suing a credit agency for defamation?

digp

---lee--- wrote:

That's my point. They are only publishing the information provided to them. If you have any issues with the data, you have to take it up with the company that provided it. Otherwise, everyone with a poor credit history would want there entries removed.

As a matter of law, I think you may be wrong.

---lee---

digp wrote:

As a matter of law, I think you may be wrong.

In my opinion OP has given up with Orange and would prefer to take on the credit reference agencies. I don’t see the point of that as they are simply using the information supplied by Orange – so why not resolve the issue with Orange?

I’m not disputing if they can be sued, you can sue anyone you want if you have a pile of cash, but the only people who get rich from this are the solicitors. What’s the point when following the formal complaints procedure followed by using the ombudsman if necessary will probably resolve the issue.

I am also going down the path of having incorrect entries corrected in my credit file. I know how frustrating it is as I’ve had to telephone, write letters and send faxes but it’s just a case of getting your point across to the right people. It should not be like that, but it is.

So far, I’ve had 2 out of 3 errors corrected. Personally, I think a better system should be in place for registering this information. If the credit reference agencies had to contact you to let you know something ‘bad’ was being registered, you could resolve the issues there and then without all this messing about instead of months and years down the line when you check your credit file which is what I’m doing.

digp

---lee--- wrote:

In my opinion OP has given up with Orange and would prefer to take on the credit reference agencies. I don’t see the point of that as they are simply using the information supplied by Orange – so why not resolve the issue with Orange?

I’m not disputing if they can be sued, you can sue anyone you want if you have a pile of cash, but the only people who get rich from this are the solicitors. What’s the point when following the formal complaints procedure followed by using the ombudsman if necessary will probably resolve the issue.

I am also going down the path of having incorrect entries corrected in my credit file. I know how frustrating it is as I’ve had to telephone, write letters and send faxes but it’s just a case of getting your point across to the right people. It should not be like that, but it is.

So far, I’ve had 2 out of 3 errors corrected. Personally, I think a better system should be in place for registering this information. If the credit reference agencies had to contact you to let you know something ‘bad’ was being registered, you could resolve the issues there and then without all this messing about instead of months and years down the line when you check your credit file which is what I’m doing.

i agree with the points you are making, but, imo, credit agencies should be jointly and severally liable!

aeron26

I find it remarkable that people here seem to be puzzled by the idea that credit reference agencies can and do fall foul of the law.

They are bound by the Data Protection Act in terms of accuracy of data held and processed. (They may also be bound by other laws.)

They are not charities, they do not exist to dispense the milk of human kindness, they are business that sell and profit from private data.

Just like you and I are held to account for our actions, so must they be, unless someone can name a good reason that entitles them to exemption from the rule of law.

Dave_the_Ginger_Cat

I think you should look to the cause of the mistake in determining who to pursue. That way you stand more chance of correction if the complaint falls in your favour.

If the CRA are reporting correctly what Orange tell them, then deal with Orange
If the CRA have made a mistake then pursue them

I think if you go forward with legal actions which as the other posters say is costly and time consuming, you would also have to prove actual loss. Unless you can prove the amount of this, I think you'll struggle.

happinessfactory

thanks guys.

the reason i posted here was because i couldn't get any response from orange - not even a bill that explains why i owe them this cash.

as i've stated, i've already written to orange on numerous occasions and also written to the CEO twice (and emailed him and faxed him, and still haven't got anywhere).

telling me to sort it with orange isn't going to work - they're completely uninterested.

meanwhile, there are three credit agencies and god knows how many bailiffs involved who think i'm incapable of paying my bills.

which is not true.

and they're sharing this information with my biggest creditor (the bank arranging my remortgage) even though this information is, plainly, a lie.

yet i'm not being given the opportunity to put them right by posting a notice of dispute or a notice of correction because every time i do, the credit agencies claim they've had an adequate response from orange and take it off my record.

but how can the response from orange be "adequate" if, in 13 months, they haven't managed to produce so much as an itemised bill?

which leaves me stuck. i've now written to ofcom as well as the office of the information commissioner.

are the credit agencies subject to an ombudsman? i think i ought to write to him / her as well.

and if that doesn't work, i might take a baseball bat to mr ahuja's car.
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only joking. i think.

Poppy9

The problem is there is no reason for the credit reference agency to act on your information as they see that the people who keep their business going are the paying companies who use their services. Orange provide information which they then sell on to others (and even back to Orange). Mmh conflict of interest here. Have you contacted your trading standards dept. could they help.

You could also log onto the parliament site and get your MP & Mr Blair email addresses and give them some hassle.

homersimpson_3

why about watchdog or some other consumer tv programme. which (magazine) often take up complaints- they had a 1 month free trial. my house & contents insurance covers legal matters. used it once and the service was very good- better than i expected. are you member of union or professional body- if so use these services aswell as cab. get as much advice as possible. defamation is very expensive and difficult to prove.

garethl_2

Are you absolutely sure this £16.00 debt problem with Orange is what is preventing your re-mortgage from being accepted? Have you explained to the re-mortgager that this is the cause of the problem on your credit file?

I know when I was looking for a mortgage my financial advisor asked me of any issues there might be on my credit file, and surprise surprise the only problem with my credit file at the time was with Orange (I refused to pay invoices they had incorrectly billed me for .. approx twice the amount they ought to have been), and so they went down as late payments. The advisor took note of this so they could explain away the problem with any potential lenders. It didn't stop me getting a mortgage, though they weren't defaults. I think some talking with the lender might be helpful.

Sorry you're having these issues. The whole system seems to be in favour of the creditor, and when the debtor has issue with information contained on THEIR credit file it's an uphill battle all the way. It is extremely unfair and frustrating.

file_wizzard

Right, where to start !

Whilst the credit reference agency will have a duty under the DPA to verify the data they publish you will find it virtually impossible to successfully litigate for defamation as you would need to prove that they have knowingly and wilfully published data that the have reasonable cause to suspect is either false or misleading.

Their get out for this is that when you raised the original notice of dispute they contacted the data controller( orange in this case) and asked them to verify the data submitted, orange have subsequently done this so the CRA have fulfiled their legal duties to validate the accuracy of the data .

I terms of the OP’s orginal question if you have now exhausted Oranges internal procedure then you next step is to lodge a request for assessment with the Information Commissioners Office and provided proof of payment / settlement. They will then rule on the case and if appropriate force the data controller to amend or remove the entry.

This is the only way the entry will be removed if the data controller is unwilling remove at present