newbie

[spark1]

Hi everyone

At the moment Im working to remove untruths from my wifes experian credit file. :tinysmile_grin_t:

Spark

[natweststaffmember]

Re: newbie

Welcome Spark to the Beagles forum. Keep us updated and probably might be worth some background if you have already had some success. Welcome

[Paule]

Re: newbie

Hi Sparx

We have a forum on Credit Refernce Agencies

Credit Reference Agencies - Legal Beagles

Have a read and just shout if you need some help

PKea

[enaid]

Re: newbie

Hello sparkie and welcome to Legal Beagles.
Please have a look round and if you need any help with anything give a shout, someone will soon be along to help you.
If you have an ongoing claim, or a problem you need answers to, then you can start a thread in the appropriate forum. If you are unsure of which forum you feel your thread should be in, or indeed if you would like your details kept private, then please just reply to this message.
If you are just here seeking information, then please feel free.Once again if you need help doing this just ask.
When you have settled in, if you feel like a chat we have the Legal Beagle Chatroom, or there is The Lamp Post for off topic threads. Hope to speak soon Enaid x

[spark1]

Re: newbie

Thanks for all the welcomes guys

Trying to remove untruths / incorrect information is a night mare, the most common reply to such a request is !

" Unfortunately I am unable to amend this information without the authorisation of the company in question "

so Im going down the root of libel / defamation.

Is there anyone on here who has legal knowledge of libel / defamation

Thanks

[Paule]

Re: newbie

Think you are jumping the gun a bit, What is the background behind this

Have you wrote to the companies in question, that have placed the info on your credit file?

What was their response?

What are the entries on your file that are incorrect?

The CRA put data that is provided by the lenders, so they are right in saying contact the company, which needs to be the first step.

What are the companies that have put the information on the credit files?

Have you got credit reports from all the CRAs?

The more background information you can give us and what steps yyou have already taken wil help us to help you.

PKea

[spark1]

Re: newbie

Pkea

I will not go into fine detail, I will outline the issue, it goes back to march this year.

My wife has never had a bank loan, never borrowed money never had a credit card.

Received 3 letters from a DCA. They all said the same sort in thing, We are / they are now the legal owners of the above debt : bank loan. One of the letters had a Bank Logo on it with the registered address etc at the footing.
Wife phoned them, explained nothing to do with her, also sent them a letter. Sent another letter to the Bank named in the letters. Bank replied in writing and confirmed they never gave our address when they sold debt on. Im thinking they have the wrong person, checked wifes credit file, lt was full of unknown linked addresss and three " unathorised searches unrecorded ". Reported to credit agency, got the answer " Unfortunately we am unable to amend this information without the authorisation of the company in question ". Wrote to the company that had caused linked address problem explaining situation, using words such as Libel, within a week, big sorry and we will inform all credit agencies of our mistake.

Now the searches were carried out without my wifes " consent " DPA
Credit reference told wife the DCA states the details are accurate.
DCA then adds statement that the entries refer to :
Bank resolve / Consolidation Loan ************* Notice of default sent etc etc.

Wrote to DCA recorded delivery, letter came back week letter unsigned for. Now to me these UNTRUTHS are Libel / Defamation to my wife and causing unwarranted stress and damage. It affects me aswell being financially linked. I have wrote a strong letter to the credit reference agency quoting DPA, UK Human Rights act stating all the revelant sections that apply and requested they remove the incorrect information "untruths", stating if they do not, we will take court proceedings bah blah, not to forget we asked for compensation aswell.

Spark

[Paule]

Re: newbie

Can you scan any of the letters youve recieved (remove personal details) and post them on the forum.

Can you confirm the following

How many Banks

How many DCAs

At present it is a bit hard to understand where you are at, as you dont state so we can only make presumptions of how each user interprets what you write.

Can you post up the letters you have sent to the various agencies requesting your details be amended.

You could be the victim of Identity Theft

[spark1]

Re: newbie

Pkea

Its not ID theft and I dont want to start scanning letters etc onto a forum, I appreciate your help, but at the moment I am looking for advise regarding untruths on my wife credit file, is there a case for libel for the untruths.

Cheers Spark

[WendyB]

Re: newbie

Pkea
Wrote to the company that had caused linked address problem explaining situation, using words such as Libel, within a week, big sorry and we will inform all credit agencies of our mistake.

Well if they haven't done this then they should be your first point of contact, write to them again asking them why they haven't informed the CRAs of their mistake.

The only way you can get the data amended/removed from your credit file is by the originator of that data telling Experian (or whichever CRA) to remove/amend it. It is the DCA you should be going after, not the CRA.

You can also add a statement onto your credit file which will be read when others do legitimate credit searches.

Its difficult to advise without seeing the text of actual correspondence or knowing which DCA is involved. Different DCA's deal with things in different ways, some are easier to sort out than others, knowing which one it was would help to know what sort of route to take to get the best result.

[Paule]

Re: newbie

Spark

As Wendy has posted we cannot properly advise you if we dont know, at least, the company who you are dealing with.

You need to follow correct protocol, ie asking for things to removed, specific letters etc
Then if all that fails maybe you can try the libel route

If you only want to know about a libel/defamation case then I suggest your contact a solicitor who specialises in Libel cases regarding Data issues.
We are not solicitors and libel/defamtion can be a very complex case, so I cannot advise how to proceed in that direction. TBH I wouldnt know where to start.

It can also be very costly to go down this route and could cost you more in solicitors than you may even recoup in compensation.

We are all here to help you, but its hard without anything to go on.

We dont know what youve sent, how youve worded things, what (if any) acts or case law you have included in your letters.

You can PM one of the team with the company names if you wish to keep it off the main forum.

PKea

[Guest]

Re: newbie

Pkea

Its not ID theft and I dont want to start scanning letters etc onto a forum, I appreciate your help, but at the moment I am looking for advise regarding untruths on my wife credit file, is there a case for libel for the untruths.

Cheers Spark

"libel is...the (written or published) communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual...a negative image.

Defenses: Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief." (Wikipedia)

If one had made representations to the CRA that the statements were not true, it will be less reasonable for the CRA to publish them. Depending on the quality of evidence, it could be anything up to totally unreasonable for CRA to continue to publish.

So yes - maybe.