The ICO is the place to make the complaint. Be warned that it took me 9 months for them to get back to me!!

The reality is that a CRA might well merely store data and a DCA is their client. In the end both parties are responsible. The CRA because they are holding the details on their systems and the DCA because they are entering it. One should remember that the DCA and CRA respective Data Controllers should ensure anything that appears on a file is both honest and legal. If they don't then a swift trip to the County Court will bring them back to reality and the fact they cannot ride roughshod over anyone when it suits them.

This is really a DPA (Data Protection Act) problem because the debt would be stature barred and yet people acquire debts and ignore the dates when it suits them. Mackenzie Hall and Clarity are known culprits amongst others who IMHO steer very very close to the line.

Michael

Hi

I have seen this happen before. A relative of mine has statute barred debt and their debts have continued to be sold on. Luckily they live in Spain and therefore the UK credit record searches are not an issue.

If I were in your position I would make enquiries with the ICO regarding Data Protection issues, the OFT about the conduct of DCA's and maybe also the FOS to see if a complaint could be made about the searches.

ICO link https://www.ico.gov.uk/Global/contact_us.aspx

OFT link http://www.oft.gov.uk/contactus

FOS link http://www.financial-ombudsman.org.uk/contact/index.html

I am not sure Experian and Equifax would be much help if you contacted them. They provide a service to the financial services organisations and would not be willing to block the searches. This problem is currently being reviewed by government and the House of Commons Treasury Select committee. Martin Lewis from Moneysavingexpert is currently on the case regarding this issue, so you could also send him your information via that site.

If the ICO, OFT or FOS were willing to take on a complaint, this may be the only way to resolve this. But it will be an uphill battle which is not going to be quickly resolved.

Huckster

I have debts which I know are statute barred i.e. no acknowledgement or payments for over 7 years now. I had re-built my credit report and even had a new credit account with Next which was kept clean and tidy for over a year. The credit reports were looking good until last month I tried to purchase something in Next on my card and it was declined; Next had cancelled the account after checking with Equifax saying my credit score was bad. I checked with Equifax who said my credit score was excellent but a number of credit searches had been done and showing on the account by DCA's stating "Outstanding Debt" in the reason column.

Have Equifax made a mistake in placing in the credit searches table? Are the DCA's allowed the do a credit search on the account which shows up and effects my ability to re-build my credit report and my life? In the past I have written the Statute Barred letter to the DCA's however they say they will no longer contact me regarding the debt but then just sell the debt onto another DCA when they don't get anywhere.

Please advise I am at my wits end!