How do I get wrong entry removed from my file?

[Dot1]

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.

 

Thanks Ford,

 

Certainly I will update the forum. Hopefully something will come through this week in terms of response.

 

Thanks

 

Dot

[Dot1]

Just wondering if a follow up letter would be ideal since there has not been any response since. Any suggestions?

 

Thanks

 

Dot

[Durkin]

Hi Dot,

 

Perhaps a brief call to confirm receipt of the letter. Ideally, you'd be speaking to them face to face. That way they'll see the real people whose lives they're trashing.

 

I hope you manage to get through the festivities with minimum stress and even find a way to enjoy it. A clear credit file should help!

 

Best wishes,

 

Richard

[Dot1]

Hi Dot,

 

Perhaps a brief call to confirm receipt of the letter. Ideally, you'd be speaking to them face to face. That way they'll see the real people whose lives they're trashing.

 

I hope you manage to get through the festivities with minimum stress and even find a way to enjoy it. A clear credit file should help!

 

Best wishes,

 

Richard

 

Hi Richard,

 

Thank you and I will give them a call and report back. I wish you too a good break for the season, peace, prosperity and good health in years ahead.

Thanks for your support.

 

Dot

[Dot1]

Hi Richard,

 

Got through and after being left on hold for a long time, only to be told that the caseworker only works part time (Mon-Wed). Will not be back until next week. I should call on Monday instead. They could not confirm receipt.

 

Dot.

[Durkin]

Hi Dot,

 

Strange they couldn't confirm receipt (I'm sure they could if they could be arsed). I wouldn't worry. Hopefully, the caseworker will show up on Monday.

 

Cheers,

 

Richard.

[Dot1]

Hi Dot,

 

Strange they couldn't confirm receipt (I'm sure they could if they could be arsed). I wouldn't worry. Hopefully, the caseworker will show up on Monday.

 

Cheers,

 

Richard.

 

Well, that the way it is for now but I will check on Monday again and post an update.

 

Thanks and have a good weekend

 

Dot

[Dot1]

Hi everyone,

 

Finally, I got a reply from the CRA.

We as you will notice, they are saying that there were two other CCJs against me and that has to be taken into consideration.

The have made an offer of £100 for compensation "in line with the Ombudsman guideline"

Where does this leave me?

 

Well as far as the two CCJs are concerned, they were both secured in 2009.

One Set Aside in 2010 and the other satisfied in early 2013.

The Set Aside one never got communicated by the Court until 2014 when I contacted the court after checking my credit report.

 

The case in question was entered against me in 2010, set aside there after and communicated to the CRAs

but Experian never adjusted their record to reflect the order.

 

The question is, where does this leave me? Any suggestions?

 

Thanks Dot.

 

Thank you for your email, which we received on --/12/2014.

 

Whilst I appreciate that you would like us to consider a claim for £0000 without evidence of loss or damage caused,

I?d like to be clear that this is not something we will be able to do.

 

With regards to the case of Mr Durkin, the Supreme Court makes no comment about the role of credit reference agencies in its judgment.

Moreover, the circumstances of the case differ from your own.

 

At this stage, I?d like to draw your attention to the requirements as detailed under Section 13 of the Data Protection Act 1998.

This Section directly relates to claiming compensation for a breach of this legislation.

 

Under this Section, an individual is required to provide evidence to demonstrate a direct link

between the financial loss they have suffered and a breach of the Data Protection Act 1998.

 

Please note that an individual is only entitled to compensation if they suffer damage as a result of a breach of the Data Protection Act.

A claim for distress can only be made in conjunction with a claim for damage,

so therefore if no damages have been incurred a company is not liable to pay compensation for distress.

 

I do understand you wish to be compensated for this,

however we would need to point out that at the time this judgment remained on your Credit report,

other information would have also affected your ability to obtain finance while the judgment remained,

such as the judgment under reference XXXXXX and YYYYYY.

We would therefore need to consider this when assessing your claim against us

.

We do understand that we have made this error and I am, with the information available to me now,

able to consider a compensation payment in line with the Financial Ombudsman Guideline?s.

If you would like to see this yourself, please follow the link below:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/distress-and-inconvenience.htm

 

With this in mind I am happy to consider a compensation payment of £100

and this would be our final offer in this regard without any further evidence from yourself.

 

Let me know if you are in agreement to this and I will arrange to send out the necessary acceptance form.

 

If you are unhappy with this your next step would be to contact the Financial Ombudsman Service

as outlined in Joe?s final response email of 29 October 2014.

 

Kind regards

 

Miss Emma A Watts

Customer Relations Consultant

 

Experian

[Durkin]

Happy New Year Dot,

 

It's up to you how far you're willing to take this.

 

If you have the energy and are willing to deal with the stress, you could try a small claim at your local court. I'd certainly avoid the ombudsman.

 

In my opinion, having listened to other advice in the forums, you would need to avoid any mention of the DPA in your claim. You can already see that they are pushing you towards it.

 

Your case is the same as mine in that you have suffered general damages to your creditworthiness.

 

For them to suggest otherwise is absurd, demonstrating a complete misunderstanding of what they're about.

 

Their antics are destroying people's lives and in your case thay can't pin it on a criminal lender. Someone needs to educate them that they can't keep getting away with it.

 

I imagine their argument that you were screwed anyway because of the court itself, would need to be reasoned by your local judge. It could be interesting.

 

Perhaps it might be better to avoid the stress though? Many people would be relieved at finally having a clear credit rating.

 

Then again A £100 offer to settle might just be the insult that I'd need to put in a small claim!

 

Good luck if you go for it.

 

Best wishes,

 

Richard.

[Dot1]

Happy New Year Dot,

 

It's up to you how far you're willing to take this.

 

If you have the energy and are willing to deal with the stress, you could try a small claim at your local court.

I'd certainly avoid the ombudsman.

 

In my opinion, having listened to other advice in the forums, you would need to avoid any mention of the DPA in your claim.

You can already see that they are pushing you towards it.

 

Your case is the same as mine in that you have suffered general damages to your creditworthiness.

 

For them to suggest otherwise is absurd, demonstrating a complete misunderstanding of what they're about.

 

Their antics are destroying people's lives and in your case thay can't pin it on a criminal lender.

Someone needs to educate them that they can't keep getting away with it.

 

I imagine their argument that you were screwed anyway because of the court itself,

would need to be reasoned by your local judge. It could be interesting.

 

Perhaps it might be better to avoid the stress though?

Many people would be relieved at finally having a clear credit rating.

 

Then again A £100 offer to settle might just be the insult that I'd need to put in a small claim!

 

Good luck if you go for it.

 

Best wishes,

 

Richard.

 

Happy new year Richard,

 

I agree with you that they are taking people for a ride and think that they are above the law.

 

 

Large [part of me feels that I should fight it till the end. I think £100 is the highest insult.

 

At this point then, what do I need to do next?

 

 

I am want to pursue it through a small claim then the judge can decide.

 

 

It has already caused me stress already so I might as well go the full length.

 

Any suggestion of what sort of letter to send them before I file the claim?

 

Thanks

Dot

[Dot1]

Any suggestions please or should I just accept it. Will appreciate your views please.

 

Thanks

 

Dot

[Durkin]

 

 

I am want to pursue it through a small claim then the judge can decide.

 

 

It has already caused me stress already so I might as well go the full length.

 

Any suggestion of what sort of letter to send them before I file the claim?

 

Thanks

Dot

 

Hi Dot,

 

A small claim needn't be too stressful, particularly if you have a helpful clerk and especially if there's an in court advisor that might be associated with your local CAB.

 

Perhaps you might write to the CRA beforehand something like this (remember I'm no lawyer although my sense of right from wrong seems to surpass most of the judiciary, legal practitioners, politicians and customer service managers that I've come across):

 

Dear CRA,

 

The CRA admits it has wrongly damaged my creditworthiness and is aware of the consequences such misrepresentation has on individuals.

 

I am minded to pursue a small claim in court for general damages under common law (that doesn't require proof of loss) as per Durkin who had no need to refer to the DPA.

 

This is a final opportunity for the CRA to do the right thing before I lodge a claim in court which of course will generate legal expenses.

 

Yours Sincerely,

 

DOT.

 

I don't have much time to help now while I'm juggling kids. I hope this helps though.

 

Good luck,

 

Richard.

[Dot1]

Hi Dot,

 

A small claim needn't be too stressful, particularly if you have a helpful clerk and especially if there's an in court advisor that might be associated with your local CAB.

 

Perhaps you might write to the CRA beforehand something like this (remember I'm no lawyer although my sense of right from wrong seems to surpass most of the judiciary, legal practitioners, politicians and customer service managers that I've come across):

 

Dear CRA,

 

The CRA admits it has wrongly damaged my creditworthiness and is aware of the consequences such misrepresentation has on individuals.

 

I am minded to pursue a small claim in court for general damages under common law (that doesn't require proof of loss) as per Durkin who had no need to refer to the DPA.

 

This is a final opportunity for the CRA to do the right thing before I lodge a claim in court which of course will generate legal expenses.

 

Yours Sincerely,

 

DOT.

 

I don't have much time to help now while I'm juggling kids. I hope this helps though.

 

Good luck,

 

Richard.

 

Hi Richard,

 

Thanks you for the guidance. I will do that and wait for their reply which will determine which way to go.

 

I appreciate your help.

 

Thanks

 

Dot

[Ford]

DPA s13 for reference

 

Compensation for failure to comply with certain requirements.

 

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

 

legislation.gov.uk

 

as durkin alludes #109/112, can there be compensation outside of the dpa?

 

100 does seem a minimal. in one eg re a bank sending someone elses data in a sar, the bank on an escalated internal complaint compensated 500 overall (50 was offered initially). no 'proof' of any dpa 'damage' was requested. but, that is different circumstances.

[Dot1]

DPA s13 for reference

 

Compensation for failure to comply with certain requirements.

 

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

 

legislation.gov.uk

 

as durkin alludes #109/112, can there be compensation outside of the dpa?

 

100 does seem a minimal. in one eg re a bank sending someone elses data in a sar, the bank on an escalated internal complaint compensated 500 overall (50 was offered initially). no 'proof' of any dpa 'damage' was requested. but, that is different circumstances.

 

Hi Ford and Happy New Year.

 

Thank you responding to my call and providing very helpful information. Despite CRA admitting that they are at fault, it seems that they do not want to take responsibility. I agree that 100 is on the lower side considering that the reporting happened for almost four years.

 

I was not expecting that them to offer to the amount Richard D got in compensation but a reasonable offer which 100 seems not to be near at all.

 

I know there is no guarantee but I feel that with help from GAG, I could give it a go in the small claim. I am aware that there will be issues of cost possibly for both sides depending on which way things go. Or should I go the DPA route and just accept whatever is offered if all at the uphold it.

 

Looking at their reply, they only seems to be thinking the DPA route but not the court. It is a grey area which needs clarification but that will come at a cost.

 

Reading around the forum, I have seen quite a few similar cases with CRA and they get away.

 

I am tempted to go all the way.???

 

What is your opinion?

 

Thanks

Dot

[Ford]

happy 2015

 

my opinion? not sure.

 

durkin says to avoid the dpa.

 

four yrs seems quite awhile to be reporting wrong info.

 

a small claim (up to 10k) generally wont involve costs against you (apart from court fees) if you lost, so it cld be worth a try. but, it seems, as durkin says, wld need to avoid the dpa ie s13 re quantifying the 'damage'.

 

consider yr personal circs, wld they be up for poss litigation?

 

dont know about this fos 100 'norm' they mention, doesnt seem to correlate given the 250 x 2 i mentioned. 250 seems to be the norm, after the usual initial 50?

 

have you considered a free consult with a solicitor, prob wld be re no win no fee if they took it on?

 

see what durkin says first

[Ford]

have the files now been corrected?

[Dot1]

happy 2015

 

my opinion? not sure.

 

durkin says to avoid the dpa.

 

four yrs seems quite awhile to be reporting wrong info.

 

a small claim (up to 10k) generally wont involve costs against you (apart from court fees), so it cld be worth a try. but, it seems, as durkin says, wld need to avoid the dpa ie s13 re quantifying the 'damage'.

 

consider yr personal circs, wld they be up for poss litigation?

 

dont know about this fos 100 'norm' they mention, doesnt seem to correlate given the 250 x 2 i mentioned. 250 seems to be the min, after the usual initial 50?

 

have you considered consulting a solicitor, prob wld be re no win no fee if they took it on?

 

see what durkin says first

 

Thank Ford,

 

Good point raised and I will try and seek some more advice before making any move in that in that direction.

 

Will report back.

 

Thanks

 

Dot

[Ford]

re small claims, a losing party wont ordinarily be liable for the other sides legal costs. so, it wld cost them more to defend, even if they won, than it wld to settle prior. if you see what i mean

 

wait see what richard etc suggest.

[Dot1]

re small claims, a losing party wont ordinarily be liable for the other sides legal costs. so, it wld cost them more to defend, even if they won, than it wld to settle prior. if you see what i mean

 

wait see what richard etc suggest.

 

Thank you very much Ford for you input. Hopefully, more suggestions will come over the weekend.

 

Thanks

 

Dot

[Dot1]

have the files now been corrected?

 

Sorry Ford,

 

I missed this post. yes the file has been corrected after a few a exchange. Its all sorted now.

 

Thanks

 

Dot

[Dot1]

Update,

 

Received a reply from the CRA as below.

Thank you for your further email of 04/01/2015.

 

I am sorry if you are unhappy with our offer of settlement. This is our final offer in this matter.

 

If you do wish to pursue a legal claim we will refer this to our internal legal team once we receive the necessary papers, alternatively you may wish to refer your case to the Financial Ombudsman Service for further advice and guidance.

 

 

Kind regards

 

Miss Emma A Watts

Customer Relations Consultant

 

Experian

[Ford]

Update,

 

Received a reply from the CRA as below.

Thank you for your further email of 04/01/2015.

 

I am sorry if you are unhappy with our offer of settlement. This is our final offer in this matter.

 

If you do wish to pursue a legal claim we will refer this to our internal legal team once we receive the necessary papers, alternatively you may wish to refer your case to the Financial Ombudsman Service for further advice and guidance.

 

 

Kind regards

 

Miss Emma A Watts

Customer Relations Consultant

 

Experian

 

oh ok, you sent the letter anyway.

 

your call then. ico, fos, fca, and/or litigation? or take 100.

[Dot1]

oh ok, you sent the letter anyway.

 

your call then. ico, fos, fca, and/or litigation? or take 100.

 

Hi Ford,

 

Yes I did.

You are right but its not an easy one.

 

Thanks

 

Dot

[Ford]

are you going to go for it then?