Do credit reference agency have a duty of care?

Essex1

glentoran99 wrote: »

They report what they are told, its that simple, if something is wrong you need to take it up with the creditor

If only it was that easy! When I tried to speak to them I get asked account number then they try to take me though security i.e. first and forth letters from pass words and mothers maiden name which of cause I don't know as they are not my accounts!!!!!! I can't win I feel it's up to the CRA's to sort out as I'm the incident party. If I must spend hours sorting it out them I want paying for my time.

PS. I would love to know which company made the original link with my address as it seems that once it appears on a cra, report it is a fact and everyone jumps on the bandwagon.

MisterBaxter

Get your £2 statutory report from all 3 CRA. Formally challenge the erroneous entries by the website and in writing. If they fail to act get a notice of correction put on your file and then start a formal complaint through the Data Commissioner.

At the same time send a written complaint to each of the companies that have made the erroneous reports, make it clear that you have contacted them by telephone but that as the debts aren't yours you have been unable to resolve as you can't get through the security checks. If they fail to act then take the matter to the regulator. Send copies of these letters to the CRA when you complain.

Do everything in writing so that you have evidence. Keep a record of all you calls and the costs associated with trying to resolve the matter so that you can seek recompense if the matter ends up with one of the regulators.

It does seem that although none of this is your fault you end up doing all the work to try and resolve matters.

GingerBob_3

As noted in the OP's first post, Royal Mail Redelivery is the root of the problem here. Never, ever use this "service". It is fundamentally insecure.


Two things: when signing up to it you need to give detailed personal information of all people, of whatever age, living at the property to which redirect should apply. Would you be happy giving the dates of birth of all your children (and of course, their names, and old and new addresses) to the likes of Royal Mail?


Secondly, there is some sort of link between Royal Mail Redirect and the CRAs. No one from either organisation(s) will explain this link, or how it stacks up legally, but you may assume that Royal Mail furnish the CRAs with redirect data.


DO NOT USE ROYAL MAIL REDIRECT.

CKhalvashi

GingerBob wrote: »

Secondly, there is some sort of link between Royal Mail Redirect and the CRAs. No one from either organisation(s) will explain this link, or how it stacks up legally, but you may assume that Royal Mail furnish the CRAs with redirect data.

RM will helpfully report it to (at least) Experian, to help guard against identity theft at the old address (their words)

Not so helpful in OP's case.

GingerBob_3

CKhalvashi wrote: »

RM will helpfully report it to (at least) Experian, to help guard against identity theft at the old address (their words)

Not so helpful in OP's case.

How kind of them! Yes, I think that is the excuse given. I wonder who pays whom?


Anyway, to repeat - DON'T USE ROYAL MAIL REDIRECT.

Essex1

Ben8282 wrote: »

As you would appear to be in possession of the other persons name and address details have you though to try to contact them? They will probably be shocked when they find out what is happening and may perhaps assist you.

If he has any sense he will let me take the flack, and not do anything that admits ownership of the debts in the hope that they are time expired before they catch up with him.
Although he would have a good case for breach of confidentiality as, in effect his bank and credit card company have passed his details such as account numbers, addresses and balance to me a third party without consent. I can smell compensation, if only he :rotfl:knew............:rotfl:

Essex1

MisterBaxter wrote: »

Get your £2 statutory report from all 3 CRA. Formally challenge the erroneous entries by the website and in writing. If they fail to act get a notice of correction put on your file and then start a formal complaint through the Data Commissioner.

At the same time send a written complaint to each of the companies that have made the erroneous reports, make it clear that you have contacted them by telephone but that as the debts aren't yours you have been unable to resolve as you can't get through the security checks. If they fail to act then take the matter to the regulator. Send copies of these letters to the CRA when you complain.

Do everything in writing so that you have evidence. Keep a record of all you calls and the costs associated with trying to resolve the matter so that you can seek recompense if the matter ends up with one of the regulators.

It does seem that although none of this is your fault you end up doing all the work to try and resolve matters.

I guess you are right, unfortunately I'm fundamentally lazy and feel that once I report it the CRA's they should walk bare foot over hot coals to put it right. Without this !!!! up my credit score would be spot on, i.e. I've had cards before (none currently) all been paid ontime. Same with mortgages and now own outright, but when we went to our own bank to raise a mortgage to buy an investment property to supplement my poor pension provisions they turned us down because of this bullsh¥t :mad: