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Credit Reference Agencies


leehughes
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It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.

 

Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?

 

Regards

Just another 21 Banks to go......

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It is said that if a Bank has defaulted you, that if it was due to their imposition of penalty charges, you should ask them to remove the entry in its' entirety.

 

Can you just get the credit reference agency to remove it and take action against them as they are holding inaccurate information?

 

Regards

Just another 21 Banks to go......

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I wish it was that easy but they will want an instruction from the bank before they remove it.

 

On the other hand, they could be made a party to a defamation action.

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I wish it was that easy but they will want an instruction from the bank before they remove it.

 

On the other hand, they could be made a party to a defamation action.

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Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?

 

I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.

 

Regards

Just another 21 Banks to go......

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Indeed but couldn't a victory against the bank be sufficient to prove the fact that their information is incorrect regardless of the stance of the bank?

 

I was under the impression that the credit reference agencies hold factual information and as such you could prove to them that the information in their records is simply not true.

 

Regards

Just another 21 Banks to go......

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Get your court victory first.

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Get your court victory first.

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I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.

Regards

 

Robert Brenchley

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I was the victim of identity theft some years back, and had to prove that it wasn't me that had been buying things from catalogues and then failing to pay. I got there in the end, but it's not the sort of process you want to be involved in. Force the banks to remove them for you.

Regards

 

Robert Brenchley

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The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.

 

It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

Information/advice is given in good faith, but I cannot take any responsibility if you choose to rely on it. If in any doubt, seek advice from an insured, qualified professional.

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The general rule is that a Court can make any order it sees fit - its powers aren't limited to ordering damages.

 

It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

Information/advice is given in good faith, but I cannot take any responsibility if you choose to rely on it. If in any doubt, seek advice from an insured, qualified professional.

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It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.

As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)

If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.

It would be useful to have a template for this ready in the Library. Any volunteers??

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It might be worth adding to complaint letters to the Bank, and to any Claim Form you submit to court, that as part of the settlement, you want them to remove Credit Reference Agency data that was caused by their wrongful charges.

 

Don't settle with them until the settlement document you sign contains a statement from them that they will do this. And if they offer you the money but refuse to take away the CRA information, keep threatening to take them to court. Eventually, either they'll relent or you'll take them to Court and ask for an order to force the bank to change the information. If the court refuses, for whatever reason, to make the order, you're no worse off!

I agree wholeheartedly with what you say and in fact there is a post somewhere about Nationwide who agreed verbally and then refused to remove the deafult. Gte it in writing.

As far as the court ordering it - this is a bit tricky. I would agree in principle - except check a post by Diddles, I think, where the judge refsued to make the order on the basis that he did not have the power to do so and said that this was a matter for the IC. - (In fact it may have neen in the same Nationwide post and not Diddled.)

If you wanted such an order as that, you would have to draft it and make sure that the judge was persuaded that he could make such an order.

It would be useful to have a template for this ready in the Library. Any volunteers??

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Just another 21 Banks to go......

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