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  #21  
Old 29-01-2008, 01:47 PM
humbleman humbleman is offline
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MrDarcy

They are talking absolute S**T, lot of assumptions no facts or statutes. Forget the ICO they are a bunch of I and W
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  #22  
Old 29-01-2008, 01:55 PM
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Hey Humbleman,
The ICO are the governing body of this type of data/complaint/information and if they are gutless and in collusion with the CRAs or unable/unwilling to support consumers but are in favour of the establishment then i don't see a way forward with this..
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HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #23  
Old 29-01-2008, 02:56 PM
humbleman humbleman is offline
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lets for a moment deviate from this subject and look at a scenario.

I have a restaurant, I know the local Enviroment Health Office, I know if I make any changes to my kitchen and then ask for his views he is bound to disagree with a few things. If I call him prior to making any changes and give him reasoning behind what I what and where I want to locate things in the kitchen, 99% of times I will get what I want and he will feel he has had some input in the changes. He is happy and I am happy. Now I invite him for dinner with his family and look after them on the day I tell my chef to make sure everything is immaculate and by the books and invite them in the kitchen and have a look at the equipment cleaning procedures etc etc.

We all know that a kitchen in a restaurant is different on a day when you are likely to have an inspection.

A month later a customer complains to the EHO officer and this officer knows how we operate, from the visit on his free dinner date with me, I would get a call and a visit for the record and he will write to the customer and say that they investigated the complain and all is in order, and his experience was just a one off.

I hope you get the jist.

(for the record I neither have a restaurant nor know a friendly EHO)
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  #24  
Old 29-01-2008, 09:48 PM
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So you are saying each individual complaint would be considered on it's own merits and although the restaurant wouldn't be closed down altogether it's still worth complaining? What if the restaurant owner and the EHO are having an affair with each other in secret.. would the customer who complained about a cockroach in their soup still get a fair deal?
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-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #25  
Old 29-01-2008, 10:44 PM
humbleman humbleman is offline
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Quote:
Originally Posted by MrDarcy View Post
So you are saying each individual complaint would be considered on it's own merits and although the restaurant wouldn't be closed down altogether it's still worth complaining
Not quite what I meant

Quote:
Originally Posted by MrDarcy View Post
What if the restaurant owner and the EHO are having an affair with each other in secret.. would the customer who complained about a cockroach in their soup still get a fair deal?
EXACTLY what I was getting at, and the answer to your question of course they would not get a fair deal.
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  #26  
Old 31-01-2008, 09:59 AM
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MrDarcy MrDarcy is offline
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A further reply from CallCredit:
__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #27  
Old 31-01-2008, 10:29 AM
sparkie1723 sparkie1723 is offline
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If Mint have said they won't discuss it with call credit Demand that call credit remove it immediately or you will apply for a court order for them to remove as now as your dispute is quite clear and in progress, call credit MUST obtain proof that the info is correct because if it isnt they can be sued for libel by you.

sparkie
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  #28  
Old 31-01-2008, 10:34 AM
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Hey Sparkie... i hear what you are saying for sure. Have a look at the reply received today from Mint (Triton) though. That's the argument they are putting forward to confirm their view point on this.
http://www.consumercreditsupport.co....ead.php?t=2437
__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #29  
Old 11-06-2009, 09:40 AM
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MrDarcy MrDarcy is offline
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Recently i have tried to get a Notice of Correction added to some files in particular the 'application form' agreements and the improperly executed on Halifax with the CRAs.

The original wording i proposed was:

"Account in serious and valid legal dispute owing to a complete failure to produce either a properly executed Regulated Credit Card Agreement in full compliance with The Consumer Credit Act 1974, or a valid data consent in full compliance with The Data Protection Act 1998."

EXPERIAN'S response was:

" Thank you for your email, which we received on 07 May 2009.

Re: Notice of Correction Request

Thank you for sending us your Notice of Correction. I cannot add this as is may defame the companies you are referring too.

WHAT I HAVE DONE FOR YOU:

- I have changed the wording a little and would like you to consider using this instead.

"ACCOUNT IN SERIOUS AND VALID LEGAL DISPUTE OWING TO WHAT I BELIEVE TO BE A COMPLETE FAILURE TO PRODUCE EITHER A PROPERLY EXECUTED REGULATED CREDIT CARD AGREEMENT IN FULL COMPLIANCE WITH THE CONSUMER CREDIT ACT 1974, OR A VALID DATA CONSENT IN FULL COMPLIANCE WITH THE DATA PROTECTION ACT 1998. MR D"


WHAT I RECOMMEND YOU DO NEXT:

- Please let me know in writing or by return email whether you are happy with this.


FURTHER INFORMATION:

- You might like to use a different statement of your own. However, if you still want me to use your original statement, please let me know and I will send it to the Information Commissioner for a ruling.

Kind regards"

I left it at that as i knew i wasn't going get exactly what i wanted.

EQUIFAX's response was more annoying:

""Dear Mr Darcy

Thank you for your recent enquiry.

Upon investigation of our records, we regret to inform you that we are unable to record your Notice of Correction/Add a Note in the exact format of which it has been received. Equifax are unable to load a Notice of Correction/Add a Note if we think it may be defamatory, or for any other reason unsuitable. Should you require that an amended paragraph be loaded to your records, please re-submit the Notice of Correction."

I replied including the 'i believe' sentence and the annoying beyond belief template response from them was:

""Dear Davey

Thank you for your recent enquiry.

Upon investigation of our records, we regret to inform you that we are unable to record your Notice of Correction/Add a Note in the exact format of which it has been received. Equifax are unable to load a Notice of Correction/Add a Note if we think it may be defamatory, or for any other reason unsuitable. Should you require that an amended paragraph be loaded to your records, please re-submit the Notice of Correction.

In order to deal with your Add a Note / Notice of Correction more efficiently, choose the correct Product, Category and Sub Category. Choosing "Add a Note" will ensure your submitted text is reviewed and added to your file.

We await your resubmission of your Notice of Correction/Add a Note before taking further action with your enquiry.

Credit Agreements

We acknowledge your comments (what comments?!) concerning the details recorded on your credit report This information can only be amended by either the lender directly, or by Equifax upon receipt of written instructions from the lender. If you believe any of the entries are factually incorrect we have a Disputes Team who can investigate this further for you.

If you would like us to investigate any entries on your behalf, please update this incident below or write to us at the above address. If you wish to dispute more than one entry please raise each item in a separate incident.

(i know. I already jumped through these hoops a year ago. You wrote to the creditors and they told you they had every right to pass info as they had supplied valid agreements. You took their word for it and told me to bog off.)

The information you supply should include:

• Details of the entry being disputed
 the account name,
 account start date,
 current status of the account,
 current balance of the account,
 address that the account is located
• The reason why you are disputing the entry
• Any supporting documentation

Upon receipt of your updated incident we will contact the supplier concerned to verify the accuracy of the details we hold and we will add a notice to your Credit Report to show the entry is "in dispute".

Please be assured that we will proceed with our investigation as quickly as possible. We will ask the supplier of this information to respond to us within 21 days after which we will contact you with the outcome.

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

We hope the above details are of assistance to you.

Equifax Customer Services"


I was getting really annoyed by now i wrote the following:

"Your template responses are starting to annoy me and i haven't got time to waste replying to them.

The amended sentence containing the wording "OWING TO WHAT I BELIEVE TO BE A COMPLETE FAILURE etc" has been accepted in full by Experian and is acceptable in the view of the Information Commissioners Office. This phrasing will relieve your company of any liability and is a valid Notice of Correction statement.

I have already given you the accounts this statement of belief should be attached to and fail to see the point of giving you further information when what i have supplied is adequate.

I have made no 'comments' regarding your company's abilities and/or duties to process information correctly and i have no requirement for your quaintly entitled "disputes team" to contact any lender on my behalf as i have already jumped through those pointless hoops to no-mans-lands to no avail and as companies such as yours merely take the word of the lender as to valid or invalid agreements i have no such need to waste my time with such meanderings.

If you continue to refuse to place the exact wording (as amended for the purposes of avoidance in the area of defamation) i shall make a complaint to the Information Commissioners Office as they have already confirmed the sentence i wish to be added is acceptable.

your sincerely, me"


And so they said:

"Dear Mr Darcy

Thank you for your recent enquiry.

We are in receipt of the Notice of Correction/Add a Note you have provided and confirm your credit report has been updated. A Notice of Correction/Add a Note cannot be appended to the exact data it relates to, however, it will appear to the Lender prior to any other data on your credit report . The Notice of Correction/Add a Note will be available for you to view when you purchase your next credit report on-line..

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

We hope the above details are of assistance to you.

Equifax Customer Services"


I haven't checked my credit files lately as i don't have the spare cash but will do before the year is out.

As for CallCredit. They took 5 weeks to reply and i had this today:

__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #30  
Old 11-06-2009, 06:21 PM
BOUDICCA BOUDICCA is offline
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Rubbish!

Humour them;
PRINT IT!

BOUDICCA
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