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what legal action can you action if incorrect data is held?
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brians_daughter
Posts: 2,148 Forumite
ok, quick Q.
Background
DCA had a default registered against me from 2003, a few years down the line they changed the default date to 2005.
Obviously i have involved ICO i sent all info to ICO beginning December 2009 but they are dealing with May 2009 cases as of now so i can expect a 5 month wait (so they tell me)
Anyway, DCA said to me that indeed the data was incorrect and would be removing it - now they have changed their mind and decided data is correct! I have provided them with credit reports from 2004 to show original default and with credit report from 2010 to show date changed and the company name (not the amount or anything else)
Anyway, i have got a job that requires me to have a clean credit file. I wont get the job if i dont have...gggrr
Info from credit files in below, am i correct arent i that it should be removed?
2004 credit report read
co name london scottish bank
default balance £275
current balance £275
dafaulted on 10/9/2003
updated period 30/05/2005
today credit report reads
company name Robinson way
default balance £275
current balance £275
defaulted on 5/3/05
updated 15/2/09
Some manager is calling me back today, i want to give myself optimum chance of them removing it rather than waiting for ICO. What can i 'threaten' them with legally?
Also the CRAs wont remove the data, so if robionson way wont is there anything i can do/say to the CRAs instead?
Background
DCA had a default registered against me from 2003, a few years down the line they changed the default date to 2005.
Obviously i have involved ICO i sent all info to ICO beginning December 2009 but they are dealing with May 2009 cases as of now so i can expect a 5 month wait (so they tell me)
Anyway, DCA said to me that indeed the data was incorrect and would be removing it - now they have changed their mind and decided data is correct! I have provided them with credit reports from 2004 to show original default and with credit report from 2010 to show date changed and the company name (not the amount or anything else)
Anyway, i have got a job that requires me to have a clean credit file. I wont get the job if i dont have...gggrr
Info from credit files in below, am i correct arent i that it should be removed?
2004 credit report read
co name london scottish bank
default balance £275
current balance £275
dafaulted on 10/9/2003
updated period 30/05/2005
today credit report reads
company name Robinson way
default balance £275
current balance £275
defaulted on 5/3/05
updated 15/2/09
Some manager is calling me back today, i want to give myself optimum chance of them removing it rather than waiting for ICO. What can i 'threaten' them with legally?
Also the CRAs wont remove the data, so if robionson way wont is there anything i can do/say to the CRAs instead?
0
Comments
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Well if you can show the data is correct they are in break of data protection as well as the Consumer Credit Agreement 1974/2006. So you could sue them for damages that the default is causing you (higher interest on current loans, failure to get credit) etc.
The ICO is the only way to force an update, it may however be quicker to goto the credit reference agences yourself, send along a copy of both reports and the email where they admit they are wrong. Page 19 - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf
Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
https://www.equifax.co.uk
Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
0870 060 1414
https://www.callcredit.co.uk
Experian Ltd
Customer Support Centre
PO Box 8000
Nottingham
NG80 7WF
0844 481 8000
https://www.experian.co.ukAlthough no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
DarkConvict wrote: »The ICO is the only way to force an update,
If you take the creditor to court, then the judge can also order the creditor to amend the data.
There was someone on CAG who did that with a DCA a few months back. The case was against Lowells if I remember correctly?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Robinson Way and Company Ltd changed its name to RWC 2009 Ltd late last year and went into liquidation.
The phoenix company, Robinson Way Ltd acts like nothing has changed.
Who owns the debts that were on the books when the company went belly up is not clear, as it could be either the liquidator or the phoenix company.
The RW website is a tad misleading.
I would guess that there are a good number of legal issues here which should provide anyone being pursued by these hypocrites with plenty of ammunition.
For instance:
Did anyone get notification of the change of name?
Did anyone receive a notice of assignment?
Does anyone know who actually owns there dept?
Can a disputed dept be transferred whilst it is disputed?
I imagine a good proportion of the debts on RWC 2009 Ltd’s books are not legally collectable.0 -
DarkConvict wrote: »So you could sue them for damages that the default is causing you (higher interest on current loans, failure to get credit) etc.
Thanks, some guy is calling me back in the morning to try and resolve the situation. I have even called the original company that the debt is apparantly from who have no record of me ever having an account with them - thats cause i never have lol.
I am concerned that the company i have a 3rd interview with to as they put it 'answer any final questions and meet the team prior to refs and credit check taking place' will not offer me the role on the back of this incorrect data.
Its good to know that i can tell him i will consider x,y and z if they dont amend the data it makes me look like i know what i am talking about lol
Thanks again all0 -
You can ask the credit reference agency to add a note to your account.
You may wish to tell your employer before the credit check some data is incorrect, you had a statement from the creditor aswell as an on going complaint via the ICO. You have or are going to notify the credit reference agencies however it may still be on your report at the time of the credit check.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Hi all, just a quick update and a big thanks! Just checked my credit report after speaking with robinson way yesterday (hey assured me my data would be changed overnight) and the acccount has now been removed from my file.0
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brians_daughter wrote: »Hi all, just a quick update and a big thanks! Just checked my credit report after speaking with robinson way yesterday (hey assured me my data would be changed overnight) and the acccount has now been removed from my file.
woo! Thats fab! Me next! lol x0 -
That was quick, i was expecting it to take much longer.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
DarkConvict wrote: »That was quick, i was expecting it to take much longer.
So was I! I did fib and say i had been contactd by ICO to see if my complaint still stood, they seemed to spring into action once this, and the mention of persuing them via the courts was mentioned.
In all fairness, even tho robinson way have some very underhand tactics once i got through to someone with some 'power to action' they were very curtious, seemed to actually know what they were on about and seemed to actually want to help... who'd have thought that they actually have at least 1 decent member of staff eh?0
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