Credit searches for statute barred debts

[shamen]

Hi all,
I cant seem to find a concrete answer on this one so I was hoping you could help.

I recently applied for a bank account with the co-op (http://www.legalbeagles.info/forums/...ad.php?t=28015,

I have no negative entries on my file, all accounts in good standing etc. As you may know from my other thread, I was declined an account. After speaking to a nice lady at the co-op appeals place, she told me 'under the counter' that the concern had been over the fact mackenzie hall had searched my file at an old address. I checked my file and sure enough, in march this year mackenzie hall logged a 'debt collector' search against my file at an address I lived at 10 years ago.

I disputed this with equifax and they came back to me this week with the following

Upon investigating this matter, and based on the information you have provided, it appears that you did hold account XYZ with Mackenzie Hall.

I find it prudent to inform however that Mackenzie Hall are no longer dealing with said account, and file was passed back to our client Lowell Portfolio 1 Limited in 2008.

Given the address they searched and the fact I recently got some letters from lowells (see lowells little April fools) it seems that this relates to an unenforceable debt from way over 10 years ago. I also noted that mackenzie hall admitted to equifax that they have not been the data controller since 2008, however they did a search against me this year. There is no negative account information, just these 'debt collector' searches they keep slapping onto my file. Its almost like they know they cannot ruin my file with defaults or CCJs so are adding debt collector searches against me without my permission.

I have disputed this again with equifax, but in general what recourse is there for a debt collector logging such searches against me when the debts are so old, statute barred and they have admitted they are not the data controller?

[shamen]

Re: Credit searches for statute barred debts

After being denied the removal of these entries by the CRA in question, I sent the following over to the CRA as part of the ongoing dispute

I like to take this opportunity to point out the reply from mackenzie hall as you quote in your last message:

"I find it prudent to inform however that Mackenzie Hall are no longer dealing with said account, and file was passed back to our client Lowell Portfolio 1 Limited in 2008."

By their own admission, mackenzie hall are not the data controller for this account since 2008. I have given no permission for mackenzie hall to search me nor do I have any contractual agreement with them allowing them to. I therefore find it unacceptable that a 'debt collector' search was made by Mackenzie hall against my name, without permission or agreement in 2010 and 2011. Given these circumstances, under the data protection act this incorrect data must be removed.

Please let me know when this has been done. If you will not comply with my request to remove this incorrect personal data, please provide the address of your data controller so that I may issue a Data Protection Act Section 10 notice, which I will pursue for compliance and compensation via the local county court if necessary.

the CRA passed this on and mulled it over. This arrived back today from muck hall to the CRA

Upon reviewing this information, please delete the searches with immediate effect.

Regards,

Hannah Wynn
Compliance Officer

Result! I bet that muck hall would not have done this had I written to them directly. I really do think these credit watch services from the CRA's (direct from them) seem to lend some weight to disputes. In my experience, the DCAs tend to play a straight and helpful game if your dispute communication goes via the CRA.