Is this deformation of character ?

scolopax

Hi
Newbie post so excuse if this is not in the correct place.

We recently moved house and the bank failed to change the address on one of our accounts (despite having a letter instructing them to do so) - the following mess this caused was horrendous. Threatening us and stressing us beyond the limit.

At the time we finally received apologies from local level and head office.
BUT to our horror the other day we have found that they placed a mark against us on our credit rating - 2 years ago. I have asked to have this removed but am getting nowhere.

Can we sue them for deformation of character ??
If not what can we do?
Yours very stressed

nzseries1

You may get a better response if you re-post on the Credit Cards forum: http://forums.moneysavingexpert.com/forumdisplay.php?f=11
You've posted on the Stoozing forum, which is a very specific subset of Credit Card knowledge which has nothing to do with your query.

But make sure if you do sue them, that you use the correct term - it's *defamation* of character.
Unless they have physically punched you in your face, I'd say you're unlikely to successfully sue them for *deformation* of character

System

Recently moved and screwed up change of address?

Mark on credit rating 2 years ago?

Can you explain how 2 events 2 years apart are linked?

What is the mark on your credit rating for?

dancingfairy

O.K so here's what I would suggest:
1) get a copy of all 3 credit reports as you don't know if they've reported it to more than one or all 3.
2) write a complaint letter to the bank - ask in branch for the complaints procedure/phone them or google it - it needs to be a complaint as hopefully they have a specific department trained to deal with complaints and who actually have the power to do something.
3) when you have followed the complaints procedure you can then refer it to the finacial ombudsman for his adjudication - this is not a quick process and I think you have to have followed the banks complaints procedure first.
4) another option is to complain to the information commissioner that they filed incorrect info. on your credit report - although technically it is not incorrect but it was their mistake so they should remove it.- do you have proof of them getting the letter, other letters/emails sent and their apologies as this will strengthen your case?

that's what I would suggest anyway.
df

scolopax

Hi
In answer to !!!!!! first - recently moved (as in 2 years ago) and the mark on our report is for late payment of our overdraft facility ??? Which they cancelled as they thought we had moved away ?? Even though we informed them in a letter that we had moved house and to change all our details.
Dancingfairy - when you say three credit reports - what exactly do you mean, I thought I only had one ??

And yes, I was aware that I spelt defamation wrongly - sorry about that hit 'post' too early.

Is there really no chance of doing anything other than complain ?
After all it is affecting us and we have done nothing wrong
Cheers

dancingfairy

you have 1 credit file with each of the 3 agencies - equifax, experian and call credit - costs 2 pounds to get each one in writing or you can get free trials on the internet but if you fail to cancel the 'free' trial in time you will get money taken out of your bank account.
I'm not sure what you want to achieve but complaing should put your credit file(s) right and also I believe a complaint to the ombudsman may mean that the files are put right and you may be awarded compensation for all this - you should also get charges refunded -what losses have you incurred and all the time and energy/stress to put this right? - also the banks may get a slapped wrist from the ombudsman - what do you want to achieve?
You may possibly be able to sue them but I'm not an expert and wouldn't like to come up agains their legal team and with the additional costs and stress involved so I think the above process should be sufficient for you needs?
df

dancingfairy

Oh and once you've got this sorted I would get a new bank account if possible if they are truly that awful.
df

scolopax

dancingfairy wrote: »

you have 1 credit file with each of the 3 agencies - equifax, experian and call credit - costs 2 pounds to get each one in writing or you can get free trials on the internet but if you fail to cancel the 'free' trial in time you will get money taken out of your bank account.
I'm not sure what you want to achieve but complaing should put your credit file(s) right and also I believe a complaint to the ombudsman may mean that the files are put right and you may be awarded compensation for all this - you should also get charges refunded -what losses have you incurred and all the time and energy/stress to put this right? - also the banks may get a slapped wrist from the ombudsman - what do you want to achieve?
You may possibly be able to sue them but I'm not an expert and wouldn't like to come up agains their legal team and with the additional costs and stress involved so I think the above process should be sufficient for you needs?
df

Hmmm, I suppose I just feel very wronged, I have always tried to be on the right side of the law and have not done anything wrong and yet now have a mark against me. I feel that someone should be accountable for this. We have already raised a complaint (2009) with head office and have letters of apology and assurances that this would not happen. I suppose if I am at fault it is in believing them and not checking my credit rating.
Thank you also for pointing out that I need to check 3 - Great more stress.
Compensation would be a nice bonus and justified. That is why I asked about trying to sue them.
Cheers

jon_boy75

if they've admitted they didnt process your change of address correctly, and are still refusing to correct the data on your credit file, you need to raise a complaint with the Information Commissioners Office (ICO). You would argue that the information they hold on your credit file is 'inaccurate', which is a breach of the Data Protection Act.

scolopax

THANKS
Something positive to do, I will write to the HSBC again and tell them - they no longer hold our business accounts (for obvious reasons) but still hold our Joint account, which is the one they failed to change the address on and which caused all the problems.