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Association on CRA's to a known debtor


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Can anyone tell me what is the state of play regarding filing in the county court for damage to credit reputation?

 

Circumstances are: A financial institution listed an association some years ago to a person who is clearly a known debtor, (clear since they left this property some time ago a number of collectors have shown up looking for them). Point being I KNOW I have never a financial association with this person. They company concerned did not reply to my 1st two letters (until I threatened the ICO) then wanted me to call them to discuss this. Ever since then I have had a stream of letters trying to justify their actions but have insisted this is valid data. They however have no records no idea as to why this was originally created as their records don't go back that far. They have also tried to tell me that you can file a notice with the CRA's and associations don't matter anyway,(which is a straight lie, what would be the point of the system anyway?)

 

I have been pushed from pillar to post for 4 months now, they have now referred to letters that have have never been received, but no doubt a filed on their computer systems, for the record, and I have run out of patience with this organisation.

 

I now have two options:

 

File with the ICO, which would grind through their system and remove this association.

 

Take them to the county court. As I see it, I cannot show a negative, if it never happened, how can that be. They would have to show that this entry is valid, but they have no records as to why this was created. Possible downside is that the judge could decide that is my credit reputation is stuffed any way, it didn't matter. Want to remove this as, fairly soon, not only has the bad news dropped of of my credit record, they go Stat Barred anyway.

 

Grrrrrrrrrrrr

 

David

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Judge would not be aware your credit was trashed anyway...issue them a LBA and give them 14 days to remove adverse data or you will be forced to commence legal action in the CCBC....if no joy start a Part 8 claim.

 

Regards

 

Andy

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Thanks for your input AY.

 

More or less my thoughts anyway but wanted to make sure there were no problems current with this route.

 

I will knock out an LBA and send it to be signed for. I think that this may do the trick. From the run around I have been getting I suspect they were concerned I could bring action and have got into 'smoke and mirrors' to try and protect themselves.

 

If push comes to shove, I will need help as the last time I brought action was around 12 years ago!

 

Thanks again

 

David

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Its a straight forward simplistic claim...post your LBA first before sending.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Got a result here.

 

Been away for some days so didn't get round to the LBA, but a letter turned up from them saying that as they don't really know why this entry was made, they will remove it and confirm when they have done so.

 

David

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Excellent let us know when it has been removed and we will alter your thread title to reflect the outcome.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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