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I am new to this forum and I have received my credit file, I am very concern that MBNA has recorded a GAIN information on my credit file. Can someone please advised me how to get this information removed.
Your first step is to write to MBNA and inform them that the information is incorrect and how it is incorrect. They should then correct the information on your credit file. If they don't let us know and we can explore some possibilities.
Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.
I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the DPA they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
Thanks for the advice I have now written to MBNA and given them 21 days to justify, in the meantime, I am considering legal action to claim damages and distress for inaccurate informatio. Has anyone got a sample letter for claiming compensation please.
I think I can and I have just been talking to Rebecca at Experian who took responsiblity for causing me distress and alarm by holding inaccurate data, you the board is my witness so I am now going to serve Experian a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that they conform to my demand for a change in the manner in which they hold and process subject data about me.
Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.
I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the Data Protection Act they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.
Dave, are you referring here to the Sat S10/12 Notice and if so, would this need to be modified to suit the circumstance?
Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.
As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
Gone Away Information Network - basically a register of bad debtors who have "done a runner".
Which is why the OP doesn't want to be on it.
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.
As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.
Would it be appropriate if one had written asking for information on a GAIN entry to find out why it appeared on your file in the first place rather than going straight in and demanding its removal by a stat Notice?
Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.
As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.
Hmmm, was just thinking about this: if Tom Brennan can't win damages what hope have the rest of us?
The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.
The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.
Er, yes Rory I realise that it's nothing to do with penalty charges (doh! ) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of interest say on a mortgage (as I myself have!). :o
Please point me in the direction of a post/thread that would illustrate where an individual has managed to claim damages as a result of the above. If this has happened I will happily pursue such a claim myself ...
Remove GAIN Information from credit File
has recorded a GAIN information on my credit file. Can someone please advised me how to get this information removed.
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Re: Remove GAIN Information from credit File
Originally Posted by djdave
) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of