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It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.
Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?
It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.
Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?
I wish it was that easy but they will want an instruction from the bank before they remove it.
On the other hand, they could be made a party to a defamation action.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
I wish it was that easy but they will want an instruction from the bank before they remove it.
On the other hand, they could be made a party to a defamation action.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?
I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.
Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?
I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.
I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.
The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.
Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!
The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.
Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.
Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!
I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.
As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)
If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.
It would be useful to have a template for this ready in the Library. Any volunteers??
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.
Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!
I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.
As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)
If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.
It would be useful to have a template for this ready in the Library. Any volunteers??
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Credit Reference Agencies
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Originally Posted by thoughtcriminal
