O2 refusing to remove incorrect data from credit report.

[Luco19]

Thanks for the reply mrabody, yes the forms were quite lengthy but i reluctantly filled them out in the hope i would get the information i had actually asked for quickly.

 

 

As of today i am still waiting for that information.

[mrabody]

I'm not going to fill out the forms, I'm going to just wait and see if they comply with the GDPR.

[BankFodder]

I have no doubt that Experian and the other credit reference are taking information which must be given up in order to obtain an SAR and adding it to their database – even though this would be unlawful because an SAR is a statutory right the Agencies have no right to take your data in this way and to use it once they have confirmed your identity and sense you the statutory disclosure. I'm quite convinced that the CRA's are acting unlawfully.

 

We have had reports on this forum of people asking for their credit files after having moved to a new address – and the next thing they know is that they start getting demands at that new address even though they haven't given it out to anyone else.

[BankFodder]

I'm not going to fill out the forms, I'm going to just wait and see if they comply with the GDPR.

 

We would be very grateful if you would start your own thread about your problem because the one you are posting on now is one where we are trying to deal with a very difficult story and having additional unrelated posts on it will just cause problems.

[Luco19]

SAR received from Experian,

however most of the correspondence has not been sent with the SAR,

 

im assuming this could be because it was issued before most of the follow up emails have taken place, so i will fill you in with the information.

 

• 1/5/18 Email received stating accounts had been removed from my credit file by the lender. However the linked addresses were left on my report and Experian stated they would not remove them without the consent of the company, even though they know that the information is a mistake and could further damage my credit reputation.
  
• 1/5/18 Complaint logged with ICO for inaccurate information being recorded on my credit file even though Experian know this information is incorrect.
  
• 7/6/18 Email to Experian asking for the information between the CRA and the company reporting the wrong data.
  
• 7/6/18 Email received from Experian stating they do not share information regarding 3rd parties, (even though this is about me so should be part of my SAR)
  

 

After a lot of dealings with Experian over the past 15 years regarding the same mistake being made 4 times and the same person being added to my credit report ruining my credit and every time Experian stating it is the responsibility of the company reporting the information to add/remove/edit, they have stated they can not under any circumstance remove this data without the companies consent.

 

• 29/6/18 Email received from Experian stating that i had made a complaint to them on social media ( i have never made a complaint to them on social media) , email stated that they were now going to remove the incorrect address links without the companies consent.
  

So all this time and all of this needless worry, they remove the data themselves even though they have stated they can not remove it without the companies consent.

 

Case currently ongoing with the ICO, still awaiting response from Experian

 

My concerns about this situation now and for the future is:

 

• As stated by Experians head of consumer affairs
  " We always check information before it is added to credit reports and we take our data accuracy responsibilities very seriously indeed.
  We work very closely with lenders to identify and minimise errors from occurring.
  For example, we carry out hundreds of extensive checks on all information before any detail is added to someone’s credit report. "
  

They have now failed 4 times in not carrying out checks concerning my credit file over 15 years, does not say much for there checking systems.

 

• Because i have this other persons accounts/information on my credit file i can see all of his details, SO he can also see all of my details.
  

Data protection breach.

 

• Stated numerous times that it is the company at fault for the incorrect information adding to my credit file and Experian can not remove this without there consent.
  

I have dealt with this for 15 years and each time costing me hours and hours writing emails/letters/phone calls.

It should be the responsibility of the company to prove to the CRAs that they have the right person and produce the evidence for this,

 

when i have disputed the data i have not once been asked to produce evidence of why this is not ME.

And told to sort it out myself

Is it the fact that the companies pay the CRAs and the consumer does not pay them that they take the companies side in these matters ?

 

• Because the wrong information is being recorded on a credit report, it then opens the door for other companies searching there debtor to start hounding the wrong person.
  

I have started to receive collection letters and receiving phone calls.

 

• On my credit report in April the source of the link is O2, In Junes report the source of the link is Experian, they have even added a further link dated April made by Experian
  

So who really is at fault here ?

O2 have added one link incorrectly and a further link has been made by Experian.

Are they both at fault ?

 

The information has now been erased but again the damage has been done, has all of the companies that have searched my report been informed that the information they have been looking at is incorrect ,

or will it be the case that in a few weeks or months to come i will have another default/CCJ or worse added to my credit report.

 

Whatever the outcome with the ICO i think it might be time to start court proceedings to get the answers i am looking for, let the judge decide who is at fault and try and find out the exact workings of a CRA.

 

Again whatever the outcome from a court room i hopefully will have the answers i want.

What do you all think ?

Edited July 15, 2018 by dx100uk
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[steveod]

I think you could claim for damages and distress.

It doesn’t matter if o2 is at fault, the fact that you have raised the issue with Experian that the personal data held is incorrect means that they are obliged to rectify it and not just pass the buck to the company supplying the personal data.

 

They have GDPR obligations to ensure the personal data THEY hold is correct and if that means they need to investigate with the company that provided the data, then that is what THEY have to do.

Edited July 15, 2018 by dx100uk
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[Luco19]

They have said they have contacted the company and the company stated the information is correct.

 

The information i have requested is what evidence have they supplied to Experian to prove they are correct , and if they have not supplied this information then why were Experian refusing to remove the information.

 

Experian have told me to contact the company O2 to sort the matter out myself, what should happen is say hold on , you have added this data incorrectly and the customer has disputed it, can you now provide us with the evidence that you think this is correct.

 

But NO , what Experian have done is made no checks whatsoever, told me to sort the mess out by telling me to contact the company, (no name or dept references to help) and then added there own entry on my credit file with the linked address.

 

Then whole system is a shambles and to say it only happens in a small amount of cases is absolute rubbish.

[steveod]

Just send Experian a letter and tell them they must rectify the data under art 16 if the GDPR.

And tell them you are giving notice under your article 18 rights restricting the processing of your data until they rectify it.

 

Tell them if that does not happen within 14 days you will bring legal action against Experian for breaching the GDPR and will seek compensation for the damages and distress caused and you will also lodge a further complaint with the ICO for their breach of art 16 and 18

Edited July 15, 2018 by dx100uk
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