Arrow Global HELP!

[PAWS]

Short version of story;
Arrow Global were chasing me for a Santander Gold MasterCard (agreement start 2005). I sent off a SAR and in early 2015 received a copy of a Debenhams store card application signed by me in 1994 with the account number altered and ‘MASTER’ written in ink by the altered number. And…. wait for it…. the account transactions for a lady in Essex for a top shop card account! I only noticed because one of the pages had the woman’s details left on it.
I reported them to the ICO and told them I was doing this I also sent a letter pointing out they had sent a copy of an application for a restricted (store card) credit account from 1994 but were chasing an unrestricted MasterCard agreement from 2005.
I heard nothing more…. until today!
I have discovered they have left a visible search on my spotless credit file.
What are they up to? Why have they searched? I want to write and ask them why they have left a search on my credit file. My first thought is to go on the offensive and write asking them what right they have to search my file and leave a visible search on there. What do the clever beagles think? @nemesis45 @Kati [MENTION=87380]Diana M[/MENTION] I want to try and nip this in the bud before they start anything aggressive.
P xx

[Kati]

Re: Arrow Global HELP!

I sent off a SAR and in early 2015 received a copy of a Debenhams store card application signed by me in 1994 with the account number altered and ‘MASTER’ written in ink by the altered number. And…. wait for it…. the account transactions for a lady in Essex for a top shop card account! I only noticed because one of the pages had the woman’s details left on it.

PAWS ... I'm unsure on what you can do (although I'm sure the other Beagles will be able to help :nod Maybe @Debt Camel will have some advice too :noidea:

What happened with the ICO??

K xx

[PAWS]

Re: Arrow Global HELP!

Morning Kati!
The ICO said it would investigate but, as usual, said they would not necessarily get back to me. Apparently, this is the usual response!
Pxx

[PAWS]

Re: Arrow Global HELP!

I was just thinking that if I went on the offensive and said, with no reference to past alleged debts, ‘what the hell are you doing searching my credit file’…. or words to that effect it might show them I’m not inclined to be bullied.

[Kati]

Re: Arrow Global HELP!

Have they written to you recently?? I know where you're coming from, but could it rock the boat enough for them to attempt a court claim?

Is this SB'd??

[PAWS]

Re: Arrow Global HELP!

Sorry, I have to keep popping out to deal with storm damage!
Not statue barred I’m afraid. Probably a couple of years off.
No, they have not written to me since early 2015. They had become very aggressive after a long silence. I did the usual and after a couple of months they sent the store card agreement etc. I had written them a stinker quoting Mayhew, telling them I had spotted the files belonged to xxx etc. Then silence until I saw this search. Is it not against the rules to search someone’s credit file without their knowledge? As far as they are concerned they have nothing to do with me. They chased a debt, I asked them to prove it, technically they could not and there is nothing on my credit file saying I owe them anything (dropped off a couple of years ago, 6 years after original default)
I just hate the idea of allowing them to dip into my details whenever they want and then having to sit and fret waiting for them to fire. (had enough of that in the past)
You see, on the face of it I have not applied for credit, they have no account on my file so why would they feel they have the right to carry out a credit search. Is it to see if I have the funds to be hounded again?

[Debt Camel]

Re: Arrow Global HELP!

What exactly does your credit record show - what sort of search is it? If this is just administrative it doesn't harm your credit score and isn't visible to other lenders.

When you opened the account there would have been data protection terms which give the lender permission to access your credit report to help it manage any account or accounts you have with them. These rights would have been transferred to the DCA when your debt was sold.

The fact they can't produce a valid CCA agreements means they can't enforce the debt in a court, but the debt still exists and they have the legal right to look at your credit record.

[PAWS]

Re: Arrow Global HELP!

Here is the exact entry
ARROW GLOBAL LTD , a Debt Collector company, has made an inquiry against your credit report on 15/02/2017 . If you were not aware of or did not consent to this search, contact ARROW GLOBAL LTD or Equifax for clarification.
Listed as a 'trace enquiry'

They have never searched on there before and I have heard nothing from them for almost 2 years. Just concerned why they are looking now. They already know my address
Px

[Diana M]

Re: Arrow Global HELP!

they sent the store card agreement etc. I had written them a stinker quoting Mayhew

That usually works

Diana M(ayhew)

[R0b]

Re: Arrow Global HELP!

Deleted

[Diana M]

Re: Arrow Global HELP!

DC, is that absolutely correct? I know there is information which generally states that lenders can report information to CRAs but I've never seen anything that says they can carry out a credit check other than assessing the application and identity check. The purpose of the credit check is to calculate the borrower's creditworthiness prior to entering into the agreement, not for debt recovery purposes, so in my mind, likely a misuse of personal data.

I agree with [MENTION=48934]Debt Camel[/MENTION] on this point.

A creditor can search your file for reasons other than "credit granting".

Once you give them permission (which is usually a condition included in the Credit Agreement) that permission is ongoing and also transferrable to any subsequent Debt Purchaser.

This is from Experian's website >

"A company must always get your permission to check your credit report. When you apply for credit you will usually consent to the lender checking your report at various stages in their relationship with you; including at the outset to help decide whether to grant credit in the first place, and then on an ongoing basis to help manage your account while ever you remain a customer. Importantly, if a debt is sold on to a debt collection firm, this consent stays with the debt. This gives the collection firm the right to access your credit report to assess your overall financial situation and to make appropriate decisions about engaging with you and collecting the outstanding balance."

Di

[R0b]

Re: Arrow Global HELP!

Yes, you are right Di, silly question and I think I had something else in mind ... my bad!

[PAWS]

Re: Arrow Global HELP!

Many thanks. I know they have the right to search but I thought I had put a stop to their gallop over a year ago. I just didn’t think they would come back at me after sending me someone else’s account history!
There is no longer anything on my credit file and this search was a ‘trace enquiry’ so they are checking my address. If this is a signal that they are about to attack again I just wanted to be ‘prepared’. I suppose I will just have to go back to waiting for the ‘letter’ in the post. -Will this ever end!

[Diana M]

Re: Arrow Global HELP!

I thought I had put a stop to their gallop over a year ago.

. . . . this search was a ‘trace enquiry’ so they are checking my address. If this is a signal that they are about to attack again I just wanted to be ‘prepared’.

Is this Santander account the only debt you have or could Arrow have bought something else of yours?

I know you've said there is nothing negative left on your credit file but that only means your defaults were over six years ago but is there anything which you paid after they were defaulted which could come back to haunt you?

I would definitely not write to Arrow to ask them why they're sniffing around because they may write back to you.

Di

[PAWS]

Re: Arrow Global HELP!

This is the only one it could be as all the others were paid off years ago…however, we have had a situation where Amex got a DC to chase us for a paid debt off and luckily, I had kept the paperwork showing it was paid so it would not surprise me if another one got it wrong!
They have also searched my husband’s file the same day. He had the same situation store to MasterCard but when he sent a recorded SAR request they never found any documents.