A CCJ on CRA file that isn't mine!

[evancosmo]

Hi all

 

Newcomer to CAG so if the post is a bit basic & info readily elsewhere - please forgive me & nudge me in right direction / put this post somewhere more appropriate.

 

OK. Been looking closely at CRA files & dealing with a range of issues. I have a CCJ recorded on my Equifax file (not on Callcredit or Experian). The judgement was made in 2005 for a little over £200 at Nottingham CCBC. The judgement info didn't include my full name - just the initial & surname.

 

 

Couldn't remember this one; but I'm not exactly an angel or organised for that matter so I decided to check it out. When I double checked the judgement date it dawned on me that this was at a time when I was living with my brother.

 

The reason this is so important is, naturally, we share the same surname but we also share initials on our first & middle names (parents! don't you just love them!).

 

At this point I started to suspect there may be a very good chance that this isn't mine.

 

First thing i did was to email Nottingham CCBC with the judgement number & ask for "any & all" info they had relating to the judgement. Next I searched my name at my brother's address with the Registry Trust.

 

Nottingham CCBC have just responded this morning with the name of the solicitors, creditor name & original amount owed. This is not my debt. Never had any dealings with the creditor (a holiday company). I'd made mention of the fact that i thought this may be a mistaken identity issue. They recommended speaking to the CRA about "a process called disassociation".

 

The Registry Trust search (even in my name which is different to my brothers) three CCJs over a six month period (the last two of these CCJs coincided with the time I was staying with my brother).

 

The first & third CCJs list first name & surname (my brother), the middle judgement (& the offender in this case) just lists an initial & a surname (which as I've explained already is the same for both my brother & I)

 

I had problems with Experian a few years ago as they thought an alias had been created but when challenged they removed that info. I'd never checked Equifax until last week.

 

It really annoys me that Equifax have held this incorrect, damaging & defamatory data for all these years.

 

Any thoughts on how to proceed here guys! I've no idea where to start. Nottingham CCBC is saying approach the CRA; the CRA is saying approach the court & I even rang the Registry Trust for the hell of it & they said approach the claimant. (googled the solicitors name & found nowt! & claimant was company who don't exist anymore (part of another one now) I think!)

 

Feel like I'm going around in ever decreasing circles & while I've a fair few defaults on my CRA files this is the only CCJ on any of them & I really really want it shifted as it's not even mine!

 

Thanks in advance

Edited September 7, 2009 by evancosmo
Positive outcome. Outstanding advice & support on CAG!

[BankFodder]

If the data doesn't refer to you, then it is a breach of the Data Protection Act Even if it is some innocent mistake. The CRA has a strict duty to keep their records correctly.

 

As the inclusion of this data on your file caused any any problems for you. Have you been refused credit? Have you been charged more for credit?

 

Who is it who placed the data on the file? It seems to me that the inclusion of names just with initials is extremely sloppy and is asking for trouble.

 

Your remedies are to complain to the Information Commissioner, to begin a court action for breach of the Data Protection Act or even to bring an action for defamation. This last remedy is fairly onerous and it is probably worth doing only if you have suffered some very clear losses.

 

An action under the data protection act would be fairly straightforward that would cost you £150 to bring, although you would get this back. A complaint to the information Commissioner is very easy, it will cost you nothing, that you will find it very unsatisfactory because it will take a long time for them to get round to deal with it and really the only likely result will be some quiet little hushed up removal of the error and no improvement in their systems and certainly no compensation for you.

 

If you haven't suffered any losses at all then the compensation level would be very low anyway, I can fully expect that the court would award you £100 or £200. If you have experienced any losses or inconvenience then I would definitely suggest the County Court route. I would also write a very stern letter to the CRA and requiring immediate removal -- not just correction and you should be complaining to them about their sloppy methods and the use of mere initials.

 

I think that this particular feature of this error would cause a County Court judge to be particularly on your side and would increase the level of damages slightly.

 

Even if the CRA agrees to remove the entry, don't expect much of the dialogue or apology or any expression of regret or of fault. They are Teflon, they are used to being Teflon and they are not used to being challenged or brought to account.

[evancosmo]

Thanks Bankfodder. Much appreciated.

 

Are there any template letters anywhere (not adverse to reading the data protection SI to quote chapter & verse but if it's already been done that would be even better)

 

I have had problems getting credit & I'm sure it must be due in no small part to this CCJ (my Equifax score isn't even a third of the "average" at the moment)

 

Will start ball rolling & updating this thread

 

Thanks again:)

[I've got no money]

Don't forget that you may be entitled to remission of court fees

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195872-court-fees-remission.html

[evancosmo]

OK, I've uploaded a copy of the letter I sent to Equifax yesterday. Hoping its succinct enough for this stage. Can't help wondering if this will do the job.

 

Does the s.10 DPA stuff apply in this instance does anyone know???

 

Thanks:rolleyes:

Equifax on notice CAG vers.doc

[evancosmo]

I've checked out the Equifax online service (another expense!) & notice that they've put the CCJ in a section they call "Attributable Data". There is a little statement on there that says:

 

1. this may or not be you

2. we're going to show this to whoever asks (even though we don't know whether it's you or not)

3. lenders should know that this is not necessarily about you

4. lenders should make enquiries to establish if this is you

5. information like this gets here when there are people at the same address with a similar name

 

HOW THE HELL IS THIS FAIR?????

 

 

I'm really taking exception to this. A creditor retained a solicitor who was allowed to make a claim which resulted in a judgement at Northampton CCBC with just an initial & a surname, not even a date of birth. This information is then recorded at Registry Trust who then supply it to Equifax who then make it publicly available & hey presto I have a CCJ on my file.

 

There is a data protection issue here but where the hell do I go with it. No one is saying that its their responsibility & they have no authority to alter it; yet I am clearly being damaged & distressed by this (s.13 DPA)

 

Has anyone else had problems with this?

thanks,

[evancosmo]

Pleassed to say that Equifax removed this information following my complaint! Small victories - although my equifax credit score improved by almost 200 points as a result (according to checkmyfile.com)