Mistaken identity has ruined my credit report for a 3rd time !!!

[Luco19]

I have a written letter from my council that states my name correctly and that i have been registered at my current address for 11 years which is correct.

 

I have NO middle name, the person that my electoral roll states has been changed to have a middle name.

 

For example electoral roll entry on credit file says joe bloggs, it was then changed to joe steven bloggs, and now since i complained they have changed it back to joe bloggs again.

[brassnecked]

You could ask the Council to find out who supplied the middle name and so changed your details, if a CRA they are in the doo do.

[Luco19]

Hi brass, thanks for your reply,

 

Thats the point, my council insist that my details that they hold has not changed, the only way it could have been changed is from the CRAs themselves or the company reporting.

[BankFodder]

As I have already said, I don't think you should do anything or contact anyone until 25 May so that you can get all of the information by means of a statutory request – rather than making complaints where somebody might then start cleaning up a bit.

 

In terms of these name changes, are you able to see the name changes. Are the changes tracked? Do you have evidence? Could you post something up in PDF format?

[Luco19]

Yes i can see the name changes along with anyone else searching my credit report, i have my downloaded reports stating the wrong name and the correct name being changed. Posting something like this in pdf would reveal my identity so not sure that would be a good thing at the moment , but i could pm you.

[BankFodder]

Thanks. No need to p.m. me with this. You could simply redact it so that we can see the changes but without seeing the first and last names. It's just that I would like to understand what it looks like.

 

Other than that, it's very important that you have all this evidence – and you seem to be accumulating it very well.

 

I know that it's frustrating but I'm completely convinced that it will be worth waiting until 25 May.

[Luco19]

I have uploaded 2 screenshots of my electoral roll entry on my credit file,

 

One with my correct details and one where someone has changed my name entry.

 

If the file does not open please let me know, had to download software to redact the information and not sure if i have done it correctly.

 

Thanks

Electoral roll entry correctly before change to incorrect name - Copy - Copy_1.pdf

Electoral roll entry changed to incorrect data_1.pdf

[Luco19]

Hi all, just a quick update as to whats happened over the past week, this week i have received a collection letter from capital one9one of the companies on my credit report) who have now passed the matter onto Fredrickson Int, another company to add to my contact list.

 

Also i received an email from Experian who this time seem to have been quite useful, i have attached the full email of there response.

Microsoft Word - Experian response letter 1.5.18.pdf

[BankFodder]

This is a very interesting letter. What stands out here is that Experian seem to be admitting that the data that they are holding on you is incorrect that they are refusing to remove it without the permission of the data controller.

 

I think they are wrong. I think that if they realise that they are carrying data in breach of the data protection act then they have a duty directly under the act to deal with it and they are not entitled to wait for permission from the data controller who has made the error in the first place.

 

I cannot imagine that there contractual/subscriber agreement with Lloyds bank or with O2 are capable of overwriting their basic statutory duties in respect of the lawful retention of your data. I think that they are trying to rely on some kind of industry practice and that they are saying they are bound by this contractually and that this overrides any statutory duty they have. This cannot be correct. Unless there is something in the statute which permits this exception, then what they are doing must be unlawful.

 

I would suggest to you that you make an immediate complaint to the information Commissioner. It will cost you nothing and I think that you should send a copy of the letter to the information Commissioner and complain to them that Experian are knowingly carrying inaccurate data and that they seem to be claiming that they owe a duty to their subscribers which overrides any statutory duty under the data protection act.

 

I would suggest that you prepare this letter, post a draft of it here in PDF format – and then send off tomorrow. You will be able to send it off by email and also by recorded delivery letter.

 

It will be very interesting to see the reaction of Experian who I can imagine will howl. Experian do not like being challenged and they resist any kind of regulation. If I'm wrong then you have lost nothing but if I am right then you would have made a substantial inroad into their cosy little relationship with their subscribers – and this needs doing very badly.

 

I think you can go ahead and start this particular process now even before you start collecting data through subject access requests on 25 May.

[Luco19]

Hi BF, i completely agree , they know that 02 have made the mistake and even though they have removed the accounts the addresses still stand, what should of happened is when the mistake was found then ALL information entered onto my credit report should have been removed.

[BankFodder]

Then go ahead – complain directly to the ICO. What you're looking for is for the ICO to respond that Experian has probably not complied with their DPA obligations. I think that would be quite enough to set the cat among the pigeons.

 

I expect that there would be a flurry of correspondence between Experian and the ICO could be likely to delay things and so you will need to make your complaint and then every 7 to 10 days or so, to ask about progress and to complain if there is a lack of progress. Furthermore, after three or four weeks you should start making SAR requests so that you can make sure that you are fully informed as to the progress of the complaint.

 

You never know, maybe the ICO will come back and say that Experian are correct – but then you can ask for justification of this. As I say, I simply can't imagine that a human rights statutory protection can be overridden by third party contract

[Luco19]

So far on Experian it is only the 1 account that has been linked 02 , where as Call Credit have linked over 10 accounts , they have removed the errors from my report for the time being they say as they could not get a response from 02 within the 28 day time period, but all of the links could be re-added to my report at anytime.

 

Should i hold off on making a complaint against call credit for the time being until things develop further ?

[BankFodder]

Yes, I think I would concentrate on Experian because you may gain some valuable lessons from it which you can apply to Call Credit. Once again, on the 25th – sent SARs to all of them and you may as well send 12 Experian at the same time but nothing to stop you beginning your complaint against Experian to the ICO straightaway. I wouldn't bother to contact Experian at the moment. They will simply become defensive and justify themselves. They don't like being challenged.

[Luco19]

Here is my letter so far for the ICO form, please let me know if i need to add anything else, thanks .

Microsoft Word - ico letter for data forum.pdf

[BankFodder]

Sorry, I think that it is far too wordy.

 

I'll suggest something in the next 10 mins or so

[BankFodder]

Broadly this:

 

Please see the attached letter from Experian.

 

You will notice that Experian acknowledges that there are at least two correct entries relating to me on their database and yet they refuse to remove them and in justification they say that they are unable to do so without permission from their subscribers.

 

Experience position is effectively that despite the fact that they recognise that my personal data has been unlawfully processed and therefore is included in their database unlawfully, any statutory duties they might have in relation to my data rights under the data protection act are subordinate to the contractual agreement which they have with their subscribers.

 

This cannot be correct. I do not accept that it is possible for my legal rights to exist subject to some overriding third-party contract.

 

This is the basis of my complaint. Even if the Information Commissioner is not able to order the immediate removal of the inaccurate data, I require an opinion that Experian is in breach of a supervening statutory duty.

 

I don't think you need to put any more than that. The complaint is obvious from the Experian letter and the commentary which I have suggested above.

 

I don't think you need to tell your life story. I think it all speaks for itself and the less you say, the more dignified and the more powerful is your complaint.

 

You don't need to worry about filling all the bits of their form. That is really intended for people who can't normally express themselves very coherently.

 

Most the information you need to give Experian is contained in the letter.

[Luco19]

Ok , ill make the changes and send it off tomorrow.

 

Thanks.

[Luco19]

Update of latest correspondance , ive linked 2 letters from Experian.

Never heard anything back from the ICO as yet.

Link stated as correct experian.pdf

Link stated as correct experian 2.pdf

[BankFodder]

I have to confess that I'm starting to get confused by it all because it seems to be a complete maze of interconnected dependencies and it's becoming a nightmare.

 

Anyway, there's nothing much you can do at the moment – except see what the ICO has to say and also have you sent off SARs to everyone now?

[Luco19]

I havn't sent off the SARs yet as per your advice to wait until the 25th and to get the new template. Is there a template available yet ?

 

 

thanks.

[BankFodder]

If today is 25 May then there must be a new template

[Andyorch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?387306&p=4192184#post4192184

[Luco19]

Thank you

 

@Bankfodder.

 

Im just wondering if you would have the time to help me out on the SAR side of things, as you know my case to put across is a bit tricky.

 

My first hurdle being is i dont have account numbers.

 

Secondly some of the defaults that where recorded i dont know what they were actually for e.g Loan, CC etc.

 

Some of the information i managed to get as per previous help from here for example what the CCJ was for i found out that it was from Volkswagon Finance.

 

One last question is some of the accounts listed have been sold onto DCAs , would i have to write SARs to these agencies also.

 

Thanks.

Edited May 25, 2018 by dx100uk
merge

[dx100uk]

don't need A/c no.s

defaults will be in the comms notes

you never sar a dca always the OC

[Luco19]

Thank You Dx