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  #21  
Old 14-08-2008, 10:26 PM
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Hocuspocus Hocuspocus is offline
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Just booking my ring side seat
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
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  #22  
Old 15-08-2008, 01:32 PM
sparkie1723 sparkie1723 is offline
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Long post this one but I am just getting the ball rolling with Callcredit, this is my next letter to John McAndrew the managing director of Callcredit

Dear Mr McAndrew,

I write to you again as there have been more developments with regard to the unlawful default on my credit file entered by HBOS and maintained there by Callcredit, the situation you are well aware of from my correspondence with you.

We have now reached he point where despite the statement made in an e-mail posted below

Hi William This message is being sent further to your recent dispute about a record on your credit file being provided to us by HBOS. HBOS has advised that the record in question is correctly recorded and cannot be removed from your credit file. Should you wish to dispute this matter further, we would request that you contact HBOS directly. We trust that this information is of assistance to you. Kind regards Customer Care
2008-07-31 14:59:18


I replied to this e-mail as follows

Dear Callcredit, Under section 159 and consumer Credit Regulations, I can see no regulation that states that a CRA cannot remove data without the consent of the creditor/supplier of that data. This being so when you tell me that you cannot remove it without the consent of HBOS you are actually making a negligent misrepresetative statement under the misrepresentation Act 1967. S2(1) Misrepresentation Act 1967 Negligent Misrepresentation For negligent misrepresentation the burden of proof rests on the representee to show that they had reasonable grounds for believing it to be true. This can be a heavy burden to discharge. Therfore I again demand that this entry is removed. Yours sincerely sparkie

I then sent this e-mail

I notice that the default on my credit file inserted by HBOS has now been removed. I have received no notification that this had been done Callcredit have informed me that HBOS would not allow you to remove it and you could not. Please explain why since I informed you that you had made misrepresentative statements to me, and I intended to take action against Callcredit. Would you also confirm; 1.Did Callcredit that removed it on the instruction of the HBOS or ; 2.Have Callcredit removed it on their own initiative, I requested this information for use in my Particulars of Claim I will be submitting to the Court.. Should you not answer these questions freely, Callcredit to will be asked them in court in order for the court to proportion the amount of blame to Callcredit and HBOS for this unlawful damaging default , Yours sincerely Thank you sparkie

I then received this reply


Hi William, Thank you for your recent message. You comments will be passed over to John McAndrew in due course. I can confirm that the default has now been removed from your credit file. It does not show on our records. It is likely that this account was removed by HBOS in one of the updates they have sent through to us since your last correspondence. We would be unable to remove the data without the permission of the data provider in this case HBOS and as they did not provide this authorisation before we would have been unable to remove it. If HBOS has removed the account at their end this would have filtered through on to our system. I would advise you contact HBOS directly to ensure this is the case. I trust this information is of assistance. Kind Regards, Customer Care.

I have contacted HBOS and spoke to a Mr Tim Grundy on Telephone Number 01422 326 566, who on my explaining the situation, and the question I was seeking an answer to, in that …. Who removed the “alleged unlawful default”.
Was it HBOS ...or ....was it Callcredit.

He advised me that on first checks of his computer system, that the matter is still being dealt with and still under investigation at executive office level i.e the Chairmans Office to whom I have written.
He could see as yet no instruction being given by HBOS to Callcredit to remove the said alleged default.

He did advise me that he would carry out further enquiries and would get back in touch with me before the end of business today.

In the meantime I place before the facts as it affects Callcredit at this moment in time.

Due to the fact that Callcredits on line system only allows me to go back 12 months, I can only submit the following;

1….At sometime around August 2007 or thereabouts Callcredit did receive and accept information/data about me from HBOS in the form of a default.

2….Callcredit then further processed this data and applied it to my credit file, they did so without;
a)…. ensuring that the data was being lawfully supplied in compliance with the First Principle of the Data Protection Act, and
b)…..Ensuring that the data was accurate and correct in compliance with the Fourth Principle of the afore said Act.
c…..Ensuring that HBOS and Callcredit themselves were adhering to and considering the advice given by the Information Commissioners Office on the registering of defaults, ( I have made you aware of all the relevant arguments in letters to you personally and e-mails to your customer care department ).

3…On again informing Callcredit that this default was unlawful, and requesting /demanding Callcredit remove it as it was causing me severe damage and distress, which also is affecting my partner who is linked to my files by association, was informed as you are aware of also it could not be removed with the permission of HBOS.

This is a falsely made statement under the New Fraud Act 2006, as Call credit are well aware of the fact that they do in fact remove data from credit files when they receive no reply to a query made by them to a supplier.

Therefore this is a false statement…the legal interpretation given by Lord Denning is that “a statement is either true or false ..there are no half truths”

Callcredit made a false statement to me.
I also make you aware of the phrase that is often used by Credit Reference Agency’s “ accepted industry standard” will not be accepted in a court of law as an excuse.
There are no statutes regarding “industry standards” it is just meaningless phrase as the law stands today.

4….CRA’s are supposed and allegedly to be impartial.
I challenge this statement;
On receiving notice from me that the default was unlawfully supplied, Callcredit accepted the word of HBOS that it was correct. We therefore had the situation where
a) I submitted it was incorrect
b) HBOS said it was correct.
Callcredit took it upon themselves to accept the word of HBOS over mine that is not impartiality.

When a complaint is made to the Information Commisioner and neither side can produce evidence to form an assessment the Information Commissioners Office tells the complainant that it cannot arbitrate and make an assessment as to who is right, and tells the complainant they must take it to court for a ruling as to who is right.

In my case Callcredit took the role of a court and decided that HBOS were right, that is not impartiality.

It was Callcredits decision alone to maintain that unlawful default on my file. The latest developments have shown that the default entry was incorrect and unlawful as it no longer appears on my file, it only remains to be discovered who actually removed it.

I have made my position perfectly clear previously and again suggest that Callcredit offer substantial compensation for the damage and distress caused by this issue and that as I have mentioned previously, has affected my partners credit status also and can claim the same damages should this be forced upon us both.

I therefore await your substantial offer within 14 days, failing this I make you aware of the fact I consider this letter to be a letter before action.

Yours sincerely

Last edited by sparkie1723 : 15-08-2008 at 01:35 PM.
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  #23  
Old 03-11-2008, 09:26 PM
sparkie1723 sparkie1723 is offline
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I will be taking all three CRA's on soon....and I have drawn a list of what I think will be awkward questions to be answered.... here they are.

sparkie

Questions about the processing of Data & Information about individuals.

What law statute or regulation states that Personal and Financial information MUST be supplied to Credit Reference Agencies. ( CRA’s)....(there isn't
one)


Questions regarding CRA’s.
1…What law, statute or regulation states that a CRA MUST accept all personal and financial information without question?

2…Why do CRA’s appear to believe and argue that they are not duty bound as a designated data controller in receiving and further processing data, to abide by the same obligations to an individual as another data controller who supplies data to a CRA, in ensuring that the data is lawfully obtained and passed to them in compliance with the First Principle of the Data Protection Act 1998?.

3…Why do CRA’s appear to believe and argue that they are not duty bound to ensure that the data they receive/obtain and further process is accurate, true, correct and up to date, in compliance with the Fourth Principle of the Data Protection Act 1998?

4…Why do CRA’s appear to believe and argue that they just have signed contractual
obligations to their clients and not have contractual interests/obligations to an individual, after all it is the information about individuals from which they make their money and depend on for that money,

5…Why do CRA’s not have in place a system which prevents the unlawful access to their system to prevent unlawful processing of data ( processing also means “obtaining of data” ) and is a necessary requirement under the Seventh Principle of the DPA ( Security of data.
i.e to prevent unlawful searching of a credit file without the knowledge and consent of the data subject.
In other words just allowing any client to access any file they wish without checking they had authorisation

6…Finally why is it that CRA’s are biased against all reason, by over riding any legitimate complaint/ dispute made by an individual. Why is this accepted when only a court can decide if they have that right.
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  #24  
Old 11-11-2008, 09:20 PM
redsue redsue is offline
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Hi sparkie
your posts above are concise and extremely informative - did you receive any answer to your excellent letter back in post 22?
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  #25  
Old 11-11-2008, 09:55 PM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by redsue View Post
Hi sparkie
your posts above are concise and extremely informative - did you receivce any answer to your excellent letter back in post 22?
Hi redsue ...Yes I received a sort of mumbling reply denying most of it, but it appears that the BOS removed the default because they had no documents to support it.

I will be taking Callcredit on soon and Mr McAndrew, ( he thinks I've gone away he's in for a shock later) I am concentrating on Experian at the moment.....I intend to take each CRA to court one after the other .

sparkie
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  #26  
Old 12-11-2008, 11:05 PM
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Hocuspocus Hocuspocus is offline
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Hi Sparkie I'm interested in another area but not sure you can add it in it may be out of the criteria.

When i needed an account to be deleted i received a letter saying it is done and that the other CRA's will now be notified.

When i needed to be released from sons financial connection i received a reply stating done but "i" will have to request the same from other CRA.

Why do they not always take notice, if one CRA accepts a decision and removes wrong information then that should be enough for the other. I now have to go through the whole fight for removal of my son, with the other 2. CRA's

If one is processing accurate, then the others can't be, so does that mean they will eventually fight amounts themselves? can we use one as proof against the other for inaccurate info.? They should all be accepting the same stance as all working under the same DPA act, and we shouldn't have to fight 3 times for anything.

could these areas be added in at all?
__________________
I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change
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  #27  
Old 13-11-2008, 09:01 AM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by Hocuspocus View Post
Hi Sparkie I'm interested in another area but not sure you can add it in it may be out of the criteria.

When i needed an account to be deleted i received a letter saying it is done and that the other CRA's will now be notified.

When i needed to be released from sons financial connection i received a reply stating done but "i" will have to request the same from other CRA.

Why do they not always take notice, if one CRA accepts a decision and removes wrong information then that should be enough for the other. I now have to go through the whole fight for removal of my son, with the other 2. CRA's

If one is processing accurate, then the others can't be, so does that mean they will eventually fight amounts themselves? can we use one as proof against the other for inaccurate info.? They should all be accepting the same stance as all working under the same DPA act, and we shouldn't have to fight 3 times for anything.

could these areas be added in at all?

Hi H/P,
Unfortunately that is the way it is until it is changed all the CRA's are independent from each other, they have different criteria, sometimes a creditor or other uses two of the three CRA's some don’t, you will have to go through the same hassle with each of the CRA’s.
I have found that they do not take any notice of each other.

That is one of the reasons I’m having big fights with Callcredit over the BOSdefault they kept on my file when both Equifax and Experian removed it some 15 months earlier, I had forgotten to fight Callcredit at the time…in fact were of the same opinion as you ….if Experian and Equifax removed it Callcredit would ….but not so .......hence I’m taking Callcredit on over this

sparkie
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  #28  
Old 13-11-2008, 09:07 AM
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Dragonlady Dragonlady is offline
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It is a bugbear, but these a private companies and not government entities so have no desire to communicate with each other, they are in competition.

It;s a bug bear, but as I have found out, you have to write the same letter three times and then sit back and wait for their weasly responses
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  #29  
Old 13-11-2008, 12:28 PM
redsue redsue is offline
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Quote:
I intend to take each CRA to court one after the other
i look forward to the battle
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