Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder East Wind Novitiate

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    Default How to wipe a credit report

    I have already taken Natwesticon to court and won, have won the battle against 2 debt companies and am now looking to completely clear my credit report and start from scratch.

    I cannot currently even apply for a mobile phone contract despite the fact I have been very responsible with my money for the past 3 years now.

    Has anyone here actually taken Experian or another credit company to court over slander or under the Data Protection Act. And how the hell did this company start in the first place and why do so many people go by their records when so many of them are blatantly incorrect?

    I am going to start clearing the report as soon as I receive my latest credit report and was wondering if anyone has any generic letters to do this?



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  2. #2
    Basic Account Holder MikeSplicer Novitiate MikeSplicer's Avatar

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    Default Re: How to wipe a credit report

    Hi East Wind

    you can start by reading the following link

    Remove Default Notices on a Credit File - We show you how

    But I think you will find that the CRA's will not change the information it can only be changed by the company whom supplies it.


  3. #3
    Basic Account Holder East Wind Novitiate

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    Default Re: How to wipe a credit report

    Wow! That's a fantastic site. Thank you very much for that Mike. VERY much appreciated! Have been looking all over for a simple version of this!


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    Default Re: How to wipe a credit report

    If there is incorrect information on a credit report the agencies are under an obligation to amend it - there's a principle which says all information held must be accurate. The same goes for the reporting company - the information they supply must be accurate.

    Tell them to correct it as soon as possible otherwise you will start action for libel (its written words not spoken which is slander). Libel actions are expensive so your best bet would be to make a strongly worded complaint to the Information Commissioner.

    But before you set the ball rolling get copies of your credit reports as they stand so you have details of what they are saying about you now.


  5. #5
    Basic Account Holder East Wind Novitiate

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    Default Re: How to wipe a credit report

    Thanks for the help Nailpost. Have typed up all the letters and ready to send. 2 questions though:

    1. Can I send a cheque as opposed to a postal order?
    2. I took Natwesticon to court earlier this year and won back all charges, shall I put this in the letter to them to take off the default? Any idea on wording other than " you know you're wrong you b******s because you paid up in the end so take off the damn default before I come down there and...."!


  6. #6
    Basic Account Holder shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408's Avatar

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    Default Re: How to wipe a credit report

    Hi Eastwind,

    I think you'll find it very diffucult to get Natwesticon to remove the default, pretty confident you'll need to start a claim against them to get it done, a friend of mine was in the same situation albeit with RBSicon.

    If there were charges on the account then the default notice can be voided by precedent set in the Woodchester Lease Management Services Ltd v Swain and Co case, basically it stipulates if the 'sum due' that is stated on the default is incorrect which in this case it will be as it incorporates unlawful penalty charges then the default notice is invalid and subsequently voided. I would suggest you put pressure on the CRA's to remove the default on the grounds that they have a responsibility to ensure all info they hold is accurate and to take steps to ensure that is the case.

    regards,
    shane


  7. #7
    Basic Account Holder East Wind Novitiate

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    Default Re: How to wipe a credit report

    Thanks for that Shane. I might write that to Natwesticon AND Experian and see what happens. Didn't think to have it taken off at the time of the court case but will try it now! Here's hoping!


  8. #8
    Basic Account Holder ianandemma Novitiate

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    Default Re: How to wipe a credit report

    Just a quick question on this one...

    If i write to the cra and say that the information they hold is incorrect then what is stopping them from simply correcting it! - Then the default stays on the file

    Thanks Ian


  9. #9
    Basic Account Holder Oh Boy! Novitiate

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    Default Re: How to wipe a credit report


  10. #10
    Basic Account Holder ianandemma Novitiate

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    Default Re: How to wipe a credit report

    subbingicon
    - Whats that mean?


  11. #11
    Basic Account Holder shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408's Avatar

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    Default Re: How to wipe a credit report

    hi ian,

    it depends what the nature of the inaccuracy was, if for example the default was incorrectly served, or it was served where no agreement was in place or as I stated above with regard to the 'sum due' being incorrect because of penalty charges then the only correction the CRA's can make is to remove it.

    Can you explain a little more about your situation

    kind regards,
    shane


  12. #12
    Basic Account Holder shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408 Highly informative shane5408's Avatar

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    Default Re: How to wipe a credit report

    oh and subbingicon simply means the poster is subscribbing to the thread!


  13. #13
    Basic Account Holder ianandemma Novitiate

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    Default Re: How to wipe a credit report

    well its a couple of situations.

    British Gas - http://www.consumeractiongroup.co.uk...d-me-then.html

    &

    Open University - http://www.consumeractiongroup.co.uk...7-default.html

    I am writing to open university with the following letter

    RE – Open University Student Business Account – xxxx

    Letter sent recorded delivery on 16th November 2007

    Data Protection Act 1998 - Subject access requesticon

    Please supply me with all of the personal dataicon that you hold to which I am entitled under the Data Protection Act 1998.

    Where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

    The reason I am requesting this is –

    The law is simple. If you did not issue me with a default notice you should not have registered a default against me with the credit reference agencies.

    I am meticulous in keeping all the correspondence I receive from anyone other than advertisements and I am certain you did not advise me of the fact that you were going to issue a default against me on this account.

    If you do not include among the information a true certified copy of the original default notice I will take this up with the Office of Fair Trading and Trading Standards and will make a complaint to Experian, Equifax and Call Credit asking them to remove the information relating to this account from their records.

    I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.


    British gas I have only spoken to on the phone but intend writing to them to again do a full SAR. I called them to cancel my account then moved after they sent me a refund becuase I had overpaidicon then i find out they have defaulted me for money outstanding!!!

    It has ruined my credit file.

    Thanks for your help

    Ian


  14. #14
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    Default Re: How to wipe a credit report


    E Open University Student Business Account xxxx

    Letter sent recorded delivery on 16th November 2007

    Data Protection Act 1998 - Subject access requesticon

    Please supply me with all of the personal dataicon that you hold to which I am entitled under the Data Protection Act 1998.

    Where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

    The reason I am requesting this is

    The law is simple. If you did not issue me with a default notice you should not have registered a default against me with the credit reference agencies. you do not need to give them a reason so i would remove this

    I am meticulous in keeping all the correspondence I receive from anyone other than advertisements and I am certain you did not advise me of the fact that you were going to issue a default against me on this account.

    If you do not include among the information a true certified copy of the original default notice I will take this up with the Office of Fair Trading and Trading Standards and will make a complaint to Experian, Equifax and Call Credit asking them to remove the information relating to this account from their records.

    I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.


    it may be worth taking a more softly softly approach for starter

    you may want to include something along the lines of...

    For clarification purposes please send me the following

    a copy of any default notice held on your files relating to this account

    a copy of any credit agreement relating to the account along with terms and conditions referred to within the agreement (they are not obliged to send t&cs but worth a try)

    copies of the data contained within my statements relating to all transactions

    and any other data held in your files relating to me


    Regards
    paul


  15. #15
    Basic Account Holder ianandemma Novitiate

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    Default Re: How to wipe a credit report

    thanks again paul


  16. #16
    Basic Account Holder davethorp Novitiate davethorp Novitiate

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    Default Re: How to wipe a credit report

    subbingicon

    This is something that has interested me. I've been very tempted to give the CRAs a section 10 notice under the DPA to cease processing any defamatory data unless they have strict proof that this data is warranted (the word of a creditor not being strict proof)

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for 312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for 192 approx, 3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court
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  17. #17
    Basic Account Holder ianandemma Novitiate

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    Default Re: How to wipe a credit report

    yes ill come back with information on how this does. I am going to do it with British Gas & Open University.

    They have got 40 days but i hope to find out everything before christmas


  18. #18
    Basic Account Holder East Wind Novitiate

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    Default Re: How to wipe a credit report

    Well I sent the letters to the various companies who have put a default on my account. orangeicon have basically admitted they have no record of what I need and have asked for a copy of my credit report in order to check this out!

    And Natwesticon have told me the exact date and location they sent it to and said that it was a computer generated letter and therefore don't have a copy. I was living at that address at the time and I did not receive it. Any ideas what I should do? Is this a fob off?



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