Credit file error!!

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  • Arleen
    Arleen Posts: 1,164 Forumite
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    powerful_Rogue wrote: »
    You could certainly look at this as being a breach of the data protection act. Mainly the forth data protection principle that all personal information should be accurate and upto date.

    If you suffer a loss due to this breach, then look at this page by the ICO.
    https://ico.org.uk/for-the-public/compensation/
    You really can't unless they've done it intentionally or by being grossly negligent. And this was almost certainly a mistake of an automated system.

    If you disagree, have a read and let us know which part of it did they breach: http://www.legislation.gov.uk/ukpga/1998/29/contents
  • powerful_Rogue
    powerful_Rogue Posts: 7,520 Forumite
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    Arleen wrote: »
    You really can't unless they've done it intentionally or by being grossly negligent. And this was almost certainly a mistake of an automated system.

    If you disagree, have a read and let us know which part of it did they breach: http://www.legislation.gov.uk/ukpga/1998/29/contents

    I would say adding a CCJ onto someone elses credit file, causing them future issues is grossly negligent. However my opinion nor yours matters in this. It would be upto the ICO to decide or the small claims court.
  • Arleen
    Arleen Posts: 1,164 Forumite
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    powerful_Rogue wrote: »
    I would say adding a CCJ onto someone elses credit file, causing them future issues is grossly negligent. However my opinion nor yours matters in this. It would be upto the ICO to decide or the small claims court.
    You've said that this constituted a breach - well, you now have a link to the act, feel free to read it and let us know which part of if did they breach. Not just guess that they did because you think that they did based on not reading the act.

    You will especially be interested in s. 10 of it.
  • powerful_Rogue
    powerful_Rogue Posts: 7,520 Forumite
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    Arleen wrote: »
    You've said that this constituted a breach - well, you now have a link to the act, feel free to read it and let us know which part of if did they breach. Not just guess that they did because you think that they did based on not reading the act.

    You will especially be interested in s. 10 of it.

    I've already said, the fourth data protection principle is to ensure all information held is accurate and up to date. A CCJ against the wrong person is not accurate information.

    As previously said, a call/complaint to the ICO will make the decision.
  • Arleen
    Arleen Posts: 1,164 Forumite
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    powerful_Rogue wrote: »
    I've already said, the fourth data protection principle is to ensure all information held is accurate and up to date. A CCJ against the wrong person is not accurate information.

    As previously said, a call/complaint to the ICO will make the decision.
    And what does accurate mean? Does that mean if there is a typo they are "grossly negligent" and owe you 1 billion dollars? You really have to read the whole thing, not just part of prelims. It amazes me that we live in a country where the law is available, publicly, in readable form ad-hoc and no one still bothers to read it.

    OP: don't waste ICOs time, this isn't something you will get money for. Your remedy is for CRA's to amend your file when you point out the mistake, and that is all, as this is simply a fluke.
  • powerful_Rogue
    powerful_Rogue Posts: 7,520 Forumite
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    Arleen wrote: »
    And what does accurate mean? Does that mean if there is a typo they are "grossly negligent" and owe you 1 billion dollars? You really have to read the whole thing, not just part of prelims. It amazes me that we live in a country where law is available, publicy, in readable form ad-hoc and no one still bothers to read it.

    OP: don't waste ICOs time, this isn't something you will get money for. Your rememedy is to ammend your file when you point out the mistake, and that is all, as this is simply a fluke.

    I'm well aware of the DPA thanks.

    We're not talking about a 'typo' - we're talking about a CCJ being shown against the wrong person.

    OP - If you suffer financial loss due to this, there is recourse available. The ICO can't award compensation, but a Small Claims Court could.

    Posted elsewhere, but very relevant.
    In a civil court, the court has to decide on a balance of probabilities, that is to say that is it more likely than not that the incorrect CCJ has affected your credit score and denied you the opportunity to obtain the rental. You only need to tip the scales 51% in your favour and it is not like criminal cases where you have to prove beyond reasonable doubt - just enough to show that it did would be sufficient.

    That threshold is not so high because all three credit reference agencies accept and acknowledge that a persons credit score is likely to be affected by a CCJ against those who don't have one. Yes, all lenders have their own scoring criteria but as part of that criteria, having any CCJs is more likely than not going to affect you negatively.
  • Arleen
    Arleen Posts: 1,164 Forumite
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    Now post an actual case where that has happened if of course, you have one. Btw gross negligence is a very specific legal term which doesn't apply here at all, but you've gladly labelled it as such.
  • monsterlane
    monsterlane Posts: 42 Forumite
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    Thank you all for your input really helpfull. I will ring them tomorrow and hopefully they will acknowledge it's wrong, I'm not after them for money but I will be if my check comes back as failed, that would be nearly £300 for there mistake, and if it does fail we would have to do another check and pay £270, i know it's an error but for it to be on my file in someone else's name and on my file since June 2016 is completely unacceptable! We have a lot to lose over this not just the money but the house which has taken a lot of time to find that's right for us and also we've handed in our notice to landlord it's a pretty big deal for me! Thank you all!
  • powerful_Rogue
    powerful_Rogue Posts: 7,520 Forumite
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    Arleen wrote: »
    Now post an actual case where that has happened if of course, you have one. Btw gross negligence is a very specific legal term which doesn't apply here at all, but you've gladly labelled it as such.

    Search online, there are plenty of different scenerios.

    As for you saying the information is added automatically - this is from the experian site:
    We always check information before it is added to credit reports and we take our data accuracy responsibilities very seriously indeed. We work very closely with lenders to identify and minimise errors from occurring. For example, we carry out hundreds of extensive checks on all information before any detail is added to someone’s credit report. This data is then regularly reviewed and updated to keep it accurate and up to date.

    A CCJ in a different name is quite a big mistake to miss!
  • Arleen
    Arleen Posts: 1,164 Forumite
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    monsterlane wrote: »
    Thank you all for your input really helpfull. I will ring them tomorrow and hopefully they will acknowledge it's wrong, I'm not after them for money but I will be if my check comes back as failed, that would be nearly £300 for there mistake, and if it does fail we would have to do another check and pay £270, i know it's an error but for it to be on my file in someone else's name and on my file since June 2016 is completely unacceptable! We have a lot to lose over this not just the money but the house which has taken a lot of time to find that's right for us and also we've handed in our notice to landlord it's a pretty big deal for me! Thank you all!
    The part of it being on your file for that long is sadly on you, not the CRA unless you can show that they processed the data without due care. That doesn't mean "without ever making a mistake" but focuses on the process in which the data is handled, and I can assure you that process in which your file was handled is the same as all other files, and this was simply a fluke. And if they didn't do anything negligently, they cannot really be held responsible.
    Now if you reported the mistake before but they did nothing to fix it, you would likely have a case, but that's not what we are looking at here.

    So your best move is to be pro active as you're already planning to do, let the agents know and point out the obvious mistake and that should be it. Most of those reference checks are not automated fail/pass systems, but a decision based on what's inside.
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