View Poll Results: Should there be financial recourse for unfair credit bureau listings

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Thread: Unfair / Incorrect Credit Bureau Listings

  1. #1
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    Unfair / Incorrect Credit Bureau Listings

    Recently I have met several people that have been listed unfairly or incorrectly with Credit Bureaus. In one scenario the company could not even provide a contract of agreement, in another situation the person an employee of a company was listed due to debt owed by the company even more bizarre neither of these two people were informed that they were going to be listed.

    My aim by starting this thread is to gain a lil insight into the following three questions:

    Firstly, are there any opther people out there experiencing a similiar situation, I would be really interested to hear about it?

    Secondly, is there a process / procedure that needs to be followed by a company wanting to list a person and is this actively enforced?

    Thirdly, where a person is incorrectly / unfairly listed do they have any recourse, financial or otherwise? The reason behind this question is that in both scenarios above the individuals have had to run around, take time of work and make lengthy phone calls in feeble attempt to sort the matter out... to date still unable to obtain credit I find this so weird.

    Look forward to enlightening comments.

  2. #2
    Site Caretaker Dave A's Avatar
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    My experience is that people/organisations get listed because there's an unpaid bill or more somewhere and the debtor has been less than forthright in dealing with the issue.
    Quote Originally Posted by Svgtrust View Post
    ... the person an employee of a company was listed due to debt owed by the company ...
    What was the position held by the "employee"?
    How was the employee connected to the debt by the creditor? Surety? Gave the order without proper authority?

    To be honest, we've done something similar in a few scenarios. One situation is where the company claims the "employee" wasn't authorised to contract on their behalf in the matter. Another was where we we were only instructed to invoice a company after provision of the services - our argument being the original contract was between ourselves and the individual.
    Quote Originally Posted by Svgtrust View Post
    where a person is incorrectly / unfairly listed do they have any recourse, financial or otherwise?
    You may object to the listing with the credit listing service concerned.

    You could also sue for damages. Best be sure of your case and have deep pockets, though. In litigation success is rarely a surefire thing.

    There's a few duckers and divers I'd love to try to sue me for damages on something like this - at least I'd have somewhere to serve my own summons/countersuit.
    Last edited by Dave A; 16-Jul-10 at 10:48 AM.
    The trouble with opportunity is it normally comes dressed up as work.

  3. #3
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    Thanks for the reply Dave, I have requested info from the company (iburst) that initiated the listing, however a month later have still not received anything.

    Surely companies cannot list all and sundry unless they have the correct facts at hand.

    This individual was handling Technical admin and fulfilled a bookkeeper role for the company, even after explaining the situation to them, they continued to list her.

    Regards
    Sergio

  4. #4
    Gold Member garthu's Avatar
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    I have requested info from the company (iburst)
    Had a similar experience with them as well. They threatened me with black listing and we had a serious difference of opinion regards the bill as i had cancelled the service and they continued to bill. Wanted to sell me a new modem when i changed to Vista as the original didn't have a patch, i refused to do so.

    Also Telkom have tried ... they sold there debtors on and this causes a whole world of trouble. I paid the outstanding bill with the first collector. About a year later ANOTHER collector tried to collect same account with higher interest. About 6 months ago it started again with yet a different collector.

    The way i resolved them both is EVERYTHING in writing, email, fax etc. No phone conversations ASIDE from the initial call. Requested statements, payments that were made etc also advised them Black listing without these and we would have them in court etc. Once you listed then to late i guess but try to pick it up at the start.
    Garth

    Electric fence Installation : www.midrand-electronics.co.za
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  5. #5
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Svgtrust View Post
    Thanks for the reply Dave, I have requested info from the company (iburst) that initiated the listing,
    I seem to recall the signatory is a co-debtor or surety in the iBurst contract. Did the person listed sign the contract?
    The trouble with opportunity is it normally comes dressed up as work.

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    Cool DAMAGES FOR INCORRECT CREDIT DEFAULT

    DAMAGES FOR INCORRECT CREDIT DEFAULT
    Was about to purchase a new home (July 2010) and decided to check my credit record before I apply for the bond. This is what I found!!
    Listed by VODACOM LEGAL DEPARTMENT for 2004 outstanding account. The listed default date was June 2010. After numerous calls Vodacom admitted that it had been paid up and indicated that it was a fault on their side as the “file had not been closed”
    Is this legal? Firstly not being informed that they are about the list you or inform you that the amount is outstanding (All info at credit bureau up to date); secondly list you for a 6 year old account that has already been settled. Surely the must be a procedure before you can be listed by a credit bureau for default payment?
    What would have been the case should my bond not be granted due to this default. Can I claim damages?

  7. #7
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by StevenS View Post
    Surely the must be a procedure before you can be listed by a credit bureau for default payment?
    I expect the defence would be based on the provisions in the NCA that require you to be able to get a free credit report on yourself once a year and that listings can be disputed and corrected. One of the problems if prior notice was mandatory would be delivery issues.

    At first blush this might seem unreasonable, but you need to bear in mind one of the purposes of the act is to try to inhibit people who can't manage credit and really shouldn't be getting any more - as much to protect them from themselves as from potential new creditors. And some credit addicts can be damn difficult to serve notices on.

    My experience is professional financial institutions do understand that mistakes happen and act accordingly. In fact it's the "amateurs" that are the problem when it comes to this sort of thing.

    My personal profile has me listed as a member of a cc with two judgements against it dating back to 1998. I've never taken the trouble to clear it because it's irrelevant and hasn't proved a handicap for years now. But the other day I did have trouble opening an account at a supplier and had to walk him through what he was seeing.

    Click on the cc.
    Check the dates of the judgements.
    Click on each judgement to see what the story was.
    1st one - provisional liquidation of the cc.
    2nd one - final liquidation of the cc.
    Applicant in both judgements - me!

    My only crime was winding up the cc properly when it ceased trading.
    The trouble with opportunity is it normally comes dressed up as work.

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    Angry

    Hi,

    I've just recently discovered that I have been listed by CellC.

    I called them and was transferred to disgusting rude and arrogant consultants on their Legal Dept. I asked questions around the listing and why it is that I was not informed only to be told that they "left messages with my colleagues" in October 2009 for me to call them. When I said I did not get these messages they said "well, its not our problem" They used a tracing company to track me down but yet they had my work number and were sending me bills each month? Go figure?

    I wanted to know what the process and procedure was before a listing happens and I was told "you don't need to know that! Pay your account or the listing remains!"

    They had no record of EVER making contact with me - email, post, fax, phone - and all that was on record was that one phone message left in Oct 09. WOW!

    I tried to get hold of the manager of the legal dept and I was told I am not allowed to speak to that person directly and that the account had to be paid and that was final! I had to use some other tactics to get this person's details....

    I have now sent an email to who I was told is the manager and have received a read receipt. However, this means nothing and I am not going to hold my breath as I see on HelloPeter.com that these guys don't really give a flying hoot about complaints! In my email, I really lambasted CellC, their bullying tactics, business etiquette and their attitude towards customers. I asked whether there was any consultation, summons, final demand letters before the listing and asked that the evidence be provided. I, the "thief", as the guy called me, was not given an oppotunity to remedy this by either making a payment arrangement or signing an acknowledgement of debt. The consultant called me "irresponsible" as I took a contract but never used it. I told him that use of the contract was not his concern and the CellC was happily debiting my account each month for subs and had access to double debit should there be an arrears. He agreed but still said I was irresponsible....oh and this was the Legal Dept CallCentre Manager! WOW!

    These guys are supposed to be highly trained to deal with clients but instead of the client becoming irate, they do and not only that, they feel that they have owned that right to humiliate, embarrass and scream at the client.

    Well...they have a fight on their hands! I was prepared to pay the money but now....this becomes personal! I am not asking for an exception to rules but rather want information around this listing. They have abused my rights as a consumer as per the new Consumer Protection Act and now they will feel the pain...I'm going to hit them where it hurts most...their pockets....no courts...no lawyers...but....freedom of the press, using media, internet. This will give me more satisfaction. They using Trevor Noah as their ambassador aka CEO for their new ad campaign and I know someone who knows him very well.

    Anyways....who's in? Its time consumers stand together and fight these big concerns. Yes, you have debt, Yes, you owe them money but NO, they do not reserve the right to list on credit bureau without actually letting you know about? .....or am I wrong?

    Comments?
    Last edited by bradlesliect; 13-Aug-10 at 10:20 AM.

  9. #9
    Email problem orpaspar's Avatar
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    A friend of mine was blacklisted by SARS for failing to pay R240 000,00 in income tax. Turns out he hadn't even earned R240 000,00 in the previous two years and some incompetent idiot who was most probably dozing off while working made a "clerical error" by adding a few zeroes. He wasn't advised of the blacklisting and found out when trying to open a close corporation. After spending thousands on getting the incorrect tax debt sorted out with SARS through an accountant, he was not offered even an apology, let alone any assistance with the blacklisting. Unable to afford lawyers fees to rectify the situation, he just had to deal with it. I said he should sue SARS but on second thought, who knows what the repercussions would be.

    It is really sickening that companies and government departments can blacklist people almost at a whim and the victim has absolutely no redress and as is obvious from above, are not even advised of the action against them. Yes, if you have debts, you have to pay them but sometimes you find yourself in one of those "That was stupid of me .." situations, especially with regard to debit orders. How many people end up paying debit orders for services they do not want (and got duped into signing up for) just because of the threat of blacklisting? I have a gym contract with a despicable gym chain that I am suffering through.

    The law makes provisions for rectifying all these types of situations, but the law is out of touch with reality in so many ways.

    There are many examples of unscrupulous companies in SA that take advantage of the power of threatening blacklisting - those for whom good service is a foreign concept. I really hope that something is done about the power of these credit bureaus at least to offer those listed a reasonable chance to prove their innocence without having to resort to legal action - and perhaps offer some fine or punishment for the incorrect blacklisting of innocent people. Here's hoping ...

  10. Thanks given for this post:

    Dave A (13-Aug-10)

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    Quote Originally Posted by Dave A View Post
    Click on the cc.
    Check the dates of the judgements.
    Click on each judgement to see what the story was.
    1st one - provisional liquidation of the cc.
    2nd one - final liquidation of the cc.
    Applicant in both judgements - me!

    My only crime was winding up the cc properly when it ceased trading.
    Was this a special case or does the winding up properly of a cc result in a judgement / black mark against your name?

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