Sueing CRAs?

jph101

Does anyone know what the situation is with regards to incorrect information on a credit score and taking the credit reporting agency to the small claims court for deformation?

The background to this is as follows. I had a bill go to an old address and so I never got the bill to pay. Went to court and I had a ccj put against my name. Only found out about it because I was turned down for a mortgage. Luckily I found out about it two days after it had been put on my report. Paid what was owed and the registry trust ltd sent out a notice to the CRAs to remove an reference of it off my report.

I kept an eye on it and when I saw it had been taken off equivalent and experien I was able to apply for more credit. Thing is I kept on being turned down when I was trying to credit or a car. I only just found out that call credit didn't delete it from report and still says its active. This started in November and I have just found the call credit mistake now. 5 months of stress and irritation.

I asked them to remove but they said it would take 28days. I told them they had a week before I started proceeding against them. I didn't hear back.

Can I sue them for deformation of character?

Thanks

InsideInsurance

The joys of the english legal system is that you can sue whoever you want.

Defamation can only be heard in the High Court and not the small claims court and so you have a lot more money at risk as if you lose you have to pay their legal costs.

As you'd be claiming libel you would need to demonstrate you have suffered financial loss as a consequence and all you can claim is that financial loss.

28 days for them to process the information would almost certainly be considered reasonable.

Farmerbob

No. it may be a admin oversight why it has not been updated if they had actually received the original notification. They will have various checks they will need to make to remove it and I doubt they will prioritise your request just because you have given them 7 days.

I think this is one of these learning curves for you, make sure addresses are changed and check all CRA's to make sure the info is correct on all 3. Hope you used https://www.Noddle.co.uk to check your Callcredit report as it's free. I'm sure it'll get sorted

rizla_king

Think someone tried to sue Equifax a few years back, and lost badly.

[Deleted User]

BTW. It's defamation, not deformation.

Unless you are claiming you were bent out of shape?

InsideInsurance

Bedsit_Bob wrote: »

Unless you are claiming you were bent out of shape?

Sounds like they have been

GingerBob_3

CRAs are pretty much a law unto themselves. They are theoretically regulated by the ICO, but generally get away with murder, metaphorically speaking. Their antics, in collaboration with their suppliers (of data), can have devastating effects on people's financial standing. They need much tougher regulation.

chanz4

also can you prove the companys searched callcredit that turned you down

CreditCrunchie

I wish there was a way we could all get together and fight them. The CRA's are just awful. They remind me of those unregulated car clamping firms... but worse! They literally take your entire credit history hostage and use it for financial gain.

matttye

For future reference, check ALL of your credit files BEFORE you apply for credit (words capitalised for emphasis not rudeness ). That way you can sort out any problems beforehand.

Continuing to apply for credit without checking your files is not Callcredit's fault, so, at best, I would think you'd have a flimsy argument in respect of the first rejection but not the latter ones.

They made one mistake (not removing the CCJ), but unfortunately the continued rejections are on you.

a4a

CreditCrunchie wrote: »

I wish there was a way we could all get together and fight them. The CRA's are just awful. They remind me of those unregulated car clamping firms... but worse! They literally take your entire credit history hostage and use it for financial gain.

I wish this too. I'm am hoping to lobby for this soon although in trying to build my case I find a lot of people on here don't want change, they just want to sit and complain rather than do anything.

I have tried to argue one particular point about CRA's but I've found a lot of people have their minds set on believing something they once learn't or heard and now stubbonly refuse to listen to an alternative point of view even though ultimately it may be to their benefit.