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Debt
consolidation provides both short term and long term
benefits. In the short term it offers the borrower
breathing space, as they now only have one manageable
loan repayment to make each month. In the long term it
offers savings, since paying off all existing debt now
has eliminated the borrower incurring and interest or
late fees in the future.
How to Check Your Credit File
First, if
you have never checked your credit files do it now!
There are two companies that supply 99% of all credit
reference requests:
Experian and Equifax
Write to both companies with all of your addresses in
the past 6 years (provide postcodes, go to
www.royalmail.co.uk if you need them). If there are two
of you, married or not, you will need two separate
applications. Send each application with a £2.00 cheque,
payable to the name of that company.
The information
will be sent to you in about 14 days. A useful booklet
that explains what to look for and what to do if you see
any problems will accompany the information you receive. Some credit repair companies charge an outrageous amount
of money to get to this stage. Whether you use a credit
repair, or not, you should get your own file from the
credit reference companies and scrutinize the
information. The two things you are looking for are:
1. County Court Judgment
Judgment, CCJ or however it is described The information
will provide the date of the CCJ, case no., court name,
value, defendant, and whether satisfied.
2. Default
A Default is a formal demand for payment of some form of
Agreement, say, a Hire Purchase Agreement that you have
missed three payments of. A Default must contain a
number of regulatory requirements. That it is served
under the Consumer Credit Act, the demand must say who
you are, delivered to where you live (or work), who the
creditor is, their address, how to contact them, what is
owed, what it is owed for, when you must pay the amount
by and what will happen if you do not pay i.e. “if you
do not pay £100 by 12/11/99 we will take legal action”,
and finally that you should seek advice… A CCJ and a
Default are both regarded as serious information by
lenders etc. You cannot pay or satisfy a Default: it is
just there! (Very, very unfair). An inexperienced clerk
at a finance company can send a Default to you without
any supervision or serious default.
On receipt of a Default Notice contact the creditor and
talk to a supervisor. Tell them that their Default
Notice is unfair, extremely damaging and may well
jeopardize your current financial standing to the extent
that you can foresee one creditor in particular who will
get 'extremely nervous' if you are seen to be unable to
maintain payments to another creditor: this is not a big
lie, nor a little one, its the truth! Ask them to cancel
he Default Notice (and yes they can, quite easily) and
that you will make the required payment: I suggest you
find what they need if at all possible.
Wrong Information and Fraud
A recent question asked of us explains some of the grey
areas of credit files
Question
I have been told I have a CIAFS Criminal Investigation
Fraud thing on my credit file! Can you tell me what this
is and why?? As I can't get credit.
Answer
The Credit Industry Fraud Avoidance System (CIFAS) acts
as a warning system to lenders that:
a) an address has an association with attempted finance
fraud
b) an individual has attempted financial fraud
The nature of 'fraud' ranges from incorrect application
forms (as with Peter Mandelson MP who falsified a
mortgage application saying he had no existing loans
when Geoffrey Robertson had loaned him £375,000), to
using aliases for minor credit transactions.
But, it is entirely possible (some say probable) that
the information held under the CIFAS tag is as
detrimental to the victims of fraud (say a stolen card
that has been used without being reported - for any
number of genuine reasons) as it is to the perpetrator
of a fraud.
You need to get your credit file and discover which
lender has provided details to CIFAS. You can then
demand their response, and if that response is basically
unfair and causing you necessary grief, ask them to
remove it or you will ask the Office of Fair Trading to
investigate your complaint. Many credit records have
poor and out of date information with the credit
reference companies lacking severe penalties for sloppy
administration.
Note of Correction
If you want to have a note attached explaining the
circumstances of the debt you can request (by
legislation) a 'note of correction'. The note should not
be more than 200 words and must not be incorrect,
defamatory, frivolous, scandalous or unsuitable. Loosing
a steady job or suffering illness/injury are good
reasons for sending a note - going 'off the rails' would
not get much of a hearing.
If you feel that the information on file is wrong or
unfair you can write to the credit agency and ask them
to rectify the entry. The agency must reply within 28
days. If you feel that you are still not getting a fair
hearing you can write to The Director General of Fair
Trading
Add in your letter that you are "sending the letter
under Section 159 (5) of the Consumer Credit Act 1974"
and include:
a) Your full name and address
b) Name and address of credit reference agency
c) Your reference number given by the credit reference
agency
d) The nature of your complaint: what you see as being
wrong, and how it affects your credit status and
applications.
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