How do I get wrong entry removed from my file?

[slick132]

Hi Dot,

 

Make sure you are fighting the right battle here. If an actual CCJ is being incorrectly reported, then you must get it corrected. Just make sure they are not correctly reporting arrears.

 

If adverse CRA data is showing incorrectly, I would also tell the companies responsible that you will seek compensation as per the case of Kpohraror v Woolwich Building Society.

 

[slick132]

Hi Dot,

 

I did read your first post and am aware the a/c's are now closed. However, the debts still remain and they may be reportable which is why I commented as I did. Unless and until a debt is cleared, CRA's may continue report arrears

 

My understanding is that the court should remove a CCJ from the Register when it is Set Aside. See here - https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CEMQFjAA&url=http%3A%2F%2Fwww.trustonline.org.uk%2Funderstand-judgments-fines%2Fccjs-and-county-courts%2Fset-aside-a-judgment&ei=c8gVVKCWCcXraIGMglg&usg=AFQjCNHSj1GRDhS_D29VPF5oTvNmU9tCwg&sig2=LCB1pYIRHtNveEDC_isZJg&bvm=bv.75097201,d.d2s

 

So I would contact the court that originally registered the CCJ and ask that it be removed immediately, following the Set Aside granted on xxdate. That should take care of a CCJ on the Public Register.

 

Once that is done, you can contact the debt owners to demand that they immediately make sure the DCA's remove any reference to a CCJ.

 

In the meantime, you can contact the CRA's direct to inform them that they are reporting incorrect data.

 

[slick132]

Hi Dot,

 

If you are going to get this resolved properly and have any chance of being compensated if appropriate, you must keep all contact in writing only. Don't speak to any CRA or any DCA by phone.

 

I would ask the court to confirm in writing what was communicated to the Registry Trust, and when.

 

The complaint you made to Credit Expert - was this in writing or by phone. If the latter, put your complaint in writing asap and tell them you will only deal with this by letter and not by phone.

 

[slick132]

Hi Dot,

 

You could look at the cases of Kpohraror v Woolwich B Soc'y as mentioned in post #7 above.

 

Did you read the info in Para.2 of post #9 above.

 

[slick132]

Hi Dot,

 

Hi Slick,

 

It will be interesting to see what their reply will be especially when I have a confirmation in writing from both the Court and the Trust Registry that they were informed of the court order. Unless they are going to say that Court and Registry are lying which they have already said by the way over the phone by saying they did not receive instructions.

 

Dot

 

What they told you by phone, and what they are willing to say in writing may be two very different things. Hence the advice to stay OFF the phone.

 

Keep us updated.

 

[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.

 

[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 .............

 

[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.

 

[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.

 

[slick132]

Hi Dot,

 

According to this Swarb Report, general damages of £5.5K were awarded to Kpohraror - https://www.google.com/url?q=http://swarb.co.uk/kpohraror-v-woolwich-building-society-ca-10-jan-1996/&sa=U&ei=EVtVVIbPLM7e7AbmqYGwBQ&ved=0CAoQFjAD&client=internal-uds-cse&usg=AFQjCNFbRlK4lcgKsBn-B4xvEEhs6c8hXw

 

[slick132]

Hi Dot,

 

Yes, if there are other adverse markers or CCJ's against you, that may affect the damages that you could expect.

 

If you had an otherwise clean CRA record and the inaccurate CCJ marker was the only black mark against you, you could expect better compensation.

 

I'm still hoping for further input from another CAGger ...........

 

[slick132]

Hi Dot,

 

I prefer Richard's letter as it is more succinct.

 

Phrases like, "I am sure you will appreciate ...." can be avoided. Keep it short and to-the-point and it looks more business-like.

 

[slick132]

Hi Dot,

 

If you acted within a reasonable time after you first became aware of the CRA data, you have nothing to worry about.