Default placed on credit file with no warning whatsoever!

[Walligator]

Hi, please can somebody provide assistance? A company called BCW have placed a default notice on my credit file. I downloaded my credit report from Noddle after being surprised at having a credit card application refused recently - I have never missed a payment on any loan in my life, and apart from this default have a perfect credit history. I have never received a single piece of correspondence from this company and have no idea what this £21 debt could refer to. The default on my report also has an incorrect dob for me, so I am not sure they have the right person. According to the default notice it dates back to 2008. I have written to BCW asking them to clarify this alleged 'debt' but have heard nothing back from them.

What are BCW's legal responsibilities before they place default notices on credit files? Do they need to legally give warnings and write to individuals? Can they just attack my credit file without first giving me information about the 'alleged debt' and a right of reply? As things stand my credit history has been decimated and I still have no answers. Please can you advise any steps I can take to remove the default from my file, and any action I can take against BCW for damage to my credit worthiness?

Many thanks!

[charitynjw]

Re: Default placed on credit file with no warning whatsoever!

Hi Walligator,

Have you moved address since 2008?

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

Charitynjw, thanks for your reply.

No, I have been at my primary address since 2005. My employer funds an apartment at my work location, so I have rented a number of flats since 2008, but again I have never received any letters from this company at any of those addresses. I have never even heard of them, but looking on google they look like a deb management company based in Scotland. I can't believe I owe them money, but even if it is an oversight or old debt of mine (which I am sure it isn't as the default has an incorrect d.o.b), I am amazed they can just do this to my credit report without contacting me first? Are there any legal precedents that you know of, so I can consider my next steps against them for damage to creditworthiness? In the meantime I am unable to obtain any credit, and have had two applications refused recently, including for my wife's promised new sofa.:violin:

[ncf355]

Re: Default placed on credit file with no warning whatsoever!

Hi,

Did you send the request for information on the debt via registered post?

If so, and you can show the proof of this, make a complaint to the Information Commissioners Office (ICO) detailing what has happened and the fact you have challenged them to supply infio but they have ignored you.

The fact the DOB is wrong sounds odd, it's as if the default is actually meant for someone else?

With an amount like £21 it sounds like something along the lines of a phone contract monthly payment - it seems all to common that people have cancelled contracts and made what they thought was the last payment only for the company to magically produce an extra fee.

You can also take direct court action for damages under the Data Protection Act 1998, but obviously you need to get the full information before that

[charitynjw]

Re: Default placed on credit file with no warning whatsoever!

Documented proof is required.

If it were me, I would write (recorded delivery) to the CRA. requesting full details of the credit file.
This incurs a small fee (£2, I think).

Meanwhile I would weigh up the pros & cons re taking court action, or going down the Financial Ombudsman route for redress.

Some info here -

http://www.ico.org.uk/global/faqs/credit

http://www.ico.org.uk/for_the_public...n/compensation

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

Hi ncf355,

Yes I sent the letter registered post. Here is the text of what I sent, which I obtained from another post on this site (thanks Legal Beagles!). It is not yet 28 days since the letter was signed for, so I will wait for this to expire, but even if they do agree to remove the default (the least they can do!) this may take a long time to action, and the damage has now been done to my creditworthiness. Do you have any information about actions brought against these companies for damages under the Data Protection Act 1998, as this company appears to have acted recklessly with regards to use of my personal information?

Dear Sir or Madam,
After recently obtaining a copy of my credit file from Noddle I was extremely concerned to note that your company has placed a "Default" notice against myself for an alleged £21 debt. I do not recognize this debt, and the notice itself is very confusing as it contains a number of inaccuracies regarding my personal information. The notice states this matter relates back to 2008.
I have lived at my home address for over 8 years and at no time have I received any correspondence from your company, let alone anything relating to an alleged debt or anything providing advanced warning that your were intending to issue a default against me. I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 00001:0088002:89488910.
2. You must supply me with a signed, true and certified copy of the original default notice posted to me.
3. You must supply me with any deed of assignment if the debt was sold on.
4. You must supply me with details of any other Credit Agencies with whom you have issued default notices against me.
The actions of your company have caused immense damage to my previously outstanding credit history, and may have directly caused a sizeable financial impact on myself already. I would therefore request a response within the next 28 days, so I can then seek third party assistance if this matter is not resolved to my satisfaction.

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

thanks again charitynjw, our most recent posts crossed in the ether! Please see my last post.

[charitynjw]

Re: Default placed on credit file with no warning whatsoever!

Some contracts, ie mobile phone contracts, are not covered by CCA.

[ncf355]

Re: Default placed on credit file with no warning whatsoever!

Charity is quite correct

Data Protection Act Section 7 request may be more appropriate here?

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

Thanks, do you suggest I issue a new letter, or wait to see what transpires from my original letter?

[charitynjw]

Re: Default placed on credit file with no warning whatsoever!

I would send a new letter - don't forget proof of postage - with the appropriate fee enclosed.

http://www.ico.org.uk/global/faqs/credit
Q: How do I access my credit file?

You have the right to write to any of the credit reference agencies and ask for a copy of your credit reference file, which will cost you £2. Read more details on how to do this and a sample letter in our booklet Credit Explained.

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

OK thanks - just to clarify my original letter above was sent to bcw group (the debt collection agency, who issued the default against me) not the CRA. I have already contacted Noddle customer services (the CRA) and have disputed the entry on my credit report. They are investigating. However, I will write to Experian and Equifax as you suggest, to see if this default is listed with them too.

I am assuming my gripe is with bcw group, as they have acted against me without contacting me, or issuing any documented proof of this alleged 'debt'?

So there are two threads here:-

1. Deal with the CRAs (possibly with the help of the ICA) to ensure the defaults are removed from my files.
2. Deal with bcw group, through the Data Protection Act, to seek damages for loss of credit worthiness?

Is this correct? Thanks.

[charitynjw]

Re: Default placed on credit file with no warning whatsoever!

Noddle is part of Callcredit.

https://www.noddle.co.uk/about-us

[Walligator]

Re: Default placed on credit file with no warning whatsoever!

Hi All,

So, 28 days have come and gone since my letter to BCW (debt agency) demanding information on the £21 that they claim I owe them, and an explanation of why they have issued default notices on my credit file without ever having contacted me. They have totally ignored my request for evidence of the existence of this debt, or any evidence that they have attempted to contact me previously with warnings. I did receive a letter from them asking for more personal information (the first time this company have ever written to me), but I still have no idea what this whole matter relates to!

I am still none the wiser as to why they have issued a default against me, my credit rating remains in tatters, and they have ignored my request for information about the 'debt'. Surely, I now have grounds for damages? I will involve the ICO now to force the defaults to be cleared, but can anybody point me in the right direction for representation in this case, for damage to creditworthiness caused by their actions?

[ncf355]

Re: Default placed on credit file with no warning whatsoever!

Be aware the ICO have quite a backlog

I had the first contact from a case officer (other than auto reply) at approx 3 weeks, but that was promptly passed to the investigations team (this was 2 weeks ago) once I supplied further info and it's currently waiting assignment to a investigations team case officer