Call Credit wrong default date

BillyWilly_2

Hi

I have managed to get my credit reports sorted with Equifax and Experian after completing my IVA March 2011 however Call Credit have a default on my report with the wrong date.

I have emailed them however have not had a response and just wandered if there is anything I can do.

Any help would be appreciated.

Thanks.

Anondebtadvisor

Under the Consumer Credit Act 1974 you are entitled to have incorrect information corrected. If the file contains mistakes, the agency must correct them and tell you what it has done within 28 days. If it refuses, or you are not satisfied with the amendment, you can send it a note of correction of up to 200 words, which it must add to your file and send out whenever information about you is supplied in the future.

BillyWilly_2

Thanks for the info, I sent my email 14 days ago so still have potentially 14 days to wait.

It just seems a pain that the Experian and Equifax can sort these things out no problem but Call Credit force you to wait.

Very unhelpful.

Anondebtadvisor

Some CRS's are better at updating than others as you have found, they will sort it you just need to give them a bit of a nudge

Experian_company_representative

Actually, it's the law under the Data Protection Act for personal data to be accurate and up to date. The CCA simply sets out the process for corresponding with the CRAs.

James Jones

didaiva

The CRA should contact the creditor and dispute the entry based on the following guidance taken from the ICO Guidance on Defaults Point 41.

"Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."

So if a lender drags it's feet longer than 28 days the agencies have a right to delete the data, but they wont tell you that. They just keep saying that it's down to the creditor to delete it.

Under the data protection act the data not only has to be acurate and kept up to date (Principle 4) but should not remain for longer than necessary (Principle 5). i.e. 6 years from the original default date.