Remove GAIN Information from credit File

[jononi-exchange]

I am new to this forum and I have received my credit file, I am very concern that MBNA has recorded a GAIN information on my credit file. Can someone please advised me how to get this information removed.

 

Thank you for your help.

[rory32]

Your first step is to write to MBNA and inform them that the information is incorrect and how it is incorrect. They should then correct the information on your credit file. If they don't let us know and we can explore some possibilities.

[rory32]

Oh forgot, give them a timescale to respond in. I would suggest 21 days.

[NailPost]

21 days is too long - it suggests you are in no particular hurry to change your file. Give them no more than 14 days to fully comply.

 

You should also write to the credit agencies as they are obliged to carry correct information.

 

If they don't, or more importantly won't, then contact the Infor,ation Commissioner. He has the power to order them to comply.

[Paintball]

Subscribing ...

[djdave]

Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.

 

I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the DPA they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.

[rory32]

As DJDave states the 21 days is the timescale laid down by the Data Protection Act. Frustrating as it is you have to appear reasonable.

[jononi-exchange]

Thanks for the advice I have now written to MBNA and given them 21 days to justify, in the meantime, I am considering legal action to claim damages and distress for inaccurate informatio. Has anyone got a sample letter for claiming compensation please.

[rory32]

Well you need to quantify damage and distress. Can you do this?

[jononi-exchange]

I think I can and I have just been talking to Rebecca at Experian who took responsiblity for causing me distress and alarm by holding inaccurate data, you the board is my witness so I am now going to serve Experian a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that they conform to my demand for a change in the manner in which they hold and process subject data about me.

any comments will be apprecited.

[Paintball]

Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.

 

I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the Data Protection Act they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.

 

Dave, are you referring here to the Sat S10/12 Notice and if so, would this need to be modified to suit the circumstance?

[djdave]

Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

[Docman]

Subscribing, but can anyone explain what GAIN stands for?

[djdave]

Gone Away Information Network - basically a register of bad debtors who have "done a runner".

 

Which is why the OP doesn't want to be on it.

[Docman]

Thanks DJ, I've been at the same address for 20 years, so it didn't apply to me and hadn't come across it before.

[Paintball]

Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

 

Would it be appropriate if one had written asking for information on a GAIN entry to find out why it appeared on your file in the first place rather than going straight in and demanding its removal by a stat Notice?

[Paintball]

Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

 

Hmmm, was just thinking about this: if Tom Brennan can't win damages what hope have the rest of us?

[rory32]

The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.

[Paintball]

The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.

 

Er, yes Rory I realise that it's nothing to do with penalty charges (doh! ) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of interest say on a mortgage (as I myself have!). :o

 

Please point me in the direction of a post/thread that would illustrate where an individual has managed to claim damages as a result of the above. If this has happened I will happily pursue such a claim myself ...

 

Many thanks ...

[jononi-exchange]

Subscribing, but can anyone explain what GAIN stands for?

 

GAIN = Gone Away Information network.

[jononi-exchange]

Er, yes Rory I realise that it's nothing to do with penalty charges (doh! ) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of interest say on a mortgage (as I myself have!). :o

 

Please point me in the direction of a post/thread that would illustrate where an individual has managed to claim damages as a result of the above. If this has happened I will happily pursue such a claim myself ...

 

Many thanks ...

this is a thread I have been reviewing with great interest but unable to get more details of the POC .....

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/22995-vodafone-default-removal-distress.html?highlight=Vodafone+WON

[Paintball]

this is a thread I have been reviewing with great interest but unable to get more details of the POC .....

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/22995-vodafone-default-removal-distress.html?highlight=Vodafone+WON

 

OK Jononi, here's a link to a very useful thread I've been following: Defaults - background, removal methods, challenges and taking a claim to Court

 

See the section on POC which offers alternative options to suit a particluar circumstance. Dayglo's re-wording can been added at the end and, hey presto, you can file your N1 for £30 and include the amount you feel appropriate in damages .... BUT ...

I shall do some more reserch on this into the wee small hours and get back to you.

[Paintball]

BTW Jononi, that was indeed a cracking thread you put me on to. Pity about the g/f though

[Paintball]

Jononi, how are you getting on with this?

[jononi-exchange]

Jononi, how are you getting on with this?

 

Thank you very much for asking.

 

MBNA replied stating that there are no agreement in place, so I contacted the OFT and waiting for them to advice me further.

I am looking for a solicitor to instruct to remove this information and make a claim for me for damages and distress.