Late Payment Marker removal

[wizzywig27]

Can anyone advise how to get a late payment marker removed from Equifax? The default is from JD Williams.

I have queried it through Equifax, emailed them, and sent them a letter requesting it be removed via recorded delivery - but they are standing firm and refusing to remove it! I HATE this company with a passion! Sure they CIFAS'd me last year!

The reason I want it removing is because I never received my statement due to adverse weather in December. They state I could have paid online.

Any help would be much appreciated.

[The Debt Star]

Re: Late Payment Marker removal

the short answer is there is very little you can do about it.

the owner of the data registered by the CRAs is the creditor. although the CRAs are joint data controller with the creditor they will refuse to lift the markers unless the data owner (creditor) tells them to. They, not you, are the CRAs' customer.

you can (a) complain to the ICO. Which is about as effective as a fart in a jaccuzzi, or (b) contest the marker and ask for a Notice of Correction to be placed on the credit file. this acts as your own marker to the ffect that you dispute the accuracy of the data; (c) write to the data control officer at JD Williams and ask them to remove it, stating your case.

the CRAs will then contact the creditor to see if they will remove it, which they won't. you can then insist that the notice of correction stays on your file. I have a couple on mine as I'm in the same boat as you.

[oscar]

Re: Late Payment Marker removal

Agree with Debt Star - unless the creditor agrees, it will not be removed. The creditor will likely state that "they have to report factual information". Factual information being, as you said, the statement was late due to the adverse weather. Some creditors are more lenient that others in these situations.

That said, a single late payment has virtually no effect on your credit file.

[caspar]

Re: Late Payment Marker removal

I'm confused here as I rather like the DPA, and it very clearly states that the data controller is directly responsible for anything that is published. There are then the eight ENFORCEABLE principles underlying the act.

Now,unusually, I'm not sure I agree with DS here. It has to be the data controller of the company that actually publishes the data who is liable, in this case the CRA. It is their job to ensure the data is accurate before it is published. Look up the act, but I'm sure off the toop of my head all the first four principles can be used as an argument in one way or another.

If we can identify one person responsible for allowing the data to be published, then they can be held personally accountable for anything that is incorrect.

That's the way I see it, unless I've missed something.

[wizzywig27]

Re: Late Payment Marker removal

This is pretty much irrelevant now anyway, Jacamo gave me one for Jan as well, so thats two from same company in two months, grrrrr!! Although it aint on Equifax yet, just CallCredit!

[Gerry]

Re: Late Payment Marker removal

Sorry this isn’t answering your question, but it really pi**es me off that these companies cant make allowances for an act of nature thats totally out of your control. The breweries gave the pubs a full months grace on their xmas invoices because of the bad weather.

Gerry

[wizzywig27]

Re: Late Payment Marker removal

it is so annoying, I have almost begged them to take it off, they just say it is a true reflection of how the account has been run! First late payment in 15 months!

[Gerry]

Re: Late Payment Marker removal

it is so annoying, I have almost begged them to take it off, they just say it is a true reflection of how the account has been run! First late payment in 15 months!

If its really important to you then write them another grovelling letter> Asking them to reconsider your request as you feel that they are being unreasonable due to the situation was totally out of your control. Say that you would have paid it online if that was an option however you use a top dongle for online service and you couldn’t get credit to top as you were snowed in.

If JD Williams had sent you a home delivery you would have had to accept that the reasons for delay was out of their control, therefore you expect to be treated with the same consideration. A lot of other companies and organisation had to make allowance due to the severe weather, is customer relations not a priority for JD Williams?

If its really bothering you then its worth a try.

Gerry

[wizzywig27]

Re: Late Payment Marker removal

I have now emailed N Brown Group plc (parent company I believe) and asked for a higher level manager to contact me.

I feel that the credit control department are a bunch of monkey like jobsworths who dont actually care about the individual and have no compassion. I even asked them not to mark the account as paid on time, but suggested they state the account was 'in query' and they still say no!

[Gerry]

Re: Late Payment Marker removal

I have now emailed N Brown Group plc (parent company I believe) and asked for a higher level manager to contact me.

I feel that the credit control department are a bunch of monkey like jobsworths who dont actually care about the individual and have no compassion. I even asked them not to mark the account as paid on time, but suggested they state the account was 'in query' and they still say no!

Bunch of , You should have better luck with the manager...

[The Debt Star]

Re: Late Payment Marker removal

they are total knobjockeys, wizzywig, but the only chance you have of realistically getting the adverse data removed is via their data control manager.

casper, I know you know the DPA very well and on paper you are correct, its just that in practice the CRAs and creditors don't follow the DPA and there's diddly sqwat we can do about it.

[Never-In-Doubt]

Re: Late Payment Marker removal

If we can identify one person responsible for allowing the data to be published, then they can be held personally accountable for anything that is incorrect.

That's the way I see it, unless I've missed something.

But, the client did agree to the terms of the account and therefore knew a payment was due, failure to receive statement does not qualify for an excuse! In a nutshell, I am 100% confident that Debt Star is actually right this time lol.

Basically, there is nothing he can do other than to ask, and try appealing to the original creditor. The DPA does not come into this as the Data Controller (N Brown Group) did report factual data to the Data Processor (CRA's) about the Data Subject (customer).

Those are the 3 strings of processing under the DPA. There are no others.....

Data Subject = Customer - the customer authorises the Data Controller (the company) to share his data with the Data Processor (the CRA's).... therefore if the subject missed a payment then the controller has every right to report this to the processor.

Make sense?

[Never-In-Doubt]

Re: Late Payment Marker removal

it is so annoying, I have almost begged them to take it off, they just say it is a true reflection of how the account has been run! First late payment in 15 months!

But mate with all your cifas warnings right now i'd seriously not worry about a late payment marker lol. They are insignificant if the rest of your report is ok.,

I explained all this on mse for you last year! 2 late payment markers in 6 months is the max - do not get any more. The two you have, assuming they're the only ones, will cause no detriment to your credit profile......

[wizzywig27]

Re: Late Payment Marker removal

I have now complained to the ICO, doubt it will have any bearing on their decision, but I am annoyed that they are now ignoring me! sums this company up, had beef with them early last year about missing parcels, since my credit limits have remained VERY low! paying them off slowly and will close accounts when I get to zero balance!

[wizzywig27]

Re: Late Payment Marker removal

But mate with all your cifas warnings right now i'd seriously not worry about a late payment marker lol. They are insignificant if the rest of your report is ok.,

I explained all this on mse for you last year! 2 late payment markers in 6 months is the max - do not get any more. The two you have, assuming they're the only ones, will cause no detriment to your credit profile......

I dont think I have any at all mate as I passed the check for the tenancy with no problems at all. I think it may be because he used the old application data from 2005 when I was declined due to CIFAS!? Their systems may have seen a CIFAS from then, who knows!

I have also complained to Nationwide about this....I want them to speak to their Experian team and find out what the situation is!