lorings UE Diary

[loring]

Re: lorings UE Diary

Hi everyone
I have received copy of my up to date credit report and sure enough Mint/RBS have registered a new default on my account for September and October 2011.
On 19th March 2011 they removed the original account with default from my credit files. The default was due to come off the account in August 2011.
But on the same day 19th March 2011 they re registered the account again as a "new account" and sent me a new default notice in July 2011 and then put the account in default again for another 6 years.

I wrote to the ICO and told him what was going on but he never replied.
I suspose I need to write to him again and see if he will have it removed.
loring

[BBoo]

Re: lorings UE Diary

I'd be inclined to copy the relevant part of your CRF showing one account being closed and another one opened with a second default being applied for the same debt, complain to the ICO in writing about it sent recorded delivery, and also send a copy to the Data Controller of Mint / RBS asking them to remove the default so that they are complying with legislation again. If they feel they can legally do this, perhaps they would explain exactly how and why.

[loring]

Re: lorings UE Diary

Thanks BBoo
I believe you are right.
I have written to the ICO and again to Mint. I previously wrote to Mint in July and August but they just ignored my letters. Possibly the ICO might do something but I wont hold my breath on that.
loring

[BBoo]

Re: lorings UE Diary

Not a solution, but don't forget your right to add a personal note to the entry / default.

[loring]

Re: lorings UE Diary

Capital One Visa Card

This one was quiet for a while but today I have received a letter from B Carter Solicitor acting on behalf of his client Capital One Bank. The Visa Card dates back to around 1998, I know I never signed any agreement for it, just filled in a quick application form at the shopping centre one day and they sent me a card. Niddy checked the copy of the application form and declared it to be unenforceable.
The letter goes on to state I have 14 days to make the payment in full and if I dispute liability for the debt I must state my reasons to him in writing and supply him documents in support of my defence to any claim. I read that as saying " we would request that you do our job for us and send us some of your documents because we don't have any".


The letter also states to contact Fredrickson International with proposals to pay. Of course the letter is sent from his desk in Fredrickson International's office. Reading other forums he must have a desk at every DCA's office but doesn't appear to have an office of his own.

I have never received any confirmation from Capital One Bank that either Fredrickson or Carter are handling this account. I am looking for a typical "Niddy type letter/template to tell this gent where to go,I don't mid how brutal it is. Does anyone know if there is a template somewhere on the forum I could adapt.
Thanks
loring

[loring]

Re: lorings UE Diary

Mint Visa Card

Hi BBoo
When I said written to the ICO, I meant I had issued a complaint and supplied the back up documentation. I sent Mint a copy of the complaint without attachments. Over the next couple of days I will look out addresses for the credit reference agencies and copy the ICO complaint to them and request they should remove the default.
loring

[MrsD]

Re: lorings UE Diary

Hi Loring

is this the first contact from Fred's? (Cap One Visa)

[loring]

Re: lorings UE Diary

Hi evenless...
No Fredrickson last wrote to me in June 2011 to say the account was being placed on hold for 28 days. That was after I sent them a letter suggested by Niddy. Prior to that Capquest and HL Collections were doing the chasing and they gave up after about 18 months..
Anything I have read about Carter is negative and he uses underhand methods, so I want to stop Carter in his tracks from day one. I have no wish to send him nice polite letters and I was looking for help in locating the basis of a stern abrupt letter.
thanks
loring

[loring]

Re: lorings UE Diary

Capital One / carter letter.

I have sent a letter to carter which is basically a copy of a Niddy template with a few things added. He has not responded yet but I am sure he will keep trying.
loring

[loring]

Re: lorings UE Diary

RBS/ Mint visa card account.

I have received a letter from MINT which admits they should not have used monies to credit the account which were sent for the supply of copy documents.
The letter also states the original default issued in 2005 was not served on the account properly so they removed it in March 2011 and issued a new default notice in July 2011 to run for another 6 years. They have said the default is for in house purposes and is not shown on my credit file but I have seen they have marked the account as "delinquent" in July 2011. Is this not the same as saying it is in default. I have sent a copy of the letter to Niddy for his opinion on its content.

[BBoo]

Re: lorings UE Diary

Delinquent is marked when payments are repeatedly missed for an extended period of time.

Their argument sounds pretty flawed on the face of it. My understanding is that whatever the purpose, an account cannot be defaulted twice. I'd report them to the ICO.

[garlok]

Re: lorings UE Diary

I don't think they can do that. Its very dodgy practice indeed.

Garlok

[oldyboy]

Re: lorings UE Diary

If you check your credit file take a look at the original default date. If that is still marked as 2005 then I don't think you really have a problem, as it should still fall off on time.

If they've updated that, however, then I suggest you get on to the ICO as BBoo has posted.

One of my creditors has continuously marked my CF with defaulted/ delinquent payments every month since defaulting me a few years ago. The original date has stayed the same.

[loring]

Re: lorings UE Diary

Hi
The account was originally defaulted in 2005 and registered with the credit reference agencies, RBS/Mint cancelled the account from my credit file in March 2011 but on the very same day they re registered it as a new account with no default nor was it marked as a "delinquent" account. Then in May 2011 they issued me a new default notice and in July 2011 they marked the account as "delinquent". The matter has been reported to the ICO but they are so busy they have not been able to look at my complaint yet.

[Never-In-Doubt]

Re: lorings UE Diary

Hiya

This is a simple breach of s.87 and easy to rectify, you can send a letter to the CRA's demanding removal of the duplicate entry or you can contact them that added the default again.

I'd wait until after the automatic drop-off date before raising any queries though, just to be safe...... it's not the end of the world right now, and easy to fix.... Just send a copy of the old report that shows the old default date then attacha copy of the new report - they cannot add duplicate defaults for the same dabt. One default per lifecycle of debt

Niddy :niddy