2nd Default on Nationwide CC

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

Ignore NW for now

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

Ok, you need to go back to Experian - and respond as follows:

I had a Nationwide Account that was originally defaulted in April 2007 - with the 3 CRA's. That default dropped off my credit file(s) last year which was around 6 years after the original default had been recorded. On checking my file in March this year, I find that there is a new entry for this already defaulted account with a default date of Feb 2014. This is impossible as the account already defaulted back in 2007 and you will be able to see this from your own records so please immediately purge this duplicate entry (for the same account) before I report your actions and conduct to the ICO. The ICO Guidelines that you adhere to clearly state that an account must only be defaulted once yet you're messing around letting Nationwide leave this libellous data present.

I expect this duplicate entry to be removed within the next 7 days before more formal action and possible legal proceedings are brought against you. As Data Processor you have a duty to act when you're told by the Data Subject that data being reported by the Data Controller is incorrect. This is one of those occasions when you must overrule the bank because this will be the second default entry for the same debt which as we both know is a severe breach of regulatory guidelines.

That's it - nothing more, nothing less

Any update - they've had a week, they should have removed it already.....

[nightwatch]

Re: 2nd Default on Nationwide CC

not a sausage, will see what happens tomorrow and then jog their memory

[nightwatch]

Re: 2nd Default on Nationwide CC

OK the default is still on my file so have sent another email requesting that they deal with this matter Now, as Nwide do not want to discuss the incorrect reporting of the data, only the repayment of the balance which has no bearing whatsoever on the complaint raised.

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

Did you add the following to your dispute?

Ok, you need to go back to Experian - and respond as follows:

I had a Nationwide Account that was originally defaulted in April 2007 - with the 3 CRA's. That default dropped off my credit file(s) last year which was around 6 years after the original default had been recorded. On checking my file in March this year, I find that there is a new entry for this already defaulted account with a default date of Feb 2014. This is impossible as the account already defaulted back in 2007 and you will be able to see this from your own records so please immediately purge this duplicate entry (for the same account) before I report your actions and conduct to the ICO. The ICO Guidelines that you adhere to clearly state that an account must only be defaulted once yet you're messing around letting Nationwide leave this libellous data present.

I expect this duplicate entry to be removed within the next 7 days before more formal action and possible legal proceedings are brought against you. As Data Processor you have a duty to act when you're told by the Data Subject that data being reported by the Data Controller is incorrect. This is one of those occasions when you must overrule the bank because this will be the second default entry for the same debt which as we both know is a severe breach of regulatory guidelines.

That's it - nothing more, nothing less

[nightwatch]

Re: 2nd Default on Nationwide CC

yep re pasted it in to the 2nd email(for ease of reference) and had no reply, apart from the 'we hope to get back to you within 3 days'

[nightwatch]

Re: 2nd Default on Nationwide CC

Have had a reply from Experian, they say it is in relation to my email of the 9th july. it has been passed to customer relations and I will be assigned a personal adviser to deal with my complaint. will wait and see what happens next

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

Have had a reply from Experian, they say it is in relation to my email of the 9th july. it has been passed to customer relations and I will be assigned a personal adviser to deal with my complaint. will wait and see what happens next

That's better...... should be better cos now you'll get a direct contact - and we can rip into them when they make mistakes

[nightwatch]

Re: 2nd Default on Nationwide CC

Ok Niddy.
have had a reply from experian, they still say that they are doing no wrong in this matter as nationwide say the information is correct, they have looked at their files and note an original default date of 2007 and can understand why I am annoyed, they are getting intouch with Nationwide to ask that it can be removed, but say again I should contact Nationwide,
It is rather a long email with quotes from ICO shall I forward it to you for your feed back?

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

Ok Niddy.
have had a reply from experian, they still say that they are doing no wrong in this matter as nationwide say the information is correct, they have looked at their files and note an original default date of 2007 and can understand why I am annoyed, they are getting intouch with Nationwide to ask that it can be removed, but say again I should contact Nationwide,
It is rather a long email with quotes from ICO shall I forward it to you for your feed back?

There's no need to forward it to me, the facts are simple - they are processing data on behalf of the data controller and if the data subject (you) tells EITHER the controller (NW) or the processor (CRA) that there is a fundamental error then the processor is ultimately liable for libel.

I'd respond as follows;

Dear xxxxx

Thanks for your reply however you're clearly missing the point here. We both know there can only ever be one default for an account, it is impossible and forbidden within the ICO guidelines to have more than one default for the same account. It cannot happen because once it's defaulted, it's defaulted. That's that. Now, here's the thing - I have told both you and Nationwide that the disputed account was indeed originally defaulted in 2007 which means no matter what, the default entry was exhausted in 2013 and cannot return.

It is Nationwide's problem, I agree however it is now your problem as well because you know the ICO guidelines as much as I do and it is crystal clear that when you are informed of a material and quite fatal error that it is your responsibility as Data Processor to remove the entry. Need I refer you to the recent case of Durkin v HSBC in which he won substantial damages for the damage caused to his credit file? In any case, that compounds my claim that if you continue to process this damaging information when YOU are fully aware that it is incorrect then you leave me no alternative but to issue an immediate claim for damages against you.

I refer you to the actual guidelines from the Information Commissioner and based on the findings, I suggest you reconsider your last response to me as this really isn't doing you any favours - you're quite simply, talking rubbish - remove the damaging and libellous data immediately.

You need to be reading 'Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies' and then what Experian say about defaults on their own pages -> http://www.experian.co.uk/consumer/q...kjames211.html

Please immediately remove this duplicate and damaging data prior to legal and regulatory action being taken.

Yours sincerely,

xxxxxxx

[nightwatch]

Re: 2nd Default on Nationwide CC

I don't think they are going to play ball, they seem to think they have followed the ICO guidlines,
Dear Nightwatch

I have reviewed our records and can clearly see that this account which started on 02/09/98 with an account number ending 5816 was showing a default date of 31/05/07 on a previous report you viewed on 27/06/11.

I can also see that the default date relating to this account is, on your latest statutory report showing a default date of 11/02/14.

I agree that this is somewhat concerning and I can certainly appreciate why you are so annoyed, as I do understand that in line with the original default date the entry would by now have been automatically removed from your report having become six years old.

Following on from this, if I may I would like to explain our role as a credit referencing agency and why we cannot simply remove details supplied to us by lenders.

I can advise you that our primary role is to record information sent to us by lenders and from the Public Record. As you will be aware, we then make that information available to lenders and to consumers in the form of a credit report.

I can see we have recently queried the matter with Nationwide Visa and that they have asked you to contact them. I am sorry that the action we have taken so far has not resulted in a change to the information. However, I can advise you further that for the purposes of data provision under the Data Protection Act (DPA) 1998, while Experian is both a Data Controller and a Data Processor, in this case it is Nationwide Visa who provide the data to ourselves who are classed as the Data Controller and so the onus to ensure the data is accurate under the principles of the DPA begins with them.

You have the right under Section 159 of the Consumer Credit Act to dispute the accuracy of the data and you can do this either directly with the company providing the data or as in this case you can ask us to do this on your behalf. Our obligation and responsibility in line with your rights is to contact the company concerned and advise you of the outcome.

I can see we have queried the matter for you and that Nationwide Visa have asked that you contact them directly about this issue. We have recently advised you of this.

I can explain that the Information Commissioner is happy that by doing this we have taken reasonable steps to ensure the accuracy of the data. They have also confirmed that we do not need to ask the company for evidence that the data is correctly recorded.

Below is a quote from a letter that the Information Commissioner's Office sent to us confirming their viewpoint:

"By querying the data with the lender, I confirm that you have taken reasonable steps to ensure the accuracy of it. You are correct that you do not need to carry out a detailed or forensic examination of the basis under which the lender says that the information is accurate."

Although I can fully appreciate your concern that the information you believe is incorrect has not been removed from your report, I cannot remove the data when the company has confirmed that it is correct and have asked us to continue to record the information. I would also emphasise that we cannot take sides in this dispute between yourself and Nationwide Visa but I would reassure you that we are only too willing to change an account record should we receive an update.

If you do require further clarification of the above then you may wish to contact the Information Commissioner's office. I can see from your email that this may be your intention.

The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Telephone: [img]resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png[/img]01625 545745
Website: ico.org.uk.

Following on from this and given the circumstances of your case I am contacting Nationwide Visa again and I am including with my enquiry full details relating to what we have on file, with relevant default and report dates. I am asking Nationwide Visa to reconsider the matter and I am also asking them to explain to us why the default dates have changed.

I am also adding our standard dispute statement to the information:

"The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

As a result, anyone viewing this information will be aware that it's being disputed. I will let you know the outcome when I receive it.

I am also arranging for a copy of your credit report dated 27/06/11 to be sent to you. This will enable you to show Nationwide Visa that report with the original default date in case Nationwide Visa continue not to give us the authority to change the information.

I'd like to thank you for getting in touch with us about your concerns. Having read your comments and looked into this in detail, I believe I have a full understanding of your view. Feedback such as yours is really valuable to us as we're always trying to improve our products to make sure we're giving people the service they want.

However, as we appear to be correctly reporting the information sent to us by Nationwide Visa in line with our normal procedures, have queried the matter and advised you of the outcome I can't see any evidence of wrong doing on our part. I do hope that I've clearly explained our position and that you find this information to be useful.

In this case, I won't be able to record the outcome of your complaint as upheld in your favour.

We have to let you know when we've reached a decision about the outcome of your complaint. So please consider this to be our final response.

This is based on the information we have available and your case has now been closed. However please bear in mind the continuing action I am taking to help resolve the account information for you. If you have any other information you don't think I've considered though, please do come back to me directly:

- Mr Joe Farrelley, Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF
- By Emailing Joe.Farrelley@experian.com
- By telephoning 0344 481 0060

This now means that if you're still unhappy, you have the right to refer your complaint to the Financial Ombudsman Service within 6 months of the date at the top of this e-mail and full details can be found here:

www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

Please let me know if you'd like me to send you a copy of this in the post or if there is anything else about your complaint that you'd like to discuss.

Kind regards

Mr Joe Farrelley
Customer Relations Consultant

UK & I Operations
Experian Ltd

[nightwatch]

Re: 2nd Default on Nationwide CC

will wait for the copy and then send a WTF letter to NW

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

But as data processor they MUST remove the data, because they are aware of it being inaccurate.

However it's not harming you I suppose so you could wait or just complain direct to the ICO about NW but unfortunately the CRA's are still liable, think about it - you sit here now and write that X company are all cheats. They complain, I ignore it - they will sue ME as Data Controller & Processor (AAD) - not you! reverse that into context with the CRA.....

Just saying like.....

[nightwatch]

Re: 2nd Default on Nationwide CC

received yesterday
I can confirm that they've told us that the information will be updated automatically when they send us their next monthly update.

Companies update our account records on a monthly basis for the previous month. This means that sometimes it can take a few weeks for an update to show on our records.

In the meantime, we are suppressing this account from your credit report until such time that the update takes effect. Once it has been updated we will notify you and re-add this information to your report.

The suppression of this data can take up to 7 days to take effect.

Our standard dispute statement, which previously appeared alongside this account will also be removed from your report

[Never-In-Doubt]

Re: 2nd Default on Nationwide CC

received yesterday
I can confirm that they've told us that the information will be updated automatically when they send us their next monthly update.

Companies update our account records on a monthly basis for the previous month. This means that sometimes it can take a few weeks for an update to show on our records.

In the meantime, we are suppressing this account from your credit report until such time that the update takes effect. Once it has been updated we will notify you and re-add this information to your report.

The suppression of this data can take up to 7 days to take effect.

Our standard dispute statement, which previously appeared alongside this account will also be removed from your report

Result - well done