lorings UE Diary

[Never-In-Doubt]

Re: lorings UE Diary

See here for relevant SAR chase-up letter: Creditor Refusal of SAR

ICO complaint is also necessary, not because they will do anything, but it'll help any possible legal action you may need to take.

Whilist I appreciate the advice above is sound, what you need to remember is the ICO do not have the same powers as a regulator and thus anything they request, that is not adhered to goes unpunished which is why it's a joke.

You can go to the ico and if they find in your favour and the bank piss-about then you'll be able to take action against the bank for the faults, based on that outcome and the history of facts. That said, it's not something we suggest here - ie we NEVER suggest taking action against a lender - it is just too risky.

If the lender takes action against you, so be it - we fight them. We do not start the fight and ergo, I never mentioned half of the above because in your case it simply is not worth it.

So I suggest, as I did previously, resend the SAR using the added template above and inform the ICO and then leave it at that until you get a response from the ICO.

If the ICO do not find in your favour and/or they back up the bank then complain to the FOS.

No need to learn the legislation, put simply they have failed to adequately respond to your s.7 request for personal data. That in itself means all the ICO will do is tell them to expedite the process and deal with you.

I hate the ICO and the body they purport to be.

[loring]

Re: lorings UE Diary

Hi Niddy
My RBS (MINT) Account
Thanks for your advice and letter template, I have sent the letter off today(modified it to suit)and will wait and see what happens.
I don't have much confidence in the ICO having had responses on other issues from them.
Thanks
loring

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
My RBS (MINT) Account
Thanks for your advice and letter template, I have sent the letter off today(modified it to suit)and will wait and see what happens.
I don't have much confidence in the ICO having had responses on other issues from them.
Thanks
loring

I understand your frustration however if they fob you off we'll report them to the FOS

[loring]

Re: lorings UE Diary

Hi everyone
My RBS Account was defaulted on 14th August 2005 and the 6 year period was due to drop off in about 10 days time. Today I have received a letter and another Default Notice from RBS. I will transmit to Niddy later today hopefully for his advice.
Their letter thanks me for "letting RBS know that you are unable to correct the position on your account because of financial problems". I have never informed this at all.
The Default Notice is dated 21st July 2011 and gives me 17days to clear my arrears of £4000.
Can they put a second default on this account on my account or can I have it removed. I do not wish to phone them about this. Any advice welcome in the meantime.

[garlok]

Re: lorings UE Diary

In a word NO. This is all a ploy to get you to contact them and trap you into acknowledging the debt. I assume you have not paid them anything or acknowledged the debt in any way since?

regards
Garlok

[loring]

Re: lorings UE Diary

Hi Garlock
Thanks for the reply
I stopped paying about 12 months ago, I was only paying token payments about 4.00a month I think, and as the account is unenforceable and since they wont let me have account statements to reclaim charges and mis sold PPI I stopped paying them anything. I have not spoken to them by phone for about 3 years and don;t wish to.

[Never-In-Doubt]

Re: lorings UE Diary

Hiya

Ok, get a screen print or save a copy of your current credit file showing the default then simply send a copy of this with the letter from RBS to the ICO demanding removal as it is a duplicate, and photocopy it all and send a copy to all the CRA's.

They cannot do this, thick twats really think they are a law to themselves....

[garlok]

Re: lorings UE Diary

Hi Loring,

Unfortunately token payments are an acknowledgement of the debt as such and the Statute Barring clock didn't start until the payments stopped. However you have a year under your belt already. Can't understand their refusal to let you have statements and the like at least for six years however as Niddy says they consider themselves above the law.

regards
Garlok

[Never-In-Doubt]

Re: lorings UE Diary

Just leave it for the ICO to deal with, they will instruct them to remove the second default, obviously wait until they have actually added it, or you can deal with it now by sending in a complaint based on their threat to, and re-issuance of a second default, on an already defaulted account.

Its straight forward enough, just explain that you were defaulted back in 2006 and have been sent a letter (copy attached) saying they are going to re-default you, also mention that they have constantly refused to send you paperwork as required by the regulatory bodies and statutes in place.....

They will then sort it for you.

[loring]

Re: lorings UE Diary

Thanks Niddy
I have sent you copies of the letter and default notice I received this week. I have also sent for statutory credit file reports from Equifax and Experian which I should get next week.
I need to check what is on my credit file at the moment as back in March 2011 I received an alert from Equifax which told me RBS removed the account and default from my credit file and marked it "satisified". However the following day they informed me RBS had put it back on again. Need to check exactly what they have done.
As chance would have it I have the original default issued in 2005, it was the only one I received from my 6 creditors.
When I have all the paperwork I will write straight off to the ICO and ask him to instruct RBS not to put the second default on my credit file and copy him both default notices and a copy of my credit file from 2009.
Thanks again and I will keep you updated.

[loring]

Re: lorings UE Diary

Hi Niddy
Got copies of my credit file from Experian and Equifax in the past few days.
The Equifax report does not mention a default but it states the account is delinquent it appears from 07/11/2011. Is this supposed to be the new date of default???.
It also shows that the £10 I sent recently for the credit card statements is noted as a payment to the account. How do I get that off the credit file it restarts the statute barred clock again. I have also checked my Equifax Alerts which I receive and it shows that on 19th March 2011 RBS (MINT)removed my file from the report and later in the day they put it back on again. It looks that they may have done this deliberately when I check my Experian report

The Experian report clearly shows the default was removed from the account 4 months ago and has been replaced with a Status Marker 6.
I have checked the Experian site and a Status 6 is defined as
"Agreed repayments are more than 3 months behind but you have agreed with the lender to bring the account in order" I do not recall doing that. I suspect they are now waiting to add a the new default they described in their recent Default Notice.
Strangely there is no mention of a £10 payment to the account on this report.
Niddy I will e-mail copies of the paperwork for your expert eye and opinion. I am unsure if there is a default on my Equifax report.
When I know there is I will then write to the ICO to have it removed.

[Never-In-Doubt]

Re: lorings UE Diary

Thanks Niddy
I have sent you copies of the letter and default notice I received this week. I have also sent for statutory credit file reports from Equifax and Experian which I should get next week.
I need to check what is on my credit file at the moment as back in March 2011 I received an alert from Equifax which told me RBS removed the account and default from my credit file and marked it "satisified". However the following day they informed me RBS had put it back on again. Need to check exactly what they have done.
As chance would have it I have the original default issued in 2005, it was the only one I received from my 6 creditors.
When I have all the paperwork I will write straight off to the ICO and ask him to instruct RBS not to put the second default on my credit file and copy him both default notices and a copy of my credit file from 2009.
Thanks again and I will keep you updated.

As per my email to you, I suspect that the default will be dropping off in the next month so check it out after 15th September and it'll be gone, if not all you do is print one of the older reports confirming the default as 14th August 2005 and then send it with a complaint to the CRA who will be obliged to then deal with it manually.

Default removal is automated in a queuing system, however sometimes things do go wrong meaning it may get missed. If they now try and re-default you with a new default date then again, a simple complaint to the ICO will suffice and hopefully sort it.

You have proof by way of old reports that the default was 14th Aug 2005, so this lender is outta luck, the whole account will now need to be removed. As things stand, and the fact it's not 6 years plus a day, if you got rejected for credit/employment etc as a result of that default, you could consider redress as libel - but I'd not bother as you have other debts....

Just wait a month, then it'll hopefully be gone.

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Got copies of my credit file from Experian and Equifax in the past few days.
The Equifax report does not mention a default but it states the account is delinquent it appears from 07/11/2011. Is this supposed to be the new date of default???.
It also shows that the £10 I sent recently for the credit card statements is noted as a payment to the account. How do I get that off the credit file it restarts the statute barred clock again. I have also checked my Equifax Alerts which I receive and it shows that on 19th March 2011 RBS (MINT)removed my file from the report and later in the day they put it back on again. It looks that they may have done this deliberately when I check my Experian report

The Experian report clearly shows the default was removed from the account 4 months ago and has been replaced with a Status Marker 6.
I have checked the Experian site and a Status 6 is defined as
"Agreed repayments are more than 3 months behind but you have agreed with the lender to bring the account in order" I do not recall doing that. I suspect they are now waiting to add a the new default they described in their recent Default Notice.
Strangely there is no mention of a £10 payment to the account on this report.
Niddy I will e-mail copies of the paperwork for your expert eye and opinion. I am unsure if there is a default on my Equifax report.
When I know there is I will then write to the ICO to have it removed.

See my reply above - there will be NO new default date, the account will vanish from your report in its entirety as the 6 year reporting period is now complete.

You can log-in and send a message to Equifax today, telling them that the 6yrs expired yesterday and you want the default removing, however as I have said it'll be gone within a month - never to return, this account can never show on your credit report again as it is finished for reporting purposes.

[loring]

Re: lorings UE Diary

Hi Niddy
Thanks for your replies.
I hope they don't try and put the 2nd default on my file. The 2nd default was issued on 21st July 2011 and gave me 17 days to remedy the default.
I will write to Equifax and Experian to let them know about the 1st Default which was removed in March 2011.

Is there any point in claiming back missold PPI or as they would take the monies is that a waste of time.

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Thanks for your replies.
I hope they don't try and put the 2nd default on my file. The 2nd default was issued on 21st July 2011 and gave me 17 days to remedy the default.
I will write to Equifax and Experian to let them know about the 1st Default which was removed in March 2011.

Is there any point in claiming back missold PPI or as they would take the monies is that a waste of time.

Hiya

Don't worry the CRA's will have to remove any duplicate! As for reclaiming, nah - it's not worth it on this as it'd simply reduce the balance.....