I think it requires a shake up and revised legislation under the Data Protection Act..at the moment its run like a cartel and they are all in it together.Initially the Credit Reference Agencies was set up for creditors only and only if you was a lender or creditor and had the necessary licence was you able to submit data.Debt Collectors are not creditors ..they are buyers of defunct debts/agreements at a vastly discounted price who are allowed to profit by being assigned the debts which the original creditor has already wrote off and claimed tax loss against.

Yes I agree that some kind of stricter process is required with possible penalties incurred for submitting incorrect data...but if you weed out the bottom feeders firstly the errors would be reduced significantly..and of course dont forget your always open to sue them (Creditors/DCAs) for breaches of Data and compensation.

Thats assuming you get past the cartel first

https://ico.org.uk/for-the-public/credit/

That's all very interesting, thanks Andy.

and of course dont forget your always open to sue them (Creditors/DCAs) for breaches of Data and compensation.

 

Thats assuming you get past the cartel first

 

https://ico.org.uk/for-the-public/credit/

If I could pick your brains again, in all your years of experience have you come across many people successfully suing a DCA such as Arrow? And what's a ball park figure of what it would cost? I strongly feel I should be financially compensated for this bogus default entry on my credit reference which at the moment is ruining my life. I feel Arrow should be made to pay for this and I would be prepared to have another adventure in court to make them do so.

We are about to enter Day 3 of the 14 Day warning I have given to Arrow and my credit report is still showing the bogus, illegal default. Furthermore, I cannot proceed with an anticipated financial transaction until Arrow remove this bogus and illegal default.

If anyone from Arrow is reading this, please let Lee, your CEO (who, if you catch up on the whole thread here, has already personally got back to me via email, assuring me that he has passed the information on to the relevant department) know that I am sitting here drumming my fingers on my laptop and counting down the hours until I report Arrow to the ICO and that I will put everything else in my life on hold to fight this case to the ends of the earth because I am feeling more and more impassioned every hour regarding the sheer unjustness of Arrow's actions and I will not rest until that default is removed from my credit report.

We have had a few over the years......mostly original creditors...never come across a DCA resurrecting a default marker once its fallen off your file...in fact it shouldn't be possible..as only the OC can place it...DCAs can only update the name of creditor....once it hits its 6th Anniversary its dispensed with.

To consider any litigation you must be able to prove that you have suffered loss or incurred damage as a direct result of their failure to comply with their obligations under the Act, then you may be able to claim compensation.

Andy

never come across a DCA resurrecting a default marker once its fallen off your file...in fact it shouldn't be possible..as only the OC can place it...DCAs can only update the name of creditor....once it hits its 6th Anniversary its dispensed with.

That's very interesting. At one point I wondered whether this was a genuine mistake on Arrow's part, but their telephone operative (who was very polite and courteous) told me that this was a Monument default. She knew. So it follows that as a DCA should not be able to place a default with a CRA, only an OC, then she must have known that Arrow's actions were illegal and that she was willfully misinforming me.

To consider any litigation you must be able to prove that you have suffered loss or incurred damage as a direct result of their failure to comply with their obligations under the Act, then you may be able to claim compensation.

Thanks. I would like to claim compensation. Every day that that default remains on my report is causing more and more damage to my life.

Every. Single. Day.

How would the CEO of Arrow like it if he woke up every morning knowing that an illegal action by me was causing him further damage for yet another day of his life?

He wouldn't.

Have you used the link above to inform the CRAs of a Notice of Correction Joan ?

Have you used the link above to inform the CRAs of a Notice of Correction Joan ?

I have Andy, but only Experian. Should I do the other two as well?

I have just sent a further polite email to Arrow's CEO asking if he would chase this case up and requesting that he gets the default removed today, as at the moment it's not an understatement to say it is ruining my life. To be honest if he responds and the default is removed immediately (we're in Day 4 of 14 now) then I don't think I'd seek compensation. I just want the default removed and to move on.

It is advisable to send to all Joan..create a paper trail...once you advise them..they also take it up with Arrow Data controller..so more pressure the better:wink:

It is advisable to send to all Joan..create a paper trail...once you advise them..they also take it up with their Data controller..so more pressure the better:wink:

OK will do today, cheers Andy.

The latest installment of my flurry of correspodence with Arrow's CEO is that he answered my email of yesterday within 4 hours, thanking me for my patience and telling me that his team have looked into my request and agree that they can remove this default from my credit file, and that they will be putting in an urgent request to make this happen. He also said that he was pleased that they were able to resolve this issue for me.

All great and lovely jubbly, except as of 7.41am on Day 6, it is as yet still unresolved. Let us see what today brings and pray for sunshine and happiness all round because the past week has brought too many unnecessary tears.*

*On my part, not on the CEO's.

Update Day 10 of 14. The default is still showing.

Arrow's CEO has been getting back to me daily assuring me his team are taking action and yesterday told me they'd been in touch with all three CRAs who assured them the default removal had now been actioned.

In Experian's case, when a case is being individually amended like this one (rather than bulk processed, which can take a month to reflect on the report) the dept dealing with it is the Debt Amendment dept whose office hours are 9-5 Mon-Fri.

Experian told me last night that I need a reference number from Arrow relating to the recent (supposed) removal of the default. This I asked Arrow's CEO to furnish me with, at which point he has finally passed my case down to another colleague.

After 10 days of promises I have completely lost faith that anything is being done and will be reporting Arrow to the ICO in 4 days' time. This is going to cost me my job and lose a house purchase.

I am now beyond furious.

then you inform them you WILL sue them.

for the full amount of lost wages and mortgage etc..etc

you'd better let them know

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, see link below bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

© the parties disclosing key documents relevant to the issues in dispute.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Things have gone from bad to worse.

On the 17th July the illegal default was removed which was confirmed in writing by letter by Experian.

On the 19th July Arrow put a new default on the account.

I have informed their CEO, who, up to now has been very helpful, that I am reporting Arrow to the ICO, which I will do, today.

This is going to lose me both a job and a house.

send a lba letting them know what your losses are or going to be and telling them that you will be after that sum as compensation.

If less than £100k then the county court will hear the claim and costs limited so dont be afraid.

You cannot afford to be nice or polite any longer.

The ICO will make a determination but cant compensate you in any meaningful way

Thanks ericsbrother.

I rang Experian and discovered there was a problem with their computer system as they're switching from their old system to a new one.

The default finally stopped showing 48 hours later.

Arrrow got back to me, apologised again,

said they were looking into it

when I told them that in this case the fault was with Experian's system

they offered me £200 compensation for the trouble they've caused...

So all resolved now Joan ?

Hi Andy. Yup.

But if the property I'm trying to buy is snapped up by another buyer before I have a chance to get a deposit down due to this 19 day delay, it will be Arrow's fault.

That's when I will be absolutely furious.

They are playing with people's lives by pulling stunts like this.

Thanks for your advice a few posts up Andy and DX,

I completely missed those for some reason.

What do you recommend I do now then?

have you accepted the £200 ?

Do you want to embark on litigation ?

You will have to provide evidence of loss and damage.....and realistically losing a potential property would not be considered as a loss.

Andy

Yes I accepted.

No I don't want to enter into litigation.

The illegal default was not the fault of the CEO who has been very helpful outside of his remit which I appreciate.

It just seems outrageous that DCAs like Arrow are constantly getting away with negatively affecting people's lives like this.

If these illegal defaults are all genuine errors, they're sloppy unacceptable ones which should be punished, and if I lose this property £200 is in no way adequate compensation.

You clearly dont not believe that the CEO has what is called vicarious liability,

in other words the buck stops with him so he wasnt being nice or helpful,

he was delying things as long as possible to cover the backsides of the people who were behaving in the manner they were instructed to by him.

They are not genuine errors either,

Arrows werent given the debt until it was way too late to act upon it anyway so they do this out of spite.

Last year a chap got £7000 as an out of court settlement for failing to secure work,

which is an intangible like you losing the opportunity to buy this property.

That is why credit reference fies exists so this sort of damage is actually very relevant

Do you think I should sue them then?

if you can show a loss that is directly as a result of their false reporting then yes.

For example, you got turned down for a loan at preferential rates and had to accept a higher interest rate

you sue for the difference in interest for the loan period as that is your loss..

If you loss is intangible, such as the lost opportunity to buy a house then it will be much harder to qualtify

becasue it can be argued that there was no certainly to the bargain anyway.

best take advice on the latter scenario as getting the wording and amount right will make all the difference.

No harm in sending a lba though and telling them that £200 is nowhere near enough and that you are looking at this example ( please find it) for setting the going rate of compo.

They may well come back with an offer of nearer £1k Durkin v DSG set the scene for a cause.

Also bear in mind the decision of Vidal Hall v Google and VCS v Philip regarding the cause for action should they say that it isnt actionable as no loss has occurred.

The latter set a minimum of £250 as being suitable compo but others have got £400-500 on the same basis (parking companies misusing their data) and others up to £1000