This is a long one, so 'sorry' in advance. If i'm posting in the wrong place, apologies, and please let me know where I should be posting it. ![Tinysmile Shy T](https://legalbeagles.info/forums/core/images/smilies/tinysmile_shy_t.png)
I've had 2 credit searches done in table 1 by Apex, within 2 months of each other, Nov 11, Jan 12. They show as debt collection. There are also 2 by Mackenzie Hall in 2010, also showing as debt collection. These searches were performed at two of my previous addresses.
I raised a dispute with Equifax regarding table 1 searches by dca's and this is what I put..
I have looked further into the alleged debts which warranted table 1 searches at 2 of my previous addresses. All debts with both companies; Mackenzie Hall and Apex, are in dispute for not providing the original CCA of the alleged debts, as I requested. Furthermore, all debts with the above companies are statute barred.
Annoyingly, I have been on the electoral roll and therefore 'discoverable' at the 3 addresses on my file. I suggest that as no contact has been made by Mackenzie Hall and Apex regarding the alleged outstanding debt, that they are merely credit searching me in Table 1 to be malicious and cause me serious hardship.
I have only just purchased my credit file from you for the first time, so I have only just found out about these searches.
Can you please contact the DCA's that are doing these searches and ask them for clarification?
As these searches are recorded in Table 1 for 2 years and are viewed by potential lenders, this puts me in a precarious position re further credit. It seems unfair that they can continue to trash my credit file for statute barred debts.
I look forward to hearing from you.
I received this reply from Mackenzie hall..
I am in receipt of your query, the contents of which I have noted.
Having investigated this matter I find it prudent to inform that Mackenzie Hall performed these searches to trace an address for you as we were informed that you were not at the address we were writing to.
Your accounts ********* and ********* are statute barred, however please be advised that the Limitations Act 1980 protects statute barred debt against legal proceedings. A search being carried out for the purposes of debt collectioncannot be deemed legal proceedings and is therefore fully permissible.
These searches can remain on your credit report for 2 years.
We are unable to remove these searches from your credit file.I can confirm that said searches will not be visible to any lenders, and are in fact only visible to you.
Both accounts are no longer with Mackenzie Hall and have been returned to our client.
Kind Regards
Compliance Officer
and this from Equifax...
Dear
MacKenzie Hall - Kilmarnock (Batch) has investigated your query and have told Equifax that the information is correct and should remain unchanged.
This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.
Address: 58 Portland Street, Kilmarnock, KA1 1JG.
The note that we added, stating that your information was in dispute has now been removed.
You’ll find more information about your credit report at equifax. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.
I hope you find this useful. If there’s anything else we can do for you, please let us know.
Kind regards
Equifax Customer Services
While the searches marked as "outstanding debt" have been removed from table 1 to table 2 at one of my previous addresses, the same searches by the same companies are still showing in table 1 at my previous, previous address(!)
So, is this how it is to be? Dca's searching me in table 1 for a statute barred debt, as often and for as many years as they like? So, whilst I will have no defaults or ccj's, potential lenders will still be able to see that I have unpaid debt at at least one of my prev. addresses?!
Mackenzie Hall and Apex still haven't contacted me regarding this debt btw.
Should I send letters to Muck hall? If so, is there a template? I've not contacted either dca yet as I only know for sure that the Muck Hall debt is SB. The MH searches were done in 2010 and are due to drop off in a few months, but that still leaves Apex who searched me in Nov 2011 and Jan 2012 (again, these have just been removed from table 1 at one of my addresses, but not the other).
I've just realised that Equifax seem only to be mentioning Muck hall and not Apex, so i've just emailed them again to ask that they confirm they have contacted Apex too.
I currently have 3 defaults (2007/2008), is there any way to have them removed early, maybe by requesting cca's? I don't recognise them and 1 is showing that I made payments for 6 months before defaulting in 2008. The other 2 were defaulted after no payments were received at all. I don't recall any credit accounts from that time period, so I wondered what my best course of action is?
On another separate note, i've already used my free trial with experian and I wondered if I'm still able to get the £2 report from them? I'm already paying 6.99 pm to Equifax, so another 13.99 pm I could do without.
Any advice appreciated guys
P.s I've just asked Equifax if they can confirm that the table 1 searches are not visible to lenders (as Muck hall suggest in their reply above) and that the searches will have no ill effect on my credit score.
![Tinysmile Shy T](https://legalbeagles.info/forums/core/images/smilies/tinysmile_shy_t.png)
I've had 2 credit searches done in table 1 by Apex, within 2 months of each other, Nov 11, Jan 12. They show as debt collection. There are also 2 by Mackenzie Hall in 2010, also showing as debt collection. These searches were performed at two of my previous addresses.
I raised a dispute with Equifax regarding table 1 searches by dca's and this is what I put..
I have looked further into the alleged debts which warranted table 1 searches at 2 of my previous addresses. All debts with both companies; Mackenzie Hall and Apex, are in dispute for not providing the original CCA of the alleged debts, as I requested. Furthermore, all debts with the above companies are statute barred.
Annoyingly, I have been on the electoral roll and therefore 'discoverable' at the 3 addresses on my file. I suggest that as no contact has been made by Mackenzie Hall and Apex regarding the alleged outstanding debt, that they are merely credit searching me in Table 1 to be malicious and cause me serious hardship.
I have only just purchased my credit file from you for the first time, so I have only just found out about these searches.
Can you please contact the DCA's that are doing these searches and ask them for clarification?
As these searches are recorded in Table 1 for 2 years and are viewed by potential lenders, this puts me in a precarious position re further credit. It seems unfair that they can continue to trash my credit file for statute barred debts.
I look forward to hearing from you.
I received this reply from Mackenzie hall..
I am in receipt of your query, the contents of which I have noted.
Having investigated this matter I find it prudent to inform that Mackenzie Hall performed these searches to trace an address for you as we were informed that you were not at the address we were writing to.
Your accounts ********* and ********* are statute barred, however please be advised that the Limitations Act 1980 protects statute barred debt against legal proceedings. A search being carried out for the purposes of debt collectioncannot be deemed legal proceedings and is therefore fully permissible.
These searches can remain on your credit report for 2 years.
We are unable to remove these searches from your credit file.I can confirm that said searches will not be visible to any lenders, and are in fact only visible to you.
Both accounts are no longer with Mackenzie Hall and have been returned to our client.
Kind Regards
Compliance Officer
and this from Equifax...
Dear
MacKenzie Hall - Kilmarnock (Batch) has investigated your query and have told Equifax that the information is correct and should remain unchanged.
This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.
Address: 58 Portland Street, Kilmarnock, KA1 1JG.
The note that we added, stating that your information was in dispute has now been removed.
You’ll find more information about your credit report at equifax. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.
I hope you find this useful. If there’s anything else we can do for you, please let us know.
Kind regards
Equifax Customer Services
While the searches marked as "outstanding debt" have been removed from table 1 to table 2 at one of my previous addresses, the same searches by the same companies are still showing in table 1 at my previous, previous address(!)
So, is this how it is to be? Dca's searching me in table 1 for a statute barred debt, as often and for as many years as they like? So, whilst I will have no defaults or ccj's, potential lenders will still be able to see that I have unpaid debt at at least one of my prev. addresses?!
Mackenzie Hall and Apex still haven't contacted me regarding this debt btw.
Should I send letters to Muck hall? If so, is there a template? I've not contacted either dca yet as I only know for sure that the Muck Hall debt is SB. The MH searches were done in 2010 and are due to drop off in a few months, but that still leaves Apex who searched me in Nov 2011 and Jan 2012 (again, these have just been removed from table 1 at one of my addresses, but not the other).
I've just realised that Equifax seem only to be mentioning Muck hall and not Apex, so i've just emailed them again to ask that they confirm they have contacted Apex too.
I currently have 3 defaults (2007/2008), is there any way to have them removed early, maybe by requesting cca's? I don't recognise them and 1 is showing that I made payments for 6 months before defaulting in 2008. The other 2 were defaulted after no payments were received at all. I don't recall any credit accounts from that time period, so I wondered what my best course of action is?
On another separate note, i've already used my free trial with experian and I wondered if I'm still able to get the £2 report from them? I'm already paying 6.99 pm to Equifax, so another 13.99 pm I could do without.
Any advice appreciated guys
P.s I've just asked Equifax if they can confirm that the table 1 searches are not visible to lenders (as Muck hall suggest in their reply above) and that the searches will have no ill effect on my credit score.
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