How do I get wrong entry removed from my file?

[Dot1]

Thanks Ford,

 

OK, will wait for their reply and post an update. Hopefully it will not be too long.

 

Dot

 

hi

just thought maybe a formal written notice under section 159 might help progress things along. as once receiving a notice, a cra has to respond as per the section within time limits. and if not satisfactory, then the ICO/FCA can be involved, making an order.

but, seeing as it under written complaint already, maybe see then what results from that first?

[Dot1]

Hi all,

 

Just an update as promised. I checked my credit file today and found that both CCJs have been removed.

 

 

I have not heard anything yet regarding my complaint.

 

Still waiting but at least the wrong information are no longer there.

 

Will let you know their response as soon as I hear from them.

 

Thanks

 

Dot

[Dot1]

Another very interesting update,

 

 

I decided to check my Equifax file too but

 

 

to my surprise, both disputed CCJs which were with Credit Expert,

are now showing with them

 

 

yet when I last checked only one was showing which should not have even been there.

Instead of removing, they have added another one.

 

Not sure of what to do. I will write to the too and see what they will say.

 

Thanks

[slick132]

Hi Dot,

 

Take a Screen Shot of the Equifax data unless you have a paper copy of the CCJ entries. Save the Screen Shot on your computer or print it out now so you have it stored safely.

 

Then you have a copy even after the entries are changed.

 

Keep us updated.

 

[Dot1]

Update.

 

Finally I got a reply from credit Expert.

 

 

One on case (xxxxxxx) was reported wrongly for at least 4 years.

as for the ($$$$$) there was an error from court as stated in my earlier post and confirmed by the CRA.

They state that the uphold my complaint partially.

They do not mention anything to do with compensation but stated that this is their final decision.

 

Any advise? What should I do next. Thanks in advance for your help.

 

Further to our recent correspondence and in particular my email dated xx/xx/14, I can confirm I have now completed my investigations.

 

As part of these I have made internal enquiries with the department here responsible for updating our records

when Public Information updates are received and with Registry Trust Ltd

who send us the updates when they have received Public Information changes from the courts.

 

I can advise you that Registry Trust have told us in their responses to my enquiries that they sent us a set aside update

relating to the judgment xxxxxxxxx on xx/xx/2010,

but that they did not send us an update relating to judgment $$$$$$$$ until our recent enquiry.

 

This is supported by our team who have confirmed that this is the case.

 

This means we were certainly at fault in not amending the judgment xxxxxxxxx as set aside

when we received the appropriate notification in 2010.

Please accept my sincere apologies for this error.

 

However, both Registry Trust and our own database team have confirmed that no update was sent to us relating to the judgment $$$$$$$$$

and this is why this one remained on our records until recently.

 

I'd like to thank you for getting in touch with us about your concerns and I hope I've clearly explained our view in relation to judgment $$$$$$$$$

in that we did not receive an update and so could not change our records.

 

I do agree though that we've let you down by failing to act on the update originally received from Registry Trust in relation to judgment xxxxxxxxxx.

I'm really sorry and I'll of course be providing relevant feedback so that we can look at addressing this matter internally.

I'll also be recording the outcome of your complaint as partially upheld in your favour.

 

Comments and feedback like yours are really valuable to us as we're always trying to improve our products to make sure

we're giving people the service they want.

 

I'd like to thank you for making us aware of this and for giving us the chance to make amends.

 

We have to let you know when we've reached a decision about the outcome of your complaint.

So please consider this to be our final response.

 

This is based on the information we have available and your case has now been closed.

If you have any other information you don't think I've considered though, please do come back to me directly:

 

- xxxxxxxxxxx Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

- By Emailing xxxxxxxxxx@experian.com

 

This now means that if you're still unhappy, you have the right to refer your complaint to the Financial Ombudsman Service

within 6 months of the date at the top of this e-mail and full details can be found here:

 

www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

Please let me know if you'd like me to send you a copy of this in the post or if there is anything else about your complaint that you'd like to discuss.

 

Kind regards

 

xxxxxxxxxxxx

Customer Relations Consultant

 

UK & I Operations

Experian

[BRIGADIER2JCS]

Update.

 

Finally I got a reply from credit Expert. One on case (xxxxxxx) was reported wrongly for at least 4 years. as for the ($$$$$) there was an error from court as stated in my earlier post and confirmed by the CRA. They state that the uphold my complaint partially. They do not mention anything to do with compensation but stated that this is their final decision.

 

Any advise? What should I do next. Thanks in advance for your help.

 

Further to our recent correspondence and in particular my email dated xx/xx/14, I can confirm I have now completed my investigations.

 

As part of these I have made internal enquiries with the department here responsible for updating our records when Public Information updates are received and with Registry Trust Ltd who send us the updates when they have received Public Information changes from the courts.

 

I can advise you that Registry Trust have told us in their responses to my enquiries that they sent us a set aside update relating to the judgment xxxxxxxxx on xx/xx/2010, but that they did not send us an update relating to judgment $$$$$$$$ until our recent enquiry.

 

This is supported by our team who have confirmed that this is the case.

 

This means we were certainly at fault in not amending the judgment xxxxxxxxx as set aside when we received the appropriate notification in 2010. Please accept my sincere apologies for this error.

 

However, both Registry Trust and our own database team have confirmed that no update was sent to us relating to the judgment $$$$$$$$$ and this is why this one remained on our records until recently.

 

I'd like to thank you for getting in touch with us about your concerns and I hope I've clearly explained our view in relation to judgment $$$$$$$$$ in that we did not receive an update and so could not change our records. I do agree though that we've let you down by failing to act on the update originally received from Registry Trust in relation to judgment xxxxxxxxxx. I'm really sorry and I'll of course be providing relevant feedback so that we can look at addressing this matter internally. I'll also be recording the outcome of your complaint as partially upheld in your favour.

 

Comments and feedback like yours are really valuable to us as we're always trying to improve our products to make sure we're giving people the service they want. I'd like to thank you for making us aware of this and for giving us the chance to make amends.

 

We have to let you know when we've reached a decision about the outcome of your complaint. So please consider this to be our final response.

 

This is based on the information we have available and your case has now been closed. If you have any other information you don't think I've considered though, please do come back to me directly:

 

- xxxxxxxxxxx Customer Relations, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

- By Emailing xxxxxxxxxx@experian.com

 

This now means that if you're still unhappy, you have the right to refer your complaint to the Financial Ombudsman Service within 6 months of the date at the top of this e-mail and full details can be found here:

 

www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

Please let me know if you'd like me to send you a copy of this in the post or if there is anything else about your complaint that you'd like to discuss.

 

Kind regards

 

xxxxxxxxxxxx

Customer Relations Consultant

 

UK & I Operations

Experian

 

 

 

 

I think you will have to prove that the erroneous data has caused tangible damage or provable loss to get" compensation".

[Dot1]

I think you will have to prove that the erroneous data has caused tangible damage or provable loss to get" compensation".

 

Hi BRIGADIER,

 

Thanks for your quick reply and sorry for coming back late on that.

How can I address that then, how do I prove this? Surely for 4 years they had this wrong entry on me and they do not want to take responsibility? Is that really fair?

 

Thanks.

[dx100uk]

what credit have you attained / been refused over this time?

 

 

dx

[Dot1]

what credit have you attained / been refused over this time?

 

 

dx

 

Hi dx,

 

Thanks for for that.

 

There are quite a few things including refusal of credit facilities from banks.

 

Offers of accounts basic accounts and refusal of account upgrade.

 

Missed out on deals too but unless I go back to the banks to get confirmation.

I have not got the letters to prove that anymore any more.

 

Hopefully they will help me.

 

Thanks.

[slick132]

Hi Dot,

 

I can advise you that Registry Trust have told us in their responses to my enquiries that they sent us a set aside update

relating to the judgment xxxxxxxxx on xx/xx/2010, but that they did not send us an update relating to judgment $$$$$$$$ until our recent enquiry.

 

Looks to me that they are trying to pass the buck here. If they are willing to publish data about you, they should be certain the info is accurate, or take responsibility for the consequences.

 

I would be looking to Credit Expert for compensation for their error. Because they've already said the error was not theirs, and the above letter was their final decision, they may well refuse to communicate further. If this happens, you can go to the ICO with a formal complaint, or you can take direct court action seeking compensation at the discretion of the court.

 

See what others think though .............

 

[Dot1]

Hi Dot,

 

 

 

Looks to me that they are trying to pass the buck here. If they are willing to publish data about you, they should be certain the info is accurate, or take responsibility for the consequences.

 

I would be looking to Credit Expert for compensation for their error. Because they've already said the error was not theirs, and the above letter was their final decision, they may well refuse to communicate further. If this happens, you can go to the ICO with a formal complaint, or you can take direct court action seeking compensation at the discretion of the court.

 

See what others think though .............

 

 

Hi slick,

 

Thanks for having a look. I very much feel I should do that but the problem I have is I may not be in a position to produce a tangible evidence. Won't the court or ICO need require a proof?

 

They have admitted they were at fault on one case but not on the other. The second case was the court's mistake. However the first case was reported wrongly for about 4 years. To them, apology is sufficient.

 

I will wait and see what other members will come up with but I need help with drafting up a letter in response to this letter of theirs please.

Thanks

[Ford]

it does look like they are passing the buck re $$$$$. can the registry trust also be held to account?

re xxxxxx, they shld then offer some comp'n. but seems they are willing to leave it to the fos.

am i right in thinking there is a minimal auto award for damage to credit, anything further requiring evidence of?

afaik, the ico cant award comp to individuals but can reprimand/fine a co.

dont know whether the fca cld award comp.

otherwise, wld be court

[Dot1]

it does look like they are passing the buck re $$$$$. can the registry trust also be held to account?

re xxxxxx, they shld then offer some comp'n. but seems they are willing to leave it to the fos.

am i right in thinking there is a minimal auto award for damage to credit, anything further requiring evidence of?

afaik, the ico cant award comp to individuals but can reprimand/fine a co.

dont know whether the fca cld award comp.

otherwise, wld be court

 

Thanks Ford,

 

What should I do next then please? Should I write to them and ask for compensation and see what they will come back with or should I refer it to Ombudsman?

As for the auto minimum award for damage, is there any case I can refer to?

Or am I better of with the court route?

 

I am quite confused and unsure of what to do next.

 

Any help is very much appreciated.

 

Dot

[slick132]

It's my understanding that you should be compensated for the wrongly posted adverse data. Relevant case law - Kpohraror v Woolwich BS

 

Additionally, if you suffered quantifiable consequential losses as a result of the adverse, this could be claimed in addition. Relevant case law - Richard Durkin v DSG Retail Ltd and another.

 

Court is the quickest route to justice. The FOS could investigate and recommend compensation but this is likely to be minimal. The ICO could do the same but I believe awards recommended by them would be the lowest.

 

I'll see if I can get some further input for you.

 

[Dot1]

It's my understanding that you should be compensated for the wrongly posted adverse data. Relevant case law - Kpohraror v Woolwich BS

 

Additionally, if you suffered quantifiable consequential losses as a result of the adverse, this could be claimed in addition. Relevant case law - Richard Durkin v DSG Retail Ltd and another.

 

Court is the quickest route to justice. The FOS could investigate and recommend compensation but this is likely to be minimal. The ICO could do the same but I believe awards recommended by them would be the lowest.

 

I'll see if I can get some further input for you.

 

 

Thanks a lot slick.

 

In your opinion, do you think writing back to them and asking for compensation base on the above case law will be useful or not? I am asking this question because of what they stated in their reply.

"

This is based on the information we have available and your case has now been closed. If you have any other information you don't think I've considered though, please do come back to me directly:

 

Do you think giving them a chance will be worth or not?

 

Thanks

[slick132]

Hi Dot,

 

I think Credit Expert are wriggling because they know this could end up costing them.

 

However, please bear with us a while we seek further input to assist you. This may take a day or two but it may be worth waiting.

 

[Dot1]

Hi Dot,

 

I think Credit Expert are wriggling because they know this could end up costing them.

 

However, please bear with us a while we seek further input to assist you. This may take a day or two but it may be worth waiting.

 

 

That is fine and thank you again for your help.

Dot

[Ford]

Thanks a lot slick.

 

In your opinion, do you think writing back to them and asking for compensation base on the above case law will be useful or not? I am asking this question because of what they stated in their reply.

"

This is based on the information we have available and your case has now been closed. If you have any other information you don't think I've considered though, please do come back to me directly:

 

Do you think giving them a chance will be worth or not?

 

Thanks

 

they seem to have given their final response, leaving it the fos. so, they might not respond. but, it cld be worth a try.

 

if so, maybe something brief eg along lines of?

 

 

it is noted that you admit liability for knowingly processing inaccurate/failing to process accurate data about me, contrary to the DPA etc, re xxxxx and so damaging my credit file. in view of this, and to settle this matter, it is requested that you compensate me for your unlawful actions. please forward yr settlement proposal within x days

(edit/amend to suit)

 

 

 

wait though for the further input

[BRIGADIER2JCS]

they seem to have given their final response, leaving it the fos. so, they might not respond. but, it cld be worth a try.

 

if so, maybe something brief eg along lines of?

 

it is noted that you admit liability for knowingly processing inaccurate/failing to process accurate data about me, contrary to the DPA etc, re xxxxx and so damaging my credit file. in view of this, and to settle this matter, it is requested that you compensate me for your unlawful actions. please forward yr settlement proposal within x days

 

 

wait though for the further input

 

 

I think a "test" the water letter I regard to financial redress is a reasonable approach if this fails to produce a positive response escalate to a " letter before action" but you Must be prepared to follow this through if necessary.

[Dot1]

they seem to have given their final response, leaving it the fos. so, they might not respond. but, it cld be worth a try.

 

if so, maybe something brief eg along lines of?

 

it is noted that you admit liability for knowingly processing inaccurate/failing to process accurate data about me, contrary to the DPA etc, re xxxxx and so damaging my credit file. in view of this, and to settle this matter, it is requested that you compensate me for your unlawful actions. please forward yr settlement proposal within x days

 

 

wait though for the further input

 

Thanks Ford,

 

I think that is a good idea, I will wait for other suggestions and thanks for the draft. Their response will determine the next move then.

Thanks

[Dot1]

I think a "test" the water letter I regard to financial redress is a reasonable approach if this fails to produce a positive response escalate to a " letter before action" but you Must be prepared to follow this through if necessary.

 

Hi BRIGADIER,

 

Thanks for that. I think they are testing the water to see if they can get away. Will give it a go and will be prepared to go all the way.

Thanks

[Ford]

Thanks Ford,

 

I think that is a good idea, I will wait for other suggestions and thanks for the draft. Their response will determine the next move then.

Thanks

 

if they respond. but yes, then either fos/fca/ico or a letter before court (but as brig says, only do an LBC if willing to go to court)

or cld do one of those anyway.

if sending such a letter 'to test the water' re redress, maybe post yr draft up prior for any input.

[Dot1]

if they respond. but yes, then either fos/fca/ico or a letter before court (but as brig says, only do an LBC if willing to go to court)

or cld do one of those anyway.

if sending such a letter 'to test the water' re redress, maybe post yr draft up prior for any input.

 

Ok, that is fine. Will post the draft before sending it.

I find their response quite interesting because what they said is exactly what happened. As per my earlier post at the beginning of the thread, there was no issue with 2nd case. The court confirmed to me that they did not communicate to the Trust with the update when the case was set aside.

CRA admits but leaves things in suspense in regards to the remedy. I think they are being crafty.

[Ford]

.. As per my earlier post at the beginning of the thread, there was no issue with 2nd case. The court confirmed to me that they did not communicate to the Trust with the update when the case was set aside.

.

 

is that re $$$$$$$$? so is the courts fault then re that one?

[Dot1]

is that re $$$$$$$$? so is the courts fault then re that one?

 

Yes, that is right regarding $$$$$$$$.

The court did not communicate to the Trust and both court and the Trust confirmed that in writing to me.