has anyone taken CRA to court and won

[fergal71]

I have been trying to have a settled default removed for some time now. The company in question have even sent letter to CRA's stating that they would not oppose removal if CRA's changed their policy.

 

However the CRA's will not remove due to 6 year retention rule. Has anyone taken CRA's to court over settled accounts. Has anyone won such a case do we have links or names?

 

If companies are passing responsibility in this way it appears that it is the CRA's that should be attacked.

They should be paying compensation for the harm they have caused by following industry standards rather than the laws of the land..... any ideas or advice.... This is the next big challenge after bank charges and PPI I am sure????

[citizenB]

You might find some answers on this thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112671-cag-cra-r-club.html#post1106584

[fergal71]

subscribed to this already... still no evidence of any victories I am at final stages before court...

[citizenB]

Aha, my apologies.

[fergal71]

sparkie I like your thinking you could be the new marc gander.... CRA's are worse than the banks it is there selling of our info that leads most of us into a spiral of debt with which this 6 year crap is difficult to get out of compensation to consumers against CRA's will soon happen and the flood gates will open as they have against bank charges and PPI. I personally can not wait they have caused me untold misery and humiliation for a simple mistake which has still not been resolved after 2 years of fighting....

[fergal71]

bump anyone won against cra's yet?

[Mistermind]

deleted

Edited July 18, 2008 by Mistermind
typo

[fergal71]

hi I have had same letter from company sent to equifax and experian and they are still refusing to move it.... it is the cra's that need to be challenged by consumers.... would really like a win to set precedent....

[The Plough]

I always thought the CRA's had to reflect accurate information and if a company wants to tell a CRA its inaccurate then who are the CRA to argue.

 

The agreement between companied and CRA is to protect your rights as a data subject over the companies and the CRA Rights to process your Data, if you have been told your Default can be removed i can't see how a CRA can refuse?????????????

 

try the ICO on that one.

 

Also ask the CRA for a copy of the agreement that they hold between them and the company which gives the CRA a right to process data received from the company , which in turn relates to you.

[Sparkie1723]

I forced Experian to remove a RBS default in 2004 because I threatened them with Libel action ( County Court ) RBS refused to give Experian the permission to remove the default for 4 years, on warning Experian of my intent .....they demanded RBS provide factual evidence of the default.......RBS "hid" behind the Data Protection Act and said in line with Data Protection legislation told Experian that they could not discuss my accounts with them without my signed consent..............Experian then wrote to me and said they had now removed the data from my file.............thats what the threat of libel can do...a CRA will not take the chance of a libel action it is too risky for them................Please read the link to libel I have posted on Experian the final battle by finlander and citezenb has copied over to the S.A.R - (Subject Access Request) CRA thread

 

sparkie

[Mistermind]

deleted

Edited July 18, 2008 by Mistermind

[knoxvillain]

surely since the banks say when you signed the agreenment to share info with the CRAs you have already given them signed permisson to talk to the CRAs about your account?

[Sparkie1723]

Mistermind and knoxviilian......exactly to both comments....and that is why in the end Experian removed it completely.......not just deleted it completely removed every trace of it .....they were in a catch 22 situation.......took a long time though..but only when I threatened libel action

 

 

sparkie

[knoxvillain]

I think I might need to go down the same round. I complained to HBOS and they did nothing, complained to FOS and they are still waiting to assign it. have complained to Experian and am now about 18 days into the 28 days and Experian say they haven't heard anything back from HBOS. Once 28 days is up I'll be asking Experian to suppress the account as per ICO Guidelines and if they won't then off to ICO and possibly court for libel as well.

[inklink66]

Hi, new to this so please forgive any errors! Just checked my credit file and found a default for Abbey because of bank charges reclaim, so have asked Experian to remove it. That reply should be fun! The main reason I'm posting is Forthright Finance Ltd have had a default on my file for 4 years and I didn't know! Basically, I voluntarily handed back my car to them after making half payments. That should have been the end of it but 6 months later they threatened to take me to court for the outstanding balance. I told them to wind their necks in and threatened action of my own. After investigating my file they apologised and said it was their error. Now 4 years later I find out they defaulted me. I have told Experian that they should contact Forthright and correct my file and that I shall be taking action over the libellous content of the entry. Should I follow it up or am I wasting my time? Who do the CRA have to answer to? I find it incredible that you can be ruined by faceless morons. Bah!!

[knoxvillain]

Pretty much they don't answer to anyone I would say. Obviously they are meant to answer to the law of the land but they seem to use confusion and lies to get around this too. Definitely pursue it with experian, I would try an two pronged attack as well and contact Forthright directly too. Do you have correspondance from them saying it was there mistake or was it a phone conversation?

[Sparkie1723]

Hi inklink66,

If you have applied for credit or any financial assistance while that default has been on your file and have either been refused credit or have had to pay a higher rate of interest because of it, you can sue either or both for damages.....................but if you have suffered no damage.....ie hasn't been seen by anyone ( ie your file searched ) there is not much you can do about it except have it removed.

 

sparkie

[Allwood]

What about ICO were they not able to help, I thought that they were supposer to be able to make CRA removed defaults if the CRA was acting illegally

[knoxvillain]

Allegedly yes..... however the opinions I've seen seem to be they are about as useful as FOS.