MBNA Logging incorrect info on credit file - Help please

LAE

Im after some advice please regarding an ongoing matter that I have.. Its a bit of a saga so I will try and be brief.

In March I applied for a remortgage, it was declined as I failed credit check - this has never happened before.

I got a copy of my credit file and identified 2 late payment fee's had been logged by MBNA (for a credit card held with Virgin Money). These were incorrect.

MBNA updated my credit file to remove the incorrect entries on my credit file, sent me a letter of apology accepting liability and confirming that the matter had been rectified. It took them 6 weeks to do this.

Because of the length of time taken to resolve the matter the mortgage rates changed - I went back to the same lender and got approved for a mortgage straight away but the rate was higher as the rates had gone up.

I am therefore approx £1000 worse off because of the difference between the two illustrations that I had. I have now asked for them to compensate me for the financial loss that I will incur because of their error.

I have been on with this for a few months now. How I see it is that I am a customer of Virgin Money and therefore that is who I should deal with, but I am getting constantly fobbed off and referred to MBNA.

I have complained to the Ombudsman about this and I have been asked by MBNA to provide evidence of the content of the decline reason with the Mortgage lender - their risk department say that this is not available, So my question is would any lender make this information available, is it a reasonable request ? I have provided copies of the 2 illustrations that I have from the same lender.

Sorry this is a bit long, but I would really appreciate any advice on how to progress this further.

Buzby

I don't believe so - what if the rate went in your favour? It rally is the lucknof the draw. I would say that a lender that refuses business for only a late payment or two (not a default) is most unusual. A CRA is never liable for the info it provides in good faith, and as long as errors are corrected, it's liability ends.

To move this on, you would need to raise an action, and the chances of proving negligence would be difficult.

gingeralan

I honestly feel for you, I wish I had never bothered with a Virgin Money Card, I think I'll just pay it off next month and be done with it even though it has another 11 months interest free, utter incompetence. I am sure you should be entitled to something, but cannot be certain, It seems that it was purely the incorrect extry that affected your application last time, but I suppose they will try allsorts to wriggle out of it. I hope you get summat out the B******S

erimus1

Buzby wrote: »

I don't believe so - what if the rate went in your favour? It rally is the lucknof the draw. I would say that a lender that refuses business for only a late payment or two (not a default) is most unusual. A CRA is never liable for the info it provides in good faith, and as long as errors are corrected, it's liability ends.

To move this on, you would need to raise an action, and the chances of proving negligence would be difficult.

The CRA's are liable if they are negligent, just like any party tat has a duty of care. CRA's have a specific duty to ensure that the information is accurate and correct. ICO guidelines highlight the fact that they are not exempt from claims against them.

erimus1

LAE wrote: »

Im after some advice please regarding an ongoing matter that I have.. Its a bit of a saga so I will try and be brief.

In March I applied for a remortgage, it was declined as I failed credit check - this has never happened before.

I got a copy of my credit file and identified 2 late payment fee's had been logged by MBNA (for a credit card held with Virgin Money). These were incorrect.

MBNA updated my credit file to remove the incorrect entries on my credit file, sent me a letter of apology accepting liability and confirming that the matter had been rectified. It took them 6 weeks to do this.

Because of the length of time taken to resolve the matter the mortgage rates changed - I went back to the same lender and got approved for a mortgage straight away but the rate was higher as the rates had gone up.

I am therefore approx £1000 worse off because of the difference between the two illustrations that I had. I have now asked for them to compensate me for the financial loss that I will incur because of their error.

I have been on with this for a few months now. How I see it is that I am a customer of Virgin Money and therefore that is who I should deal with, but I am getting constantly fobbed off and referred to MBNA.

I have complained to the Ombudsman about this and I have been asked by MBNA to provide evidence of the content of the decline reason with the Mortgage lender - their risk department say that this is not available, So my question is would any lender make this information available, is it a reasonable request ? I have provided copies of the 2 illustrations that I have from the same lender.

Sorry this is a bit long, but I would really appreciate any advice on how to progress this further.

Although your contract is with Virgin, it is MBNA, as the underwriters and data controllers that have caused you damages, and therefore thm who you have a potential claim against. I say potential as you are not certain that the late payments were the reason for your initial refusal.

I would send a 'Without Prejudice' letter to MBNA offering to accept the £1,000 in full and final settlement of your claim for their breach of duty. Give them 14 days to settle, stating that after this time you will make a County Court Claim against them.

This should not be an empty threat, and if they fail to make payment then you should instigate proceedings. You have written your letter to MBNA without prejudicing your rights, and therefore you can push up the claim to whatever you feel happy with asking - this amount should be for things such as ancillary losses, undue hardship, and trauma and mental anguish and so on.

The good thing about your claim is that MBNA, in your case, have already admitted liability, so the burden is only on you to prove to the court that the the resulting damage was caused by their admitted breach of duty. Whereas MBNA are asking for the specific reasons from you for the refusal, the burden in a county court is on a balance of probabilities so, if you can just show the court that the removal of the incorrect payment markers was the only difference, it would be up to the presiding judge to decide if this was the reason (hard to believe anyone not though)

Good luck with a very easy case.

LAE

Erimus - Thank you so much for that advice, sorry for my late reply I have been on holiday.