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  #11  
Old 20-01-2008, 12:22 PM
Sexyeyes83 Sexyeyes83 is offline
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Quote:
Originally Posted by Tamadus View Post
I assume this is in relation to an overdraft? if it is then the overdraft is subject to the CCA (although no formal credit agreement exists) so a default notice should have been sent before registering default information.

Like Sparkie I would be very surprised if they had been honest and sent everything. In the first instance I would write to them tellinbg them that they have missed certain items and documents from the SAR, remiund them that witholding items means the SAR has not been complied with fully and that a complaint will be lodged with the ICO unless they respond quickly, give them a time limit.

If they dont respond then lodge the complaint.
No, all the oiginal charges were for "Unauthorised overdraft".
I went overdrawn by £42, and then it just snowballed with all the charges they started adding.

Quote:
Reading through the statements, I went overdrawn once by £42.79 in 2001.

Money Withdrawn Since 2001 - £170
Money Paid Into Account Since 2001 - £494.69

Unauthorised Overdraft Fees Since 2001 - £555.00
Interest Charged Since 2001 - £95.01
Today I have many more letters stashed in cupboards and draws that have not been included in the SAR.

I have lived at three addresses.

Address A (Parents)
Address B (Unknown who lives there now)
Address C (Current)

When I advised Natiowide I moved from Address A to Address B - They still continued to send statements to Address A, with the odd letter coming to Address B.

When I advised I moved to Address C, statements still went to Address A. I have no idea if they have sent anything to Address B since.
Even the court paperwork they sent to Address A, even though my address is shown on the claim as Address C!

Even though I have found old letters that have been sent to Address B - No where in all the documents they have sent me via the SAR does it once mention Address B.

Im going to phone customer services in a bit and enquire the reason as to the default being placed on my account and what they did to advise me. I will then phone the data protection department tomorrow and find out why so much information is missing. I will then work out what action to take next.

In realtion to the default, I strongly believe its unlawful, as it was applied during dispute and is completly made up of unlawful charges. Due to the default I have been unable to gain a mobile contract with Orange, meaning I have had to remain with 3 for an extra month so far at a higher tarriff. (If I downsize now they will lock me into another 12 month contract. Im going to move to orange once the deafult is removed.)

It also explains why I received a letter for barclaycard last year saying they are going to decrease my limit until the account is paid and closed. When I phoned up they said they had conducted a credit check and noticed I "may" be in financial difficulty. Obiviously seeing the default on my account that I had no idea was on there would have given them this impression!

I will keep you update!
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  #12  
Old 20-01-2008, 02:05 PM
sparkie1723 sparkie1723 is offline
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Hi Sexyeyes83,
By continuing to send letters containing personal info to an address they have been informed is no longer yours, is a breach of the 7th Principle of the DPA in any case.

sparkie
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  #13  
Old 20-01-2008, 02:33 PM
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Hocuspocus Hocuspocus is offline
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The fact the SAR gave the information that you did notify of change of address, great bargaining tool to have all charges deducted and default removed instantly, tell them you want it done now.

This would make a nice newspaper article, with there own admission they held the right address to stop their charges being added.

Also possible claim for damages on the default if it caused you problems.
__________________
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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  #14  
Old 20-01-2008, 02:48 PM
Sexyeyes83 Sexyeyes83 is offline
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Thanks

I phoned Nationwide "Customer services " and they said they can see a default has bee placed on the account - however could not tell me when it was put on, how much it is for or if I was notified. They said I would have to phone a different department tomorrow.

Im hoping to find out why quite a bit of information is missing from my SAR, and then put a complaint into the ICO in relation to this and also the fact that letters/statements have been sent to incorrect addresses even though Nationwide have the correct details on their systems.

Once the default has been removed, im then going to challenge why it was placed there and their policy into informaing people of this. I will then attempt to claim damages for the financial loss of not being able to obtain a contract with orange, and also the distress caused by Barclaycard reducing my credit limit each month until the account is closed due to finding out I had an incorrect default. Its not nice when your told "this is because it appears to us you are in financial difficulty".

Ive already claimed my charges back, had these refunded in May 2007.
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  #15  
Old 21-01-2008, 12:10 PM
Sexyeyes83 Sexyeyes83 is offline
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Phoned up Nationwide customer services and asked to be put through to the data protection department so I could challenge the missing information. After being passed through to four people, they finally put me through to an answering machine Ive left a message, but guessing they will never call back.

I then phoned up again to ask about the default on my account and was put through to the collection department. What a waste of time that was!

The challenged me on how I knew about the default. When I said it was on my credit file they then asked me how much it was for!!

In short they said -

They dont know when it was put on
They dont know how much it is for
A default notice would have been sent out - but they didnt know where it was sent!

The best comment of all that would have made me laugh if I wasnt so angry -
"The default will only stay on your account for 3 years and as its probably such a small amount it wont have any affect on your credit rating" - What world do these people live on?!

I said her answers wernt good enough and I wanted to speak to someone that could tell me when/why/where and how much. She said "hold on while I transfer the call" -which was promptly followed by "the other person has cleared"
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  #16  
Old 21-01-2008, 12:33 PM
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Sexyeyes, don't play the telephone game, do it all in writing, this way you have a paper trail laid. They do have to respond to letters (they think they don't) of course in the letter you will tell them if they don't tell you voluntarily what you want to know, they have the other option of telling a Judge.

Better still do it lawfully and SAR them. Letter in the Library and ask for ALL data they hold you
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  #17  
Old 21-01-2008, 12:40 PM
sparkie1723 sparkie1723 is offline
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Sexyeyes
Take D/L's advice allways in writing.

sparkie
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  #18  
Old 21-01-2008, 03:44 PM
Sexyeyes83 Sexyeyes83 is offline
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Hi,

Thanks for your advice. I did put one more call in where I was advised a default letter was sent out, but it did not state which address - whic was followed by "I can see there have been issues with your address in the past so it may have gone to the wrong one".

Ive also received a call back from the data protection department who couldnt apologise enough for the missing documents. He states that the collections department normally dont save their letters and as such they will not be on the system to send out. When I advised I also have letters from member services that were not included in the SAR he went very silent! (probably becuase this is the department that deals with complaints!)

He's asked me to send him and email listing all the missing documents whic I will do.
Im also writing a letter of complaint in relation to how this has all be handled. Ive got the basics in, but would like to back it up with legislation and to somehow ask for compenstation due to the incorrect default.

Heres my basic letter, if anyone can assit it would be really great.

Quote:
To whom it may concern,

Having conducted a search of my credit reports held by Experian, Equifax and Call Credit I have since noticed a default has been registered from Nationwide with Equifax and Callcredit.

The default held with CallCredit shows a registered date of March 2007 and Equifax shows this as being registered in December 2006. I would like to point out that prior to viewing this default on my credit file, I have received no correspondence from Nationwide advising a default would be registered. I would like to advise that at the time the default was registered, the account was in dispute as I had registered a claim with the county court in relation to unlawful bank charges. It is my understanding that once an account is in dispute, no further action can be taken on the account, including the registering of defaults.

I have since contacted your customer services who were unable to advise when or why the default was registered or how much the default is for. They did however state I would have received a letter advising me a default would be registered, however once again could not advise which address this would have been sent to.

During 2007 I received a letter from Barclaycard advising they were decreasing my credit limit until the account was fully paid and closed. I was concerned as I had never gone over the limit and had always made my payments on time. I contacted them and was advised after a routine credit check they noticed I may be in financial difficulty and as such was reducing/closing my account. It now appears that during that routine credit check they would have noticed the default on my account that would had led tot his decision.

In December 2007 I applied for mobile phone contract with the Orange network. This was declined and as such I conducted a credit check where this default was noticed. This is the only adverse entry on my credit file and as you can see is currently causing me financial loss and distress.

On the 13th December 2007 I applied for a full Subject Access Request in relation to ALL information held by Nationwide about me which was received via special delivery on the 19th January 2007.

I would like to advise of the below missing documents:

1) Any reference to my address of "Address B"
2) Any reference to the default registered on my account
3) Numerous letters which have not been included - including all letters that were sent to "Address B". I also have original letters that were sent to "Address C" and also "Adress A" that have not been included in the SAR

I would also like to question why when I changed my address from "Address A" to "Address B" why Nationwide continued to send sensitive details to "Address A". This also continued when I changed my address from "Address B" to "Address C". Nationwide still continued to seen sensitive details in relation to my account to "Address A".

Regards
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  #19  
Old 22-01-2008, 08:08 PM
Sexyeyes83 Sexyeyes83 is offline
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Hi!

On the 4th January I put in a dispute with Equifax regarding this default. They contact Nationwide and on the 7th I received a reply stating the default would be removed from the account. Since then the default hasnt gone anywhere so I sent another message to Equifax saying -

Quote:
It has since been twelve days since Nationwide stated this incorrect entry would be removed from my credit file and as of today it is still showing.

As Equifax is a data controller and are now aware this information is incorrect you have a legal duty under the data protection act to remove this entry. Simply advising I should wait for Nationwide to remove it is unacceptable.

I request you immediatly remove this default from my file. Failing to do so will result in a complaint to the ICO.
Today Equifax replied -

Quote:
Thank you for your recent correspondence details of which have been passed to me for investigation and resolution.

Nationwide:

I acknowledge your comments regarding the amendment of the above account, however I must advise that as Nationwide have confirmed that they will amend this account directly and have not authorised us to amend this we are unable to comply with your request.

This information is stored and updated as supplied to Equifax by the Lenders. This information can only be amended by the lender directly or by Equifax upon receipt of written instructions from the client.

If however, you wish to make a complaint, please note our regulatory body is

Information Commissionerís Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

I hope the above information is of assistance to you.

Kind Regards
I would have thought with Equifax being a data controller who are now aware that the default is incorrect would have a legal duty to remove it, instead of telling me they cant do anything.
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  #20  
Old 25-01-2008, 09:59 AM
Sexyeyes83 Sexyeyes83 is offline
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Contacted the ICO about this and their answer was a bit wishy washy. They acknowledge there have been breaches of the data protection act, however in the first instance I need to contact Nationwide regarding sending info to the wrong address etc.

Regarding the default, they say if it hasnt been removed after 28 days, put a complaint in and they will investigate. Whether it will be Nationwide of Equifax I dont know.
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