Abbey putting old defaulted information back on my Crefit File!!!!

[Redmountie999]

Can anyone help please!!!!!

 

Several years ago I received a default by one ofthe other high street banks. This default has stayed on my credit file for the past 6 years and was removed in November 2007. I recently applied for a mortgage and overdraft products with my bank Lloyds TSB. Upon application I was turned down and discovered that this was becasue the previous adverse credit history (default) was still showing on their internal system. I immediately contacted Equifax who confirmed that the information was still on there.

 

In November and again in December I complained against Abby National as they incorrectly placed the orignal default marker back on my credit file then. I wrote to the Financial Ombudsman Service to consider my complaint and they upheld it. I subsequently received £200 compensation from the Abbey.

 

This has again happened and Abeey have again apologised and made another offer of £200 compensation. Should I accapt this??????

 

The other problem I have is that Lloyds Tsb are refusing to remove the adverse data they hold against me on their internal system. I have complained to them and they acknowledge that this is an error and say that they have corrected it. Yesterday I rang to increase my overdraft and they refused due to adverse credit data with Equifax. I've checked my credit file and this information is not on there.

 

What can I do about Lloyds refusing to correct the incorrect internal data they hold about me????

[car2403]

This has again happened and Abeey have again apologised and made another offer of £200 compensation. Should I accapt this??????

 

If they agree to remove the default again, I would seriously consider it - you're unlikely to receive more if you go to Court.

 

If they won't remove the default, I would refuse it and pursue them through Court.

 

What can I do about Lloyds refusing to correct the incorrect internal data they hold about me????

 

Which data is this? The fact they've refused your application because of Abbey's default?

[Redmountie999]

Yeah Lloyds are saying that they can't remove the data they hold for me internally (put on by the Abbey) as this is the information shown on my credit file externally. This is incorrect and i've even supplied them with copies of my credit reports to show them it's not on there!!!!!!

[car2403]

Send them this;

 

 

Date

 

Dear Sir/Madam

 

Re: ****

 

Please note this letter is a statutory notice pursuant to s.10 and s.12 Data Protection Act 1998

 

The information relating to external information relating to my credit reference file, linked to the above account. in which I am the data subject is incorrect. Therefore, under Section 10 and Section 12 of the Data Protection Act 1998 I require you to cease processing the data in relation to the external information relating to my credit reference file that is incorrect.

 

This means you must erase or destroy all information regarding external information relating to my credit reference file from your own internal record, as it is causing me damage in the form of a negative effect on my credit rating and on credit decisions being made, internally or externally from Lloyds TSB.

 

Further, as decisions have been taken based on that incorrect information, I will require you to manually revisit those decisions, my entitlement under s.12 DPA, taking in to consideration that the incorrect material facts have been included in previous automated decisions, and that this information has included inaccurate external information relating to my credit reference file.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; which I contend you have not, and that my contention will be substantiated by the production of Prima Facie evidence, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

If you do not cooperate fully with my request you may also view this correspondence as a notice of intention to apply to the Court under section 13 and 14 Data Protection Act 1998 for an order requiring the data controller to erase and destroy, the incorrect data that you hold and continue to process. I also reserve the right to issue proceedings, without further notice, against Lloyds TSB for compensation under section 13 of the aforesaid Act. This claim will be made for breaches of the Third, Fourth and Fifth Principles of the aforesaid Act

 

 

Yours Sincerely