Incorrect default recorded on my credit file!!

MrsPhillips_2

dramaqueen1973 wrote: »

HiyaI still have nightmares about Welcome Finance!!!!!!

Me too, bunch of monkeys!:mad:

inmypocketnottheirs

nothingwitty wrote: »

My actual loss is that I was turned down for a mortgage, most likely as a result of their recording an incorrect default against my name - I have no other blemishes on my record as have been working really hard over past 5 years to get it all in order. I may not get a mortgage for another year, and it will undoubtedly cost me many thousands more than it would otherwise have done...

So then, if you can put an actual figure for your loss and illustrate how you have arrived at it, then I guess you have a case.

So are you going to sue then?

nothingwitty

I have sent a letter to the Financial Ombudsman Service outlining my compaint. Depending on what comes of that, I may sue. I will sue with no hesitation should the (FOS) outcome prove unfavourable. I may take them to the Small Claims court, claiming a few hundred pounds - if they choose to defend, knowing they will lose (as they could not possibly win) they could incur significant costs...

inmypocketnottheirs

nothingwitty wrote: »

I have sent a letter to the Financial Ombudsman Service outlining my compaint. Depending on what comes of that, I may sue. I will sue with no hesitation should the (FOS) outcome prove unfavourable. I may take them to the Small Claims court, claiming a few hundred pounds - if they choose to defend, knowing they will lose (as they could not possibly win) they could incur significant costs...

Hmmm, who is your legal advisor?

nothingwitty

I've spoken to the FSA and CAB - my friends, who is a solicitor, has offered to represent me. I have a letter from Welcome in which they deny any liability and instead say it is the fault of Experian. My friend has advised that as the recorder of information, Welcome have a duty to record details accurately and to correct them if they are wrong. Their initial denial of liability, accoding to him, is a demonstration of a breach of their obligations under the DPA 1998. I haven't discussed the Small Claims Court avenue with him yet - that was my idea.

Why do you ask? Bad idea?

Newstart_4

you have been advised that you would need to show financial loss, and you cant,

you may have failed to gain but you didnt suffer a loss.;)

suing welcome cos they put the black mark on and it stopped you getting a loan, would be no different than trying to sue the loan company cos they said no,

nothingwitty

I DID suffer a loss as the only loan I could get as a result of the default was from Welcome Finance, paying almost 50% interest!!!

With respect, it is completely different from trying to sue a loan company because they said no - if a company turns me down it is because I have failed to meet the criteria they use in allocating loans, that is their decision and I respect it. If, however, a company is providing incorrect information about me to said loan company and thus affecting my chances of getting that loan, I have issues with it!

While I appreciate that many of you are being honest and trying to help, I was hoping for a little more support (although I am not questioning your support to date). A large company has recorded incorrect information about me on my credit file. They made no attempts to contact me to verify the information. They have breached the DPA. The denied all responsibility. My credit record has been destroyed. Should they just be allowed get away with it? SHould I not pursue it in some way? The impact on my life as a result of this default has been huge. Last July I had a credit score of 'very good'. Today, largely as a result of this default, I am in the bottom 10% of the country, even though I have kept all my payments up to date on other commitments. Should I just let them get away with it?

Perhaps I should just accept it as an unfortunate incident but they TOLD me it happens all the time, so some other unfortunate is going to have to same done to them. Should I just let that happen? I thought we were here to try to stop the big companies getting away with it, from bank charges to screwing up our credit ratings...?

inmypocketnottheirs

nothingwitty wrote: »

I DID suffer a loss as the only loan I could get as a result of the default was from Welcome Finance, paying almost 50% interest!!!

With respect, it is completely different from trying to sue a loan company because they said no - if a company turns me down it is because I have failed to meet the criteria they use in allocating loans, that is their decision and I respect it. If, however, a company is providing incorrect information about me to said loan company and thus affecting my chances of getting that loan, I have issues with it!

While I appreciate that many of you are being honest and trying to help, I was hoping for a little more support (although I am not questioning your support to date). A large company has recorded incorrect information about me on my credit file. They made no attempts to contact me to verify the information. They have breached the DPA. The denied all responsibility. My credit record has been destroyed. Should they just be allowed get away with it? SHould I not pursue it in some way? The impact on my life as a result of this default has been huge. Last July I had a credit score of 'very good'. Today, largely as a result of this default, I am in the bottom 10% of the country, even though I have kept all my payments up to date on other commitments. Should I just let them get away with it?

Perhaps I should just accept it as an unfortunate incident but they TOLD me it happens all the time, so some other unfortunate is going to have to same done to them. Should I just let that happen? I thought we were here to try to stop the big companies getting away with it, from bank charges to screwing up our credit ratings...?

TBH largely you are right. The fact that Equifax/Experian et al are basically 'gossip mongerers' who do nothing more than report on tittle tattle, having no liability to the accuracy of the information they are peddling is something that I have felt very strongly about for a long time.

I support you wholeheartedly in your quest to get the CRA and Welcome to come clean about their antics and inability to record your affairs accurately and responsibly.

My earlier responses were to the points raised in your original post, that you would have to illustrate a quantifiable loss, and to jsutify how you have arrived at that figure. You would have to do just that in order to start a claim in the small claims court, as part of the procedure you will have to put on the initial form how much you are claiming for.

Not an easy claim to make, or justify for that matter.

Newstart_4

nothingwitty wrote: »

I DID suffer a loss as the only loan I could get as a result of the default was from Welcome Finance, paying almost 50% interest!!!

With respect, it is completely different from trying to sue a loan company because they said no - if a company turns me down it is because I have failed to meet the criteria they use in allocating loans, that is their decision and I respect it. If, however, a company is providing incorrect information about me to said loan company and thus affecting my chances of getting that loan, I have issues with it!

While I appreciate that many of you are being honest and trying to help, I was hoping for a little more support (although I am not questioning your support to date). A large company has recorded incorrect information about me on my credit file. They made no attempts to contact me to verify the information. They have breached the DPA. The denied all responsibility. My credit record has been destroyed. Should they just be allowed get away with it? SHould I not pursue it in some way? The impact on my life as a result of this default has been huge. Last July I had a credit score of 'very good'. Today, largely as a result of this default, I am in the bottom 10% of the country, even though I have kept all my payments up to date on other commitments. Should I just let them get away with it?

Perhaps I should just accept it as an unfortunate incident but they TOLD me it happens all the time, so some other unfortunate is going to have to same done to them. Should I just let that happen? I thought we were here to try to stop the big companies getting away with it, from bank charges to screwing up our credit ratings...?

what they have done is not right, and it shouldnt go unpunished, but i do feel what i said is right, failing to gain financialy is not the same as suffering a loss.
the criteria your using as your basis of loss, ie "i was refused a loan" could equaly be applied to the loan company who said no, wich is why i would doubt you could claim "financial loss".

im not trying to say your wrong to want to persue this, and personaly im sure i would feel the same, but in the cold hard light of day, i realy dont think court action would be anything other than a waste of time.

defamation/slander/libel might be worth a look tho, if you realy dont want to let it lie.

inmypocketnottheirs

Newstart wrote: »

defamation/slander/libel might be worth a look tho, if you realy dont want to let it lie.

I thought the same, but very expensive to pursue.

I would probably go down the route of involving the Money section of The Daily Mail r Tony Hetherington from The Telegraph.