Incorrect CCJ 21 January at 11:06PM in Credit file & ratings 5 replies 154 views

David69622

My daughters partner has a CCJ wrongly placed on his credit file (his father has the same name). The courts say that its Experians fault and Experian say that they have correctly applied the information given by the court.
Any suggestions on how he proceeds?

kaMelo

The courts report factual data to credit reference agencies but have no part in allocating that data to a person, that is done by the CRA.
Complain to Experian  that they have made a mistake and incorrectly allocated the data to your daughters partners credit file. It may help if you could supply evidence to back up your complaint.  If they don't resolve the problem to your satisfaction take it to the ICO.
https://ico.org.uk/for-the-public/your-right-to-get-your-data-corrected/

David69622

Thanks. How do we get the full information (ie DOB) as all I’ve seen is name and address which is the same for both parties.

kaMelo

You are not questioning the accuracy of the data supplied by the court to the CRA, you are questioning the CRA's accuracy in allocating the data,  Having two people with the same name at the same address will obviously make things more complicated but it's it's the CRA's job to be accurate. 
Complain they have allocated data incorrectly, if they don't correct it take it to the ICO.

macman

So how do the CRA's differentiate in a case like this where the name and address are the same. It can only be by date of birth?
If the court don't supply the DOB, how can they know which file to apply the CCJ to?
If the court do apply it by DOB, why would the CRA deny liability in this instance and blame the court?

kaMelo

macman said:

So how do the CRA's differentiate in a case like this where the name and address are the same. It can only be by date of birth?
If the court don't supply the DOB, how can they know which file to apply the CCJ to?
If the court do apply it by DOB, why would the CRA deny liability in this instance and blame the court?

It cannot be the fault of the court, they simply supply data and have no say in which credit file the data is assigned to. A CRA has one job, collate data supplied by creditors/courts and apply it accurately to the relevant credit file. Certainly when someone has raised a complaint like this, there are two people with the same name at the same address,  they should be even more diligent in doing so.  Until they are sure they shouldn't allocate the CCJ to anyone, how they work out who is who is on them, that is their job after all.  What they shouldn't do is just lump it on someone and hope for the best.