Is this negligent misrepresentation?

[Secretjay]

Hi,

 

Some background info

 

I defaulted on my current account in 2005.

 

The bank didn't register the default until 2009,

I had 4 years of late payment markers before the default.

 

I contacted the bank in 2010 querying the default date then complained to the ICO.

 

This took nearly 2 years of correspondence and the bank agreed to amend the default date to 2006

and so the account should have dropped off my Credit File in 2012.

 

However even although they agreed to change the default date they didn't actually do it until a year later.

It has just recently come off my Credit File.

 

I'm just wondering if this could be considered as negligent misrepresentation?

 

As they knowingly continued to report my personal data with the wrong default date

and the account remained on my Credit File for a year longer than it should have.

 

I am in Scotland and have been reading Mr Durkin's case.

 

Thanks.

[sequenci]

Hello there.

 

I think the Durkin case is still ongoing, not 100% on that, though.

 

Can you evidence any tangible financial losses for that year?

[Secretjay]

Hi,

 

I have no financial losses for that year. I was more thinking about the damage done to my credit.

 

The Durkin case is still ongoing but the part about damage to his creditworthiness was upheld in the appeal.

 

I believe Mr Durkin's default was a wrongful default for which he was to be awarded general damages whereas I did default on my account but the bank agreed the default should be dated 2006 and come off my Credit File in 2012. However they continued recording the default knowing it had a wrong default date for a further year which damaged my Credit File.

 

Thanks for your reply.

[BRIGADIER2JCS]

Any 'damage' to your credit profile would have to be provable.

You may however be able to seek some financial redress from the bank in regard to its failure to amend the files as promised.

One would expect a sum of £250-500 to be reasonable as there has been no financial loss.

[Secretjay]

Ok, thank you for your reply.

 

The bank did give me a payment of £250 a year ago when they agreed to change the date. So I'll leave it be then.

Thanks again.

[Secretjay]

Hello again,

 

 

this account eventually dropped off my Credit File in August 2013. I did ask the FOS for help in getting the bank to do what they had agreed to do but wouldn't do - change the inaccurate default date. (I hope that makes sense.)

 

 

In Jan 2014 the bank sold the account to a DCA. I checked my Credit File in April and the DCA has been recording this account as a default with the incorrect default date of Dec 2009. (This is the date I spent about 2 years getting corrected to 2006)

 

 

I sent a letter to both the DCA and the bank, after 28 days no reply from either. I sent another letter to both. The bank replied saying they won't correspond with me on this since the complaint has previously been fully investigated by the FOS - even although it's a different complaint of the same account. The DCA still has a week to reply.

 

 

Any thoughts on how I should proceed now?

 

 

Thanks

[dx100uk]

I would hope with the letter from the FOS and the OC

that the dca will change theirs too.

 

sadly though, with the change in the ICO guidelines now

I wonder if there is anything you are due to be compensated for mind?

 

dx

[Secretjay]

Thanks dx100uk

 

 

I've now had a reply from the DCA stating they contacted the bank and the bank have confirmed the wrong default date (Dec 2009) is correct and enclosed a copy of the letter. The DCA say they won't change the default.

 

 

The DCA has just taken the word of the bank and ignored the information I sent proving the default date was amended to 2006.

 

 

Just wondering who is in the wrong here? Is it the DCA for continuing to record a wrong default on my Credit Files or is it the bank for supplying them with the wrong information?

 

 

Not sure what to do now.

[BRIGADIER2JCS]

Thanks dx100uk

 

 

I've now had a reply from the DCA stating they contacted the bank and the bank have confirmed the wrong default date (Dec 2009) is correct and enclosed a copy of the letter. The DCA say they won't change the default.

 

 

The DCA has just taken the word of the bank and ignored the information I sent proving the default date was amended to 2006.

 

 

Just wondering who is in the wrong here? Is it the DCA for continuing to record a wrong default on my Credit Files or is it the bank for supplying them with the wrong information?

 

 

Not sure what to do now.

 

 

 

I would put a complaint to the ICO, manipulation of Data published on CRAs.

 

 

What exactly is it you have as proof of the default date being reset to 2006?

[Secretjay]

I have a letter from ICO from 2011 stating the bank was to change the default date to when the account was 3-6 months in arrears (so back to 2006)

I have several letters from the bank apologising for their error in recording an incorrect date and they would amend the date to 2006 (I sent a copy of one to DCA)

I have a letter from FOS confirming the default date should be 2006

 

 

When the account was still with the bank it did eventually drop off my Credit File but now it's sold to DCA they have re-added it to my Credit File with the wrong date and now the bank have confirmed to them that the wrong date is correct.

 

 

Thanks

[BRIGADIER2JCS]

I have a letter from ICO from 2011 stating the bank was to change the default date to when the account was 3-6 months in arrears (so back to 2006)

I have several letters from the bank apologising for their error in recording an incorrect date and they would amend the date to 2006 (I sent a copy of one to DCA)

I have a letter from FOS confirming the default date should be 2006

 

 

When the account was still with the bank it did eventually drop off my Credit File but now it's sold to DCA they have re-added it to my Credit File with the wrong date and now the bank have confirmed to them that the wrong date is correct.

 

 

Thanks

 

 

OK I suggest the place to start is placing a " notice of dispute" on the CRA files.

 

 

Then a Formal Complaint to the DCA (which is btw). Send copies of all the letters with the complaint, use signed for post., send the same to the bank addressed to the data controller.

 

I'm guessing here but it is possible that the department of the bank that dealt with this latest matter did not have knowledge of the previous action.

 

 

I think dx100 is right in thinking that financial redress is due here.

 

 

If you like help with the complaint just come back here.

[Secretjay]

Thanks Brigadier2jcs

 

 

I'll post all the information I have to both the DCA (MKDP LLP) and the bank.

 

 

Will post back when I hear anything.

[BRIGADIER2JCS]

Thanks Brigadier2jcs

 

 

I'll post all the information I have to both the DCA (MKDP LLP) and the bank.

 

 

Will post back when I hear anything.

Good luck !!!