How do I get wrong entry removed from my file?

[Dot1]

The entry for case $$$$$$$ was only removed after I contacted the Court and they informed the trust. The trust then did the same to all the CRAs.

At the same time I also questioned case xxxxxxxx as it was showing on my file as a CCJ. Both the court and Trust confirmed communication among themselves and the CRAs.

In fact the Trust stated the date and the time they informed the CRAs as well. They re-send another instruction that very moment to CRAs again according to the letter they sent me.

[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.

 

 

Hi Slick,

 

I read the case laws above, any idea as to how much compensation was awarded in the - Kpohraror v Woolwich BS case? I could not see any figures.

Thanks Dot.

[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

 

[Dot1]

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

 

 

Thanks for that slick,

 

Just wondering that, "even if" the CRA were to agree to any compensation, don't you think they will take a view that there was another ccjs anyway. That is what I pick from their letter much as they admitted. What is your opinion?

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

 

[Dot1]

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 ...........

 

 

Thanks for your help slick. There was another one as per the earlier post but this too was a mistake by the court. as they did not inform the Trust.

I will wait for any other help that may be available.

 

Thanks

[Dot1]

Hi everyone,

 

I came across a Case Law in the past which was in relation to incorrect data entry/default/CCJ and there were two entries of which one was correct and the other was not. The financial organisation were saying that their entry did not cause much damage since there was another default already. They were claiming that that should affect the amount of award. However, the Judge did no agree with them. He was of the view that the effect of two defaults/CCJs was worse than one.

 

Could some one please remind me of the case or point me where to find.

 

Thanks for your help.

 

Dot

[citizenB]

Dot, you don't need to keep reporting your posts unless it is mega urgent. Those who are advising and those just subscribed to your thread, will receive notification by email or see that you have posted through their User Control Panel. They will look in as soon as they can

[citizenB]

I think the case law you are referring to is..

 

 

 

Kennedy LJ in

Woodchester v Swayne [1998]

 

http://www.bailii.org/ew/cases/EWCA/Civ/1998/1209.html

[citizenB]

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

 

 

or this one posted by slick132 earlier on in your thread, perhaps !

[Dot1]

I think the case law you are referring to is..

 

 

 

Kennedy LJ in

Woodchester v Swayne [1998]

 

http://www.bailii.org/ew/cases/EWCA/Civ/1998/1209.html

 

Hi citizen,

 

Sorry for being impatient. I get your point.

Thanks for the link above, I will go through it.

 

Dot

[citizenB]

No worries, I understand you want to move forward

 

If those aren't the right ones, then slick132 will be around later on and will almost certainly know what you are looking for.

[Dot1]

No worries, I understand you want to move forward

 

If those aren't the right ones, then slick132 will be around later on and will almost certainly know what you are looking for.

 

Many thanks once again. I am still going through them.

Dot

[Durkin]

Hi Dot,

 

It seems there are 2 bodies at fault here. The court and the CRA. (I know Cabot are evil too though).

 

I doubt the error from the court can be addressed with any satisfaction. I'd like to think that the CRA might compensate you though.

 

Having a wrongful default registered against you can be absolutely devastating (It has annihilated my families lifestyle well beyond the original 6 years).

 

We were awarded £8K (based on Kpohraror & King) for damage (utter annihilation - more like) to my creditworthiness. Both Kpohraror & King suffered for a few days. We are facing a lifetime.

 

Think of a number up to £10K (Small Claim limit) that you'd be happy with. Ask the CRA. If they refuse to compensate you adequately, consider a small claim. (ICO and financial ombudsman in my experience waste time/life)

 

If it ends up in court, ensure that you ask for general damages to creditworthiness, to be awarded at the discretion of the court based on my case (Durkin v DSG & HFC)

 

The main difference between your case and mine seems to be that the CRA rather than a creditor has screwed you.

 

If you've been prevented from buying a family home in a rising market (as we have been), PM me.

 

I hope you are managing to contain stress levels.

 

Best wishes.

 

Richard.

[Dot1]

Hi Dot,

 

It seems there are 2 bodies at fault here. The court and the CRA. (I know Cabot are evil too though).

 

I doubt the error from the court can be addressed with any satisfaction. I'd like to think that the CRA might compensate you though.

 

Having a wrongful default registered against you can be absolutely devastating (It has annihilated my families lifestyle well beyond the original 6 years).

 

We were awarded £8K (based on Kpohraror & King) for damage (utter annihilation - more like) to my creditworthiness. Both Kpohraror & King suffered for a few days. We are facing a lifetime.

 

Think of a number up to £10K (Small Claim limit) that you'd be happy with. Ask the CRA. If they refuse to compensate you adequately, consider a small claim. (ICO and financial ombudsman in my experience waste time/life)

 

If it ends up in court, ensure that you ask for general damages to creditworthiness, to be awarded at the discretion of the court based on my case (Durkin v DSG & HFC)

 

The main difference between your case and mine seems to be that the CRA rather than a creditor has screwed you.

 

If you've been prevented from buying a family home in a rising market (as we have been), PM me.

 

I hope you are managing to contain stress levels.

 

Best wishes.

 

Richard.

 

Hi Durkin,

 

Sorry about the delay in coming back. The day was rather busy

 

Thank you for your input and that gives me strength to fight on with the help of experienced people like you.

Yes, I agree that there is nothing I can do about the court. It is clear that the CRA are trying to shift blame because of the other CCJ. I am prepared to follow it through.

I will PM you. Thanks

 

Dot

[Dot1]

Might anyone know of the time frame for wrong data entry (data breach ) correction according to ICO please? Would I appreciate if someone could guide me on that please.

 

Thanks

 

Dot

[Durkin]

Hi Dot,

 

Wrongful entries should be sorted within a month but can be done almost instantly, I understand.

 

I think £10K is a starting point but the CRA will probably ask you to jump through some hoops before offering a lower sum.

 

If the lower sum is inadequate a small claim needn't bee too stressfull or time consuming. It should be all sorted within 3 months, say.

 

Keep your letter to the CRA succinct.

 

Consider a chat with your MP to try and help change things.

 

Good luck.

 

Richard.

[Dot1]

Hi Dot,

 

Wrongful entries should be sorted within a month but can be done almost instantly, I understand.

 

I think £10K is a starting point but the CRA will probably ask you to jump through some hoops before offering a lower sum.

 

If the lower sum is inadequate a small claim needn't bee too stressfull or time consuming. It should be all sorted within 3 months, say.

 

Keep your letter to the CRA succinct.

 

Consider a chat with your MP to try and help change things.

 

Good luck.

 

Richard.

 

Hi Richard,

 

Thank you for your guidance and advise. I will follow it through and see what they will say. If and when there is an update, I will post it.

Thank you very much for dropping inn.

 

Dot

[Dot1]

This is the letter I am planning to send in response to the CRA letter. Could you guys please have a look at and advise/

 

Thanks Dot.

 

Dear....

 

Thank you for your email in response to my complaint. It is noted that you admit liability for failing to process accurate data about me, contrary to the DPA. re: xxxxxxxx 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 based on the case of (Kpohraror v Woolwich Building Society). Though you stated that this is your final response, I would like to request you to review you’re your decision

 

In view of the above I would like to request you to look into this matter again and come up with a settlement proposal to bring this matter to a swift and satisfactory conclusion. However, should you choose to ignore my letter or maintain your decision, I will have no choice but to put you on notice and seek help from through the court to recover compensation and also to request for general damage at the courts discretion as per (Durkin V DSG). I hope there will be no need for us to go down that route as you are aware that apart from it being time consuming, it is also very expensive.

 

I look forward to hearing from you within 7 days from the date on this letter.

[Dot1]

Morning Slick,

 

Please have a look at post 69 for me. That is the letter I drafted in response to the CRA's. Is it ok?

Thanks

Dot

[Dot1]

Hi Slick,

 

Thanks for getting Richard to have a look at my thread. He gave me some valuable advise which I am sure will help me to deal with this matter. I would like to send the above letter to CRA and see what their response will be. I noticed that they said in their letter that that was their final response and the matter is closed. do you think such a letter will open a communication channel again?

The thread is very quiet. I think people are busy.

 

You thoughts is always appreciated.

 

Dots

[Durkin]

Hi Dot,

 

I'd start with something more succinct:

 

Dear....

 

Thank you for your email in response to my complaint. It is noted that you admit liability for failing to process accurate data about me resulting in damage to my creditworthiness. In view of this, and to settle this matter, it is requested that you compensate me with general damages as per the recent Supreme Court ruling in Durkin v DSG & HFC.

 

I look forward to hearing from you within 7 days from the date on this letter.

 

It's your case though...

 

Cheers,

 

Richard.

[Dot1]

Hi Dot,

 

I'd start with something more succinct:

 

Dear....

 

Thank you for your email in response to my complaint. It is noted that you admit liability for failing to process accurate data about me resulting in damage to my creditworthiness. In view of this, and to settle this matter, it is requested that you compensate me with general damages as per the recent Supreme Court ruling in Durkin v DSG & HFC.

 

I look forward to hearing from you within 7 days from the date on this letter.

 

It's your case though...

 

Cheers,

 

Richard.

 

Hi Richard,

 

Thanks for keeping an eye. I will send it and wait for their reply. Hopefully it will not be a very long fight but which ever way,

I am prepared to see it through. will update as soon as there is new.

 

Thanks Dot

[Dot1]

Hi Richard,

 

My question in post 66 was referring to time scale for them to remove the wrong entry after they are informed.

Any idea?

 

Thanks

Dot

[Dot1]

Just an update.

 

Letter went out last week and today I received an acknowledgement in which it was stated that the matter is being looked into then they will be in contact.

 

No time frame given.

 

Dot