O2 refusing to remove incorrect data from credit report.

[Luco19]

Having some issues with O2 as of March this year as they have decided to link 2 accounts for another person with the same name and DOB as myself, however this other person has a middle name and i do not.

 

I do not have any accounts with O2.

 

• 18/3/18 Received letter stating i was in breach of contract for not paying my O2 bill.
  
• 22/3/18 Received letter telling me they had stopped me making calls and texts.
  
• 23/3/18 Checked call credit report and O2 had already linked my address with the debtors in Janurary 18 and had both accounts listed.
  
• 23/3/18 Emailed call credit stating the incorrect information.
  
• 2/4/18 Received letter from O2 telling me they had disconnected my phone.
  
• 7/4/18 Requested credit report from Experian.
  
• 20/4/18 received letter from call credit stating that O2 had not bothered to respond to them, and are unable to amend the entries to my credit file without the permission of O2.
  
• 20/4/18 same letter as above also stating that the disputed entries will be supressed from my credit file, however, O2 can remove the suppression at any time.
  
• 21/4/18 complaint letter sent to Experian stating the incorrect accounts and linked addresses.
  
• 17/5/18 Received email from Experian telling me O2 had supplied the following details "The link is correct as the account was registered to the disputed address."
  
• 1/5/18 Received letter from Experian stating O2 had removed the accounts but not the linked addresses.
  
• 1/5/18 Complaint send to ICO about Experian knowingly registering wrong information on there systems even though it had been proved it was not me O2 were looking for.
  
• 5/6/18 sent SAR to Experian
  
• 5/6/18 SAR sent to O2
  
• 8/6/18 Received letter requesting what specific information i wanted from Experian.
  
• 11/6/18 Sent Experian an email stating i wanted the information between themselves and O2 to see what had been said about the matter.
  
• 11/6/18 Received email back from Experian stating that they had supplied the information the comparison data sets in the additional information i could request.
  

No information regards conversations about themselves and O2.

 

What O2 have done here is add accounts and linked addresses to a serial debtor on my credit report , opening the floodgates for all of these other companies to jump on the bandwagon adding CCJs , Defaults, Late payment accounts to my credit files.

 

They are refusing to remove the wrong data from my Experian report and as stated above have not even replied to call credit about the issue.

 

No reply as yet from the ICO as they are running 8 weeks behind about the Experian complaint.

 

Next steps to take against O2 if anyone has any suggestions, AGAIN O2 are the ones that have opened the floodgates for all of the other comapnies to throw wrongful information onto my credit files without even bothering to do the correct checks.

 

***Please also note that my Experian credit report in April stated O2 were the source of the linked address, however my credit file in June states Experian are the source of the linked address***

 

Something funny going on i think.

Thanks

[Luco19]

After requesting my credit report in April i noticed multiple mistakes on my file relating to another person of the same name and DOB, this person has a middle name and i do not.

 

 

Ive listed what i have done so far and need advice as what to do next.

 

 

 

• 21/4/18 Emailed Experian telling them the information on my report was wrong
  
• 27/4/18 Received email stating they were raising my email as a complaint.
  
• 1/5/18 Received response from Experian explaining there investigation.(stated that the company had removed accounts from my report but not the linked addresses. and that it was the result of a mis trace), also stated they would not remove the linked addresses even though they knew the information was incorrect.
  
• 17/5/18 Received email from Experian stating "linked address made by O2, they confirm this data is accurate so we cant remove the links.
  
• 5/6/18 SAR sent to Experian
  
• 11/6/18 Received credit report as part of SAR with form to fill out asking what information i wanted.
  
• 11/6/18 forms returned along with email asking for all correspondance between Experian and the comapnies listed on my email dated 21/4/18.
  
• 11/6/18 received email back from Experian(which im confused about) but i think means we cant give you the information between Experian and the companies even though what i was requesting is about me.
  
• As of today not received additional information requested.
  

 

 

Documents ive posted here:

 

 

 

• My intitial email of 21/4/18
  
• Letter from Experian of 1/5/18
  
• Emails x2 from 17/5/18
  
• Email 11/6/18 about 3rd parties.
  

Reason i have made this thread

 

 

 

 

• Experian have acknowledged that the information on my credit report is wrong due to a mis trace and will not remove the linked addresses.
  
• This is surely breaching DPA/GDPR.
  
• The linked addresses will cause more wrongful information to be placed on my credit file through searches.
  
• They will not disclose conversation between Experian and O2 as part of my SAR, i have requested this to find out who is actually the cause of the link and i also want to know what FACTS O2 have provided Experian with to not remove the links.
  

I hope this makes sense and any more information i can post let me know.

 

 

Thanks

 

 

 

Luco19

Experian thread docs..pdf

[BankFodder]

As far as I understand the arrangement, the credit reference agencies have subscribers who are able to upload data to their database and also able to consult the database when they make lending decisions. The credit reference agencies will often tell you that they are not able to alter data on their database – but this is untrue.

As far as I understand it, the relationship between the credit references agencies and subscribers is a contractual one. The duties under GDPR are a statutory duty – a human rights duty – and it is impossible in my view that these obligations can be overridden by some contractual agreement – especially 1/3 party contractual agreement which has nothing to do with the data subject. It seems to me that their refusal to correct entries which they acknowledge are incorrect is unlawful and furthermore, their suggestion that they are not allowed to do this without permission from their subscriber is absurd and is also unlawful.

 

If you wanted to take a dramatic step on this, you could consider making a small claim against this credit reference. A claim for a small amount such as £50 would be enough to support the issue of the claim papers and would force the credit reference agency to deal with the matter. Of course they would probably make urgent approaches to their subscriber and eventually come back to you and say that they had permission from the subscriber and that the entry was now changed. This would achieve what you want – but it would be much better to establish the principle and to insist on obtaining a judgement. Because this is breach of statutory duty, you could insist on obtaining the judgement despite their offer a full settlement because there is an interest in getting clarification from the court.

 

You should be warned though that the credit reference agencies are not used to being challenged. They are not properly regulated and they generally speaking try to keep themselves in the background. If you issued a claim against them I think they would react furiously – but for a small sum as this, they could find themselves in a bind.

 

If this kind of action interested you then of course we would help. I think you have an extremely high chance of success. The chances of them magically sorting it out and offering to settle are probably nearly 100%. If you insisted on going for judgement then according to my understanding of the position of contractual duties and how they relate to overriding statutory duties, I would say that your chances of success are also close on 100%. However, the agency would probably do their best to turn it into a pretty stressful experience.

[steveod]

Any emails of correspondence between Experian and their subscribers that have your personal information in are required to be provided to you under the GDPR. They can suitably redact the personal data of the subscribers but they are required to provide the content of those emails if they contain any personal data about you. The fact they haven’t means they are in breach of the GDPR and you can claim against them in court and ask court to force them to comply with your SAR.

[brassnecked]

GDPR will hit the arrogant CRA's as any refusal to correct wrong information and spurious linking of wrong data to a persons file will automatically be a breach. It might even close down the whole CRA shebang when a few GDPR SAR come back and claims are made.

 

 

 

Agree with BankFodder Luco19, put a claim in, that refusal to correct is a definite breach of GDPR, as you have shown them info is wrong they are in breach by continuing to process the wrong uncorrected data on your file.

[Luco19]

This is the information i want, i want to know who has made the links, now there are also a couple of documents i can post (shots of my credit report).April 18 shows O2 as the source of the linked address i am disputing, June 18 shows Experian as source of the link to the disputed address, so they have changed the source of the data.

 

Source screen shot.pdf

 

I dont know if this has been done because the lender has said the data is accurate so it has been changed to Experian being the source ?? or they have changed it because they have made the mistake and are in fact the source of the link

 

 

GDPR will hit the arrogant CRA's as any refusal to correct wrong information and spurious linking of wrong data to a persons file will automatically be a breach. It might even close down the whole CRA shebang when a few GDPR SAR come back and claims are made.

 

 

 

Agree with BankFodder Luco19, put a claim in, that refusal to correct is a definite breach of GDPR, as you have shown them info is wrong they are in breach by continuing to process the wrong uncorrected data on your file.

 

 

I do agree with Bankfodder and i indeed would like to pursue this to obtain a judgement.

 

 

In the meantime i will email Experian again requesting the information i want.

 

 

Thanks

[BankFodder]

Have you sent Experian an SAR? I've lost track a bit.

[Luco19]

Yes Bankfodder, i sent my SAR on the 5/6/18 , they replied with part of my SAR and forms of what additional information i requested, i also emailed them to tell them i want the emails between Experian and O2 to establish HOW the information on my credit report had been said to be accurate when no checks had been done. They replied stating they dont disclose information exchanges between third parties.

 

 

I have emailed them again stating because the information is in relation to me i insist they send this to me along with all of the additional information i have requested on there SAR form.

[BankFodder]

Well you might want to send them a letter before action – if you are prepared to go ahead with the claim.

 

In that case I would tell them that their refusal to disclose personal data which involves you is a breach of your statutory rights to disclosure and also their refusal to remove/correct entries which they have admitted are inaccurate is also a breach of their obligation to maintain accurate records. Tell them that their position that they need permission from a subscriber is untenable because it is not possible that your statutory rights can be overridden by their contractual arrangement with a third party. Tell them that if they will not provide full disclosure and also erase all inaccurate data within 14 days then you will sue them in the County Court. Tell them that in addition you require to know with whom they have shared the inaccurate data or who else has had access to it.

 

Only make the threat if you prepared carried out. Don't bluff. It's not worth it

[Luco19]

I think they have had sufficent time and information to sort out this matter so would it not be better to go straight to court ?

 

 

As stated this is the 3rd time that the exact same persons information has been linked with me and Experian know this but have no procedures in place to stop this happening.

[BankFodder]

No you must give them a formal 14 days notice

[Luco19]

My letter before action , if i need to amend anything let me know thanks.

Microsoft Word - Experian LBA.pdf

[BankFodder]

Yes. I suggest you also put a reference number or at least refer to the date of your previous correspondence so there is no doubt as to what you are talking about. I think you could also add at the bottom that you will be making a complaint to the ICO as well – which you should do as soon as the 14 days expired.

 

If you are happy with this – then to make sure that you understand the basic steps to bring a small claim, that there is a margin of risk if you lose – although it is infiniteniscule and of course if you accept an offer from them – for instance if they comply with your requirements and you decide to abandon the action, then there would be no risk at all.

 

As I've already said, I think that where there is a serious issue such as this – a statutory breach which they claim is overridden by their own contractual negations, then I think you are entirely reasonable in refusing any offer and proceeding to get a judgement because there is an important human rights interest at stake.

 

I suggest that you claim for the distress and make it a very modest figure – not more than £100-£150. There will be a claim fee and if it goes to a hearing there will be a hearing fee – although it is all pretty cheap stuff at this level.

 

Don't expect the credit reference to take kindly to this. They are not used to being challenged.

[Luco19]

Sorry looking back at this thread i see i have actually missed out the point that i have already made a complaint to the ICO on 1/5/18 , i spoke to them a couple of weeks ago and say i should have a reply by the first or second week of July. Obviously when they start asking for more information/evidence i will be providing the extra things since my initial complaint.

 

 

I will state my complaint in my action letter.

 

 

I will get that posted today once i have done the corrections.

[BankFodder]

In that case I would reluctantly hold fire and see what the ICO has to say. Please could you post up a copy in PDF format of your ICO complaint.

[Luco19]

My ICO complaint attached.

ICO-Experian complaint.pdf

[BankFodder]

Thanks. I think it is best to wait and see if they use a decision. It is in your favour then you should go ahead and start the action. I can't imagine it will be against you – but I can certainly imagine that they will flannel you and ask for extra time.

 

I would suggest you get on the phone to them on Monday and start chasing them. Have they seen a copy of the letter which they sent you admitting the inaccuracies?

[Luco19]

Yes, my original complaint letter and final response letter from Experian stating the inaccuracies are both attached to my complaint.

 

 

Thanks.

[BankFodder]

Okay. I think it's probably best to wait. If the ICO come back to you and say that Experian aren't communicating with them then probably that would be the time to bring an action.

[Will Goodfellow]

Raise a complaint with the Financial Ombudsman Service.

[Luco19]

Im not sure O2 would fall under the FOS for this kind of complaint, i may be wrong ?

[BankFodder]

That's right. O2 does not fall under the FOS. The credit reference is do except that the FOS seem to take a very feeble position in respect of them so far as I can see.

 

Best to wait until the SAR comes in

[Will Goodfellow]

Im not sure O2 would fall under the FOS for this kind of complaint, i may be wrong ?

 

 

Answered above but it is the credit report issue that you seem to want resolved rather than the O2 debt. Also, relying on discrepancies with name spelling or middle initials errors is not going to negate your liability if you were the person who agreed to the O2 contract. What proof did you provide to Experian that the debt is unrelated to you?

[Luco19]

Hi Will, i want both issues sorted, O2 for adding 2 accounts and linked addresses to my credit report when i dont even have an account with O2, and Experian to sort out the matters due to them knowing that the accounts and addresses have been added to my credit file incorrectly but refuse to remove them.

 

 

Please see my other thread.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?488148-Are-Experian-breaching-DPA-GDPR

[mrabody]

It's worth noting, that Experian cannot require you to complete a form in order to have your SAR processed.

 

I recently sent an SAR to them and they sent me back a credit report as well as very lengthy form called a Data Access Request running to 16 pages in length

 

requesting an awful lot of information about me included

business I may be linked with,

details of possible employment history with Experian or companies Experian works with,

details of any Experian account I hold, etc etc.

 

They seem to be using my Subject Access Request as a means to gain more information about me for their files.

 

The fact that they have demanded the same of you is another arrow in your quiver should you decided to take them to court.

 

In your case, given that there is inaccurate information on your credit file which impacts upon your creditworthiness, you have suffered and continue to suffer material damages.

 

I should think your claim is worth more than £50.

The filing fee for any claim up to a value of £300 is £35 and for a claim with a value of up to £500 it is £50, and up to £1000 it is £70.