Negative reference on credit file
SamsHusband
Posts: 2 Newbie
In 2016 the Communications Ombudsman ruled against a telecommunications provider who were refusing to close an account I had provided notice for. In August 2016 the communications provider told the Ombudsman they had removed any negative impact from my credit record and closed the account at 0 balance.
In brief, they didn't. I don't check my credit report regularly, but in 2018 realised the provider were still on my credit report as an ACTIVE creditor and had registered a balance on multiple months.
The Ombudsman have said that, as this is after their ruling I need to wait a new 8 weeks for the provider to respond before going back to the Ombudsman.
The provider have responded and I have evidence of them saying they have now corrected as of 14th May this year to back-date to 2016.
My concern is that over this 2 year period, even though it's now removed, it has been having a negative impact on my file. Any credit request I made, rental agreement I applied for, car finance, car insurance etc will all have been affected by this provider saying I had an active account with them and showing a balance on some months.
Do I go back to the Ombudsman and ask them to decide if compensation is available, do I need to look into making a claim though the Courts, or am I just going to be banging my head against a brick wall for no benefit through pursuing this?
Any advice is greatly welcomed.
In brief, they didn't. I don't check my credit report regularly, but in 2018 realised the provider were still on my credit report as an ACTIVE creditor and had registered a balance on multiple months.
The Ombudsman have said that, as this is after their ruling I need to wait a new 8 weeks for the provider to respond before going back to the Ombudsman.
The provider have responded and I have evidence of them saying they have now corrected as of 14th May this year to back-date to 2016.
My concern is that over this 2 year period, even though it's now removed, it has been having a negative impact on my file. Any credit request I made, rental agreement I applied for, car finance, car insurance etc will all have been affected by this provider saying I had an active account with them and showing a balance on some months.
Do I go back to the Ombudsman and ask them to decide if compensation is available, do I need to look into making a claim though the Courts, or am I just going to be banging my head against a brick wall for no benefit through pursuing this?
Any advice is greatly welcomed.
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Comments
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SamsHusband wrote: »In 2016 the Communications Ombudsman ruled against a telecommunications provider who were refusing to close an account I had provided notice for. In August 2016 the communications provider told the Ombudsman they had removed any negative impact from my credit record and closed the account at 0 balance.
In brief, they didn't. I don't check my credit report regularly, but in 2018 realised the provider were still on my credit report as an ACTIVE creditor and had registered a balance on multiple months.
The Ombudsman have said that, as this is after their ruling I need to wait a new 8 weeks for the provider to respond before going back to the Ombudsman.
The provider have responded and I have evidence of them saying they have now corrected as of 14th May this year to back-date to 2016.
My concern is that over this 2 year period, even though it's now removed, it has been having a negative impact on my file. Any credit request I made, rental agreement I applied for, car finance, car insurance etc will all have been affected by this provider saying I had an active account with them and showing a balance on some months.
Do I go back to the Ombudsman and ask them to decide if compensation is available, do I need to look into making a claim though the Courts, or am I just going to be banging my head against a brick wall for no benefit through pursuing this?
Any advice is greatly welcomed.
So what effect did this information have on all these credit applications you made?0 -
So what effect did this information have on all these credit applications you made?
This is the key point really. To go for compensation through the courts you need to demonstrate that you've lost money because of this account showing on your file. An active telecoms account isn't a big deal and it's difficult to see how it could have, for example, led to you been rejected by mainstream lenders for loans, mortgages etc.
I'd still kick up a fuss and complain about the time and effort it's taken for you to fix the situation. You'll probably get a small 'sorry' payment. I'd be happy with £50.0 -
So what effect did this information have on all these credit applications you made?
Irrelevant, as there was no request of compensation mentioned in the post. Unfortunately for OP, he/she was happy with the rates offered at the time and therefore this isn’t their problem. Many providers will often ignore small defaults.
That being said, OP has a right to have this corrected, however unfortunately it may require going through the complaints procedure again. I believe if anything, around £250 is considered reasonable by the FOS for such a data breach, but have no idea how this will go with a telecoms ombudsman. I’m not saying OP should push for this, would wouldnt blame them if they did.💙💛 💔0 -
CKhalvashi wrote: »Irrelevant, as there was no request of compensation mentioned in the post.
....
I'm not sure that's right!:)SamsHusband wrote: »Do I go back to the Ombudsman and ask them to decide if compensation is available, do I need to look into making a claim though the Courts, or am I just going to be banging my head against a brick wall for no benefit through pursuing this?
Any advice is greatly welcomed.0 -
CKhalvashi wrote: »there was no request of compensation mentioned in the post.
You clearly didn't/couldn't read all of it then.0 -
You need to show that you actively lost money/paid interest/stress/hardhip/financial difficulty in order to get compensation. Even then you'll only be looking at a small sum so it's hardly worthwhile0
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In response to reply 1 from bigisi:
I am currently using a second sim-card on my wife's mobile account as I do not have my own anymore.
It is near-impossible, in my understanding, to PROVE a negative impact because each company will look at different factors and place different values to those factors. A telecommunications provider may have refused me a contract because it showed an active account with balance through a different provider. Similarly, credit agencies may have offered higher interest rates as a result of perceived further debt or rental-credit-reference agencies may have specified my requirement for a guarantor specifically because this one creditor pushed a computer-program the 0.1% over their threshold.
To prove negative impact I would have to apply to every company who has performed a credit-check within this period and ask each one for both: a reason of their decision in explicit detail and an analysis of any computer-program they perform (which may well be protected from disclosure),
I am not thinking of £000s in compensation, I am just seeking general guidance from people who may have had similar experiences or have knowledge of relevant statute or precedents.
I am aware that at the original decision the Ombudsman suggested compensation of approximately £150 for the 3 months (approximate) difficulty I had been through at the time. I highly doubt they would expand this proportionally up to the 2 years and make it £1200. As CKhalvashi suggested an offer of £250 would be acceptable but the provider has not even apologised for this 2 year delay. All they have done is provide a note on their internal notes to say it's been corrected. I was even forced to go into a store with ID to receive this resolution as the customer relations team refused to discuss it over the phone.0
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