Data Protection Act- my rights?

joannaspanner

Good Morning All, hope this makes sense and is in the right forum group.

I posted previously regarding a case of mistaken identity where due to myself having a similar name , and same date of birth as a persistent debtor, letters are coming to my house for her chasing debts, unfortunately that was not all of it and despite me advising these companies ( Lowell/Cabot the usual scumbags) I was not this person, defaults/CCJ's were appearing on my credit report, and somehow as well to make it even more complicated, incorrect address links had appeared on my credit report ( ie: from an old address of hers, to an address of mine) so the whole situation had gotten ridiculous..

Anyway, come December 2011 after kicking up a stink with Experian/Equifax/Callcredit I got it all sorted or so I thought by the incorrect links being removed and my credit report was 'cleansed' and all the information on there is now just mine...

Since my credit report has been 'cleansed' I have received more letters for this woman, I got one last week and when I called them ( Robinson Way) they said that on Experian Autotrace my current address is still showing as an address for this other person, so obviously I am really angry if this is still the case as what is the point of my credit report being nice and clean and shiny if behind the scenes Experian haven't updated things and this person is still showing as being me basically!

Anyway, I'm ranting, is there anything I can do with regards to Experian and the misuse of my personal data, this problem has been going on for 5 years more or less now and I'm at the end of my tether, especially as it has all claimed to be sorted,yet letters are still coming to my address. ( I have tried putting as return to sender/ calling/ringing them, I have tried everything!)

Thanks in advance

x

fluffnutter

I remember your original thread about this. Have you tried getting some advice from the ICO? Personally I'd write to Experian again (boring but what else can you do?) and also report them to the ICO.

joannaspanner

fluffnutter wrote: »

I remember your original thread about this. Have you tried getting some advice from the ICO? Personally I'd write to Experian again (boring but what else can you do?) and also report them to the ICO.

Hi Fluffnutter, I have reported them to the ICO, also reported Wescot and Cabot as well.

ICO are as useful as a fart in a spacesuit, keep getting emails saying they are looking into it but it's 2 months on now so will see.

I was thinking more along the lines of taking Experian to Court possibly.. am expecting a call back from Experian on Wednesday regarding the Robinson Way letter situation as apparently Experian '' know how this has happened'' and can sort it, but they've said that a few times.

I'm quite lucky (!) in the fact I kicked up such a stink that I have my own case manager with Experian and have the MD email who has helped me/called/emailed me a few times so I do have senior people I can talk too but its just crazy..

I said to Experian, If my identity had been stolen, I'd have my own case worker, so why not in the case of Mistaken Identity?

Anyway, thanks for responding, I'll wait and see what Experian say this week and go from there!

x

fluffnutter

I thought about court too. But out of interest, what will you take them to court for? As you're not the CPS, it's impossible for you to launch a criminal trial - it will need to be a civil one. Civil trials are usually about loss of money, and you can't argue that Experian owe you money.

I'm not trying to challenge you - I actually think it's a great idea. I'm just curious as to what 'crime' you could try to argue they've committed.

I'm also not surprised to hear that the ICO is proving useless. It's like a lot of these governing bodies - ultimately toothless.

unholyangel

If the ICO are compiling a case against them, it will take time. Its not just going to happen overnight and you will likely find that yours is not the only complaint they have to deal with.

Why not phone them, ask to be given a reference number and some idea of when they will get back to you?

joannaspanner

fluffnutter wrote: »

I thought about court too. But out of interest, what will you take them to court for? As you're not the CPS, it's impossible for you to launch a criminal trial - it will need to be a civil one. Civil trials are usually about loss of money, and you can't argue that Experian owe you money.

I'm not trying to challenge you - I actually think it's a great idea. I'm just curious as to what 'crime' you could try to argue they've committed.

I'm also not surprised to hear that the ICO is proving useless. It's like a lot of these governing bodies - ultimately toothless.

I'm going to look on google tonight, don't know if I can take them to court at all, something to do with the data protection act, or defamation, the fact my credit report has been dragged through the mud with the defaults, CCJ's etc etc that have been put on there, and something to do with all the time this has taken up of mine having to write letters etc etc to these people.

Will have a google tonight and see what I can find! Thanks

joannaspanner

unholyangel wrote: »

If the ICO are compiling a case against them, it will take time. Its not just going to happen overnight and you will likely find that yours is not the only complaint they have to deal with.

Why not phone them, ask to be given a reference number and some idea of when they will get back to you?

I know I'm not the only complaint they have to deal with, its just my opinion they seem to be useless from what other people have said on here, what I've read online, and my own personal opinion.

I'll bring all the documenation into work tomorrow and give them a call and see where we're up too

mo786uk

Bear in midn of course Experians and such like just hold data that other compaies put on there - so their liability maybe limited.

joannaspanner

mo786uk wrote: »

Bear in midn of course Experians and such like just hold data that other compaies put on there - so their liability maybe limited.

Yeh i thought of that, its such a mess!

Equaliser123

fluffnutter wrote: »

I thought about court too. But out of interest, what will you take them to court for? As you're not the CPS, it's impossible for you to launch a criminal trial - it will need to be a civil one. Civil trials are usually about loss of money, and you can't argue that Experian owe you money.

ICO is pretty useless.

You can, however, make a Part 8 application to the Court for a declaration.

Flyboy152

fluffnutter wrote: »

I thought about court too. But out of interest, what will you take them to court for? As you're not the CPS, it's impossible for you to launch a criminal trial - it will need to be a civil one. Civil trials are usually about loss of money, and you can't argue that Experian owe you money.

I'm not trying to challenge you - I actually think it's a great idea. I'm just curious as to what 'crime' you could try to argue they've committed.

I'm also not surprised to hear that the ICO is proving useless. It's like a lot of these governing bodies - ultimately toothless.

I would imagine it would be an injunction to prevent them from misuse of data.