I have already taken Natwest 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?

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.

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!

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.

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 Natwest 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...."!

Hi Eastwind,

I think you'll find it very diffucult to get Natwest 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 RBS.

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

Thanks for that Shane. I might write that to Natwest 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!

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

subbing

subbing

- Whats that mean?

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

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

well its a couple of situations.

British Gas - http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/120104-british-refunded-me-then.html

&

Open University - http://www.consumeractiongroup.co.uk/forum/general-debt/120097-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 Request

Please supply me with all of the personal data 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 overpaid then i find out they have defaulted me for money outstanding!!!

It has ruined my credit file.

Thanks for your help

Ian

 

E – Open University Student Business Account – xxxx

 

Letter sent recorded delivery on 16th November 2007

 

Data Protection Act 1998 - Subject Access Request

 

Please supply me with all of the personal data 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

thanks again paul

Subbing

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)

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

Well I sent the letters to the various companies who have put a default on my account. Orange 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 Natwest 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?