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Experian - breach of DPA and compensation offer

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  • Experian - breach of DPA and compensation offer

    Hello,

    I have had multiple issues with Experian over the course of around 2 years.

    In January 2014, I moved in to a new property and updated my information to be placed on the electoral roll. The council received my form of update and updated the information with Experian.
    As of March, I still wasn't listed, so I contacted Experian. After being passed from agent to agent for over 3 months, all of whom said they would correct the issue, I finally had the complaint escalated to the complaints team.
    Initially, and for a period of 2 months, I was told there were no inaccuracies and they blamed the council for not updating their records. I asked them to look again at the issue and they did. A month later, I received an email stating they had been at fault and the data was incorrectly handled by Experian resulting in the information not being listed on my credit file.

    I was offered £50 as compensation for the inconvenience, which I swiftly rejected.
    In January 2015, my case was escalated to a named person who asked me to prove that I had been adversely affected by Experian's error.

    Due to not being listed, I could even get a basic bank account, so I sent them proof of this in the form of a letter from a high street bank which declined my bank application as they could not find me listed at my address. I then sent them a recording from another high street bank in which the agent stated I would not be offered a bank account unless I was listed on the electoral roll at my property.

    The responses I received were a month apart, and caused huge frustration as I was eager to get the matter resolved.
    In June 2015, I received no reply after rejecting their 'increased' offer of £75.
    I called and requested to speak to the person I had been dealing with, only to be told they had been moved position internally and was no longer responsible for my case.
    Had I not called, I would never have heard back from Experian.

    I was provided with another complaints agent who was much more on the ball. He approached his management and made my case, but the offer was kept at £75. It was at this time that the agent conceded that not keeping accurate data was, as I had been pushing, a data protection breach.

    I asked them once last time in July 2015 to revise their offer and provide information as to what had gone wrong, otherwise I would take the issue to the Financial Ombudsman. They stuck to their guns, so to the FOS I went.

    The FOS were extremely quick, and after requesting data in order to investigate the problems - Experian contacted me and offered me £250 as a full and final settlement without the involvement of the FOS.
    I declined the offer, as I wanted an investigation to be carried out and for the FOS to give their verdict on what was fair and reasonable in terms of compensation.

    At the start of this month, they offered £350 to the FOS and have given reasons of 'repeated human error' as to why I had so many issues.

    The offer is now on the table, but they have requested that I make full and final settlement for fear it could otherwise go to the courts.

    FOS have said they can provide no further details other than the explanations of 'repeated human error' and they do not have the power to force the business to provide further information. I have forwarded the complaint to the ICO, as they have admitted it was a data protection breach, and in all honesty, I want them to learn from their repeated errors and also make them pay for what they put me through; in terms of hardship, stress, the repeated fobbing offs and the fact I now have only a very basic bank account, which I had take time off work to visit a branch and prove residency etc. The account doesn't even have credit interest.

    My question:
    Should I be done with it and accept their offer or take it to court? The ICO will hopefully provide more narrative on what went wrong, but their sudden change of heart and increased offers when the FOS got involved make me suspicious that they are in fact trying to avoid a larger pay out in terms of compensation.

    Many thanks.
    Tags: None

  • #2
    Re: Experian - breach of DPA and compensation offer

    My view is that you should take it.

    I think it is more than you would get from a court.

    Very many banks will require you to provide ID and proof of address, some require a branch visit, some don't. Again, most current accounts offer very little, if any, interest so I think you would be hard pushed to demonstrate loss.

    To make a claim under the Data Protection Act you must suffer "damage" and if you claim for "distress" you must also have suffered damage.

    It is a defence for the DC to show that they had taken reasponable care to comply with the requirement so if they show that their systems were sufficient, you might get nothing.

    In general terms damage must also be "reasonably forseeable" and, if I were acting for them I would say that it was not reasonably forseeable that you would NOT at the relevant time have a current account and would need a new one.

    Courts can and do characterise things like this as "the inconveniences of life" and routinely do not make awards in those circumstances in the absence of evidence of prolonged distress. Simply claiming that it caused stress is not sufficient and you would have to properly plead it and set out why it had caused distress and what the impact was.

    Comment


    • #3
      Re: Experian - breach of DPA and compensation offer

      Many thanks for your reply and knowledge on the subject.

      I had thought similarly, however wanted to ensure I wasn't prejudicing myself.

      In honesty, I do think I could win in court. Whether I would receive more or less than offered is uncertain, and DPA breaches are such a grey area in terms of providing proof of financial loss, etc.

      It bothers me that they are able to state 'multiple human errors' and provide no further information. Big business are able to get away with failures and if they choose not to implement strategies to decrease the risk of re-occurrence then it's their decision. I suppose I was being idealistic and wanted them to realise the implications of their flaws.

      I shall accept the offer. Many thanks.

      Comment


      • #4
        Re: Experian - breach of DPA and compensation offer

        Originally posted by jr9355 View Post
        Hello,

        I have had multiple issues with Experian over the course of around 2 years.

        In January 2014, I moved in to a new property and updated my information to be placed on the electoral roll. The council received my form of update and updated the information with Experian.
        As of March, I still wasn't listed, so I contacted Experian. After being passed from agent to agent for over 3 months, all of whom said they would correct the issue, I finally had the complaint escalated to the complaints team.
        Initially, and for a period of 2 months, I was told there were no inaccuracies and they blamed the council for not updating their records. I asked them to look again at the issue and they did. A month later, I received an email stating they had been at fault and the data was incorrectly handled by Experian resulting in the information not being listed on my credit file.

        I was offered £50 as compensation for the inconvenience, which I swiftly rejected.
        In January 2015, my case was escalated to a named person who asked me to prove that I had been adversely affected by Experian's error.

        Due to not being listed, I could even get a basic bank account, so I sent them proof of this in the form of a letter from a high street bank which declined my bank application as they could not find me listed at my address. I then sent them a recording from another high street bank in which the agent stated I would not be offered a bank account unless I was listed on the electoral roll at my property.

        The responses I received were a month apart, and caused huge frustration as I was eager to get the matter resolved.
        In June 2015, I received no reply after rejecting their 'increased' offer of £75.
        I called and requested to speak to the person I had been dealing with, only to be told they had been moved position internally and was no longer responsible for my case.
        Had I not called, I would never have heard back from Experian.

        I was provided with another complaints agent who was much more on the ball. He approached his management and made my case, but the offer was kept at £75. It was at this time that the agent conceded that not keeping accurate data was, as I had been pushing, a data protection breach.

        I asked them once last time in July 2015 to revise their offer and provide information as to what had gone wrong, otherwise I would take the issue to the Financial Ombudsman. They stuck to their guns, so to the FOS I went.

        The FOS were extremely quick, and after requesting data in order to investigate the problems - Experian contacted me and offered me £250 as a full and final settlement without the involvement of the FOS.
        I declined the offer, as I wanted an investigation to be carried out and for the FOS to give their verdict on what was fair and reasonable in terms of compensation.

        At the start of this month, they offered £350 to the FOS and have given reasons of 'repeated human error' as to why I had so many issues.

        The offer is now on the table, but they have requested that I make full and final settlement for fear it could otherwise go to the courts.

        FOS have said they can provide no further details other than the explanations of 'repeated human error' and they do not have the power to force the business to provide further information. I have forwarded the complaint to the ICO, as they have admitted it was a data protection breach, and in all honesty, I want them to learn from their repeated errors and also make them pay for what they put me through; in terms of hardship, stress, the repeated fobbing offs and the fact I now have only a very basic bank account, which I had take time off work to visit a branch and prove residency etc. The account doesn't even have credit interest.

        My question:
        Should I be done with it and accept their offer or take it to court? The ICO will hopefully provide more narrative on what went wrong, but their sudden change of heart and increased offers when the FOS got involved make me suspicious that they are in fact trying to avoid a larger pay out in terms of compensation.

        Many thanks.
        Hi welcome to LB,

        I think you are doing well to get £350.00 on this because, to get compensation at all for CRA errors is exceedingly hard as you have to be able to prove actual financial loss, being turned down for a bank account did not cost you any form of provable loss, annoying yes but not causing loss.

        Going to court would I think cost you more than you have been offered and success is not of course guaranteed.

        nem

        Comment


        • #5
          Re: Experian - breach of DPA and compensation offer

          There is case law now that you cannot sue the credit agencies for any inaccuracy. I will try and dig it out but Durkin might have something to do with it as well.

          They rely on thrd party subscribers to make sure the information is correct and accurate, it is them you need to concentrate on, not the credit agencies

          I would accept the offer, you are lucky to get that

          I have a feeling they are offering you "Sod off" money

          Comment


          • #6
            Re: Experian - breach of DPA and compensation offer

            Originally posted by judgemental24 View Post
            There is case law now that you cannot sue the credit agencies for any inaccuracy. I will try and dig it out but Durkin might have something to do with it as well.

            They rely on thrd party subscribers to make sure the information is correct and accurate, it is them you need to concentrate on,not the credit agencies

            I would accept the offer, you are lucky to get that
            Richard Durkin's case still didn't get compensation it remains the case that there needs to be actual provable loss.

            nem

            Comment

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