Nid - Please Help

[livi.till.i.di]

Nid,

As you know I have been going through all my accounts and Defaults. I wrote to Studio (one of my defaults from 2005) and asked them for default information as I beleived the account was paid off prior to default. Over 2 months had passed and I was getting nothing but rubbish through the post from them.

Originaly my Default stated -

Name: MR XXXXXXXXX
Address: XXXXXXXXXXXXXXXXXX
Date of birth: XXXXXXXXXXXXX
Company name: STUDIO
Account type: Mail order
Started: 11/10/2004
Default Balance : £429
Current Balance : Satisfied
Defaulted On : 30/10/2005
STUDIO Mail order Default Satisfied 28/05/2006
File Updated for the Period to: 28/05/2006

I have just been given the run around from that stating they didnt have to supply me with anything and that was that. Just checked thismorning and they have gone in and put another year onto the default and it now states:

Name: MR XXXXXXXXXXX
Address: XXXXXXXXXXXXXXXX
Date of birth: XXXXXXXXXXX
Company name: STUDIO
Account type: Mail order
Started: 11/10/2004
Default Balance: £429
Current Balance: Satisfied
Defaulted On: 12/05/2006
File Updated for the Period to: 16/11/2010

I'm sat here with all the proof from them that this is bollocks. My first letter stated that "A default notice was issued on the 23rd of September 2005" and "Our information systems are sufficiently robust and reliable as to ensure that when recorded on our systems a default notice is sent". I sent a letter back to them and got this for the next reply "I can confirm the default created on 30th October 2005 will now be recorded as satisfied on the 12th of May 2006". Is what they have done legal considering I have 4 letters from them all telling me different Default dates and now they go and change it on Experian to Defaulting on the 12th May 2006 even though they have stated this is when it was paid and not when it was defaulted?

Any advice?

:what :what :what :what

[Never-In-Doubt]

Re: Nid - Please Help

Hiya

Basically both defaults now have to be removed so long as you have the old credit report references (i.e on equifax each is given a unique report reference - you need these) - then screen print and print each as you've posted above and send, with this (edit to suit) to the CRA's - you're demanding removal of both defaults as they get one pop at this and as they have now amended the original default date unlawfully - you have em by the balls. Muppets should have left it alone.

So send this to the CRA's - viewtopic.php?p=132#p132

You do need to edit the bottom paragraph and change it from the format of no default notice ever sent to include the fact they have now come along and changed the original default to an incorrect date, meaning a further breach of s.87/s.88 which now means that as they cannot get this right - the entry should be removed in totality as being incorrect and legally flawed. If the CRA do not adhere to your demand then you'll consider litigation as they are the data processor in this instance meaning they are liable for the libellous comments added by Studio.

Sorted

Nothing needs to be sent to Studio right now, ignore them (the CRA's will write to them anyway)....

[livi.till.i.di]

Re: Nid - Please Help

Cheers Nid. I will get this letter off today to Experian and see what they come back with. I jus dont want someone in a back room to press a button and put the original date that was on there down........Even though 3 different people in Studio have given me 3 different Default dates........lol

[Never-In-Doubt]

Re: Nid - Please Help

I know its a pain but hey, trying to get it sorted/removed is even worse! Hate em, I totally hate CRA's - they think they are it when really they are just money grabbing oiks!

[livi.till.i.di]

Re: Nid - Please Help

Right,

Got it all together now. The 3 letters I have sent Studio. The 3 letters I have received from studio (all with different Default Dates) and the letter that I will be sending Experian. I just hope Experian dont just turn round and amend the date to what it was at the start of the month..........

Fingers crossed they just take it off but they are really funny about taking defaults off.

Cheers Nid and all the best.

[livi.till.i.di]

Re: Nid - Please Help

I have received a reply from Equifax stating "Studio have sent you correspondance regarding this matter and we are satisfied that your Credit File holds the correct information"..............What?????

[Never-In-Doubt]

Re: Nid - Please Help

I have received a reply from Equifax stating "Studio have sent you correspondance regarding this matter and we are satisfied that your Credit File holds the correct information"..............What?????

Then update the question with a response stating that the information is clearly incorrect and as the data processor you will hold them liable to your libel claim should you decide to pursue it.

A data processor pretty much processes third party data, ie they did not create the data but they simply process it on behalf of the lender. However, as it is their systems, they are libellous - not the lender.

Just argue it one last time and also mention you'll complain to the ICO for their breach of DPA rules.

Then proceed to complain to the ICO ---> http://www.ico.gov.uk/complaints/data_protection.aspx

[livi.till.i.di]

Re: Nid - Please Help

Cheers Nid.

Will just have to see what they come back with. Got a feeling they will drag their heels and not admit they have made a mistake. Not withstanding the letters I have that state all different Default dates surely the fact they have come along after 5 years and simply added 7 months onto the default it should be taken straight off.......

[Never-In-Doubt]

Re: Nid - Please Help

I would contact and complain to the ICO as detailed in my last post to you, after updating the question and telling them you're doing that.

[livi.till.i.di]

Re: Nid - Please Help

Nid,

Updated the question to Experian and Equifax as directed. Sent all letters to Experian (the one they have changed) and asked to investigate. I have today received a letter from Stuido which I did not write to again as you suggested and their final reply is as follows: (Experian must have contacted them)

Dear XXXXXXX,

I have had the oppertunity to fully investigate your complaint and can advise you that we contacted Equifax on the 13th of October 2010 to have the correct details applied to your credit file. Unfortunately this request had not been acted upon and a further request was sent today. (I never mentioned Equifax as they had not changed the default date but only had the wrong date in their in the first place and it should have been removed).

We have confirmed with Experian that the records they hold are correct and are a true reflection of your payment history whilst trading with us.

We have checked the correspondance sent to you by Mr XXXXX XXXXXX and find that the information supplied within these letters are correct and threfore we will not amend your credit file as you have requested. (The guy had 2 different Default dates in his letters to me neither of them are the dates on my credit file. They have now gone on and added 8 months to my default date).

I note that you have advised us and the CRA that your intention is to refer this matter to the OFT/ICO and the courts. We will cooperate fully should the OFT contact us and any court action will be defended and we may also consider a claim for any costs incurred in defending this matter. (Are they for real. They have seen all the documents that they have sent me. The fact THEY have messed up by amending the default date and refusing to send me the original default notice and now they are thinking about making a claim against me should I take it to court.....)

I trust that this information clarifies our posistion on this matter. (Cheeky Bi**h)

[Never-In-Doubt]

Re: Nid - Please Help

Hiya

Ok, send copies of eveything to the ICO ---> http://www.ico.gov.uk/complaints/data_protection.aspx

This is treated as a breach of ICO Guidelines.

[billypre]

Re: Nid - Please Help

Studio = Crazy.

Obviously. Good Luck Livi, this is a debacle of the highest order

[Never-In-Doubt]

Re: Nid - Please Help

Studio = cowboys!

[livi.till.i.di]

Re: Nid - Please Help

Ok. Completed the ICO Data Protection Complaints form and copied all letters to and from Studio/Experian/Equifax and will send the whole lot off on monday. So do the ICO have the power to tell them to remove the whole thing or just put it back to the date it was before?

[Never-In-Doubt]

Re: Nid - Please Help

The ICO can "suggest" they sort it mate, as it was wrong and changed they *should* be suggesting removal but it really is hit-and-miss with these fuckers!

Sorry, but it really is! gh