule]

Re: Experian bo88ox

Can you post up the letter you sent to them

[frisp]

Re: Experian bo88ox

Can you post up the letter you sent to them

By email

ENTRY NUMBER: C3

This was last updated in May 09 is not being maintained and should no longer appear on my credit record.

ENTRY NUMBER: C7 - Northern Rock

This entry is marked as satisfied and should be removed from my credit record.

ENTRY NUMBER: C15

This was last updated in 2008 and should no longer appear on my credit record.

Please ensure the above amendments are made forthwith or clearly state why you are unable to do so

By Letter about Marlins and Cap one

Notice that you hold data about me which is inaccurate and in dispute
My credit file shows that you are holding personal data about me which is inaccurate and which is in dispute.
The entries have been lodged by Marlins and Capital one refers to purported debts which are in fact comprised of unfair bank charges.
As you are aware, the entire issue of bank charges has been in dispute generally between the banks and their customers for well over 2 years. In July 2007 the OFT announced that in response to a request by 8 UK banks they would be bringing a test case on the issue of whether bank delinquency charges were subject to the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR).
It is clear that at least by that date, if not before that the UK banks admitted that there was a serious question mark over the status of their charges.
In May 2008 the High Court ruled that the bank’s charges were indeed subject to the UTCCR. In February of this year the Court of Appeal unanimously concurred with the High Court.
I am sure that you are well aware that the OFT has publicly expressed its view that the charges are subject to the UTCCR and also that they are unfairly high.
Although the banks have brought a further appeal to the House of Lords, there is frankly little chance that they will succeed and there is every chance that the OFT will set a cap for charges which is very much less than the present level of £30 and more in many cases.
Once it is fully confirmed that UTCCR is the governing law and that its terms have been breached by the banks high level of charges, all charges which have been levied to date plus any associated interest will be unlawfully unfair. Any related entries on the Credit Register will automatically be in breach of the Data Protection Act and defamatory.
There is no provision in the UTCCR to allow the difference between unfair charge and capped rate to be invalidated. The whole charge becomes invalid per se.
I am putting you on notice that I informed those organisations that I have disputed the charges levied to the accounts concerned.
Despite this they have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of their contractual obligations and in breach of the Information Commissioner's own guidance on defaults issued in 2007.
I am putting you on notice that I intend to complain to the Information Commissioner’s office that you are holding inaccurate data about me.
The negative entries on my credit file are damaging to me and the Data Protection Act allows me to seek compensation from both you and the organisation which communicated the data to you, through the County Courts and this is also an option which I am considering.
The inaccurate entries about me are defamatory and that it is a new act of defamation each time you publish those entries to any enquirer. Even if an inaccurate data entry carries a dispute marker, it does not prevent the inaccurate data from having a damaging effect and it does not protect you from liability.
The Defaults Guidance notes issued to Credit Reference Agencies by the Information Commissioner in August 2007 make all of this very clear to you so that there is no doubt that you are aware of your responsibilities.
I expect also that you are aware that being an “innocent disseminator” is no defense either to claims under the Data Protection Act or in defamation.
I understand your procedures well enough to know that you will not immediately remove negative entries from my data file. Nevertheless I require you to do so and your failure to respond to this reasoned and polite warning will be brought to the notice of the Information Commissioner and the courts, if required, in due course.
I understand that you may make some inquiries from these organisation before taking action but in the meantime I fully expect that you will place an entry on my file that the entries is disputed.
I would be very grateful if you will let me have your full response by return

Yours faithfully

[frisp]

Re: Experian bo88ox

I think I've pi88ed Mr H off one time too many, I'm banned from his club

OH dear what will I do for fun now?

[LuggerBugs]

Re: Experian bo88ox

Somebody has got a strop on.

[Tools]

Re: Experian bo88ox

I wonder if his middle name is "L Cool"