How do I get wrong entry removed from my file?

[Durkin]

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

 

Yes, that's what I had understood, so within a month, ideally instantly. I don't bother with ICO. They're a waste of space in my experience.

 

Cheers,

 

Richard.

[Durkin]

 

No time frame given.

 

 

You could phone and ask about the time frame.

 

If they're taking too long, a gentle reminder that they'd have to pay your court costs might gee them along a little...

 

Richard.

[Dot1]

Hi Richard,

 

I will do that and update on their response.

 

Thanks

Dot

[Dot1]

Hi Richard,

 

I phoned but could not get hold of the person dealing with my case but was told that the message will be passed to him.

[Dot1]

Update.

 

Had reply from the CRA .

 

 

It states that in order to be considered for actual financial loss as a direct result of their failure to update the judgment,

I need to provide documentary or supporting evidence which details the losses suffered.

 

Alternatively, they can consider it on a non-financial loss basis in recognition of not carrying out the amendment when instructed to do so.

 

For this they need some additional information of how this has affected me

so that they can make an assessment in line with the guidance of the Financial Ombudsman Service,

which is something FOS themselves would require if I wanted to take it up with them directly to arbitrate on my behalf, they said.

Not sure of how to respond and would very much appreciate any suggestion or guidance as to how to address the above issues.

 

Thanks

 

Dot.

[Dot1]

Any help please. Just wondering what sort of prove would be required if I were to go for the non financial. Please help.

[citizenB]

I think you would just need to explain how this has affected you / your credit / your reputation and where necessary provide evidence of this.

[Durkin]

Hi Dot,

 

I'd definitely go for non-financial.

 

Use my case - Durkin v DSG & HFC where the Supreme Court agreed that £8K in 2006 for the mere injury to credit (no proof of loss required) was at least reasonable.

 

£8K 8 years ago will be more today but I'd keep the number under £10K.

 

Cheers,

 

Richard.

[Dot1]

Hi Dot,

 

I'd definitely go for non-financial.

 

Use my case - Durkin v DSG & HFC where the Supreme Court agreed that £8K in 2006 for the mere injury to credit (no proof of loss required) was at least reasonable.

 

£8K 8 years ago will be more today but I'd keep the number under £10K.

 

Cheers,

 

Richard.

 

Hi Richard,

 

Thanks for checking on me again. I think that is the best option since with option 1 I have no proof. The letter which went out referred them to your case but I am surprise that even for non financial they are asking for prove as per their reply. Any suggestion as to how I should respond please.

 

Thank you for your continuous input. Much appreciated.

 

Dot

[Dot1]

I think you would just need to explain how this has affected you / your credit / your reputation and where necessary provide evidence of this.

 

Hi citizen,

 

Sorry I missed your post. Ok, I will draft a letter and post it up on the forum for help.

 

Thanks.

Dot

[Durkin]

Hi Dot,

 

Something like this?

 

Dear CRA,

 

Durkin was awarded £8K in general damages, without proof of loss, for the mere injury to credit, in 2006. This was ratified in the Supreme Court earlier this year.

 

£8K 8 years ago would be equivalent to a higher sum today.

 

If £8K is good enough in the eyes of the Supreme Court, then it's good enough for me.

 

Yours Sincerely,

 

Dot

[Dot1]

Can I use this letter to respond?

 

Thanks

 

 

Dear,

 

Thank you for your letter of 00/00/0000 which the content is duly noted. I refer you to my letter of 15/11/1014 where I requested for general damage in compensation as in the recent Supreme Court ruling in the case of Durkin v DSG & HFC, This was awarded for the injury to credit without any proof.

I am sure you will appreciate that the inaccurate Data you held on me for almost four years has made me not only missed on deals but in some cases missed credit facilities. In addition it has also caused me a lot of stress. I hope this addresses the issues you raised and look forward to hearing from you soon.

[Dot1]

Hi Dot,

 

Something like this?

 

Dear CRA,

 

Durkin was awarded £8K in general damages, without proof of loss, for the mere injury to credit, in 2006. This was ratified in the Supreme Court earlier this year.

 

£8K 8 years ago would be equivalent to a higher sum today.

 

If £8K is good enough in the eyes of the Supreme Court, then it's good enough for me.

 

Yours Sincerely,

 

Dot

 

Hi Richard,

 

We posted at the same time. Thanks you for that I will send it to them then wait for their response and update accordingly.

 

Thanks

Dot

[Durkin]

Go for it.

 

Good Luck.

 

Richard.

[Dot1]

Thanks Richard,

 

Will update when there is one.

Heading out now to pick up the kids from school.

 

Thanks

 

Dot

[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.

 

[Dot1]

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.

 

 

Hi Slick,

 

Yes, I agree with you. I posted Richards version this afternoon and await their reply and will update.

Thanks

 

Dot

[Dot1]

Just wondering, does it matter how long it takes one to realize and inform the CRA of wrong data entry when it comes to issue of compensation?

As for my case I did not notice untill after a few years. It will be interesting to have your views on this.

 

Thanks

Dot

[Durkin]

Hi Dot,

 

Kpohraror, which my case was based on, was screwed for just a day. The bank rectified the error within a day but were still required to pay the equivalent of £8K for damage to Kpohraror's creditworthiness.

 

In my case, I remain screwed until 2017 at least and possibly for life. £8K was awarded.

 

If you fail to notice within 6 years (possibly less in England), the law doesn't allow a claim although you can still press criminal charges if you've been the victim of fraud and/or extortion, as I have done.

 

Cheers,

 

Richard.

Edited December 11, 2014 by Durkin
Spell

[Dot1]

Hi Richard,

 

Thanks for clarifying that. I was a bit concerned as I though the CRA may take a view that I should have informed them earlier which I could not since I had not checked my credit file.

 

Thanks

Dot

[citizenB]

Hi Richard,

 

Thanks for clarifying that. I was a bit concerned as I though the CRA may take a view that I should have informed them earlier which I could not since I had not checked my credit file.

 

Thanks

Dot

 

I rather suspect that until something untoward happens, such as being refused credit or you start getting letters from DCAs when you know you haven't any outstanding debts, that a lot of people simply don't consider checking their credit files !

[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.

 

[Dot1]

Hi Dot,

 

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

 

 

Hi Slick,

 

I did inform them immediately after accessing my credit report. That was in September this year.

 

Thanks Dot

[Dot1]

I rather suspect that until something untoward happens, such as being refused credit or you start getting letters from DCAs when you know you haven't any outstanding debts, that a lot of people simply don't consider checking their credit files !

 

Hi Citizen,

 

Thanks for the information. I suppose its just a matter of waiting for their response now which will then determine the next cause of action.

 

Thanks

 

Dot

[Ford]

hi dot

as the guys have said, as had thought, there seems to be a sort of 'auto' award re damages re damage to creditworthiness (assuming liability), regardless of any 'proof'. anything above that requiring proof of damage.

keep us informed.