Incorrect Data Entry by CRA

[Thandabird]

Hello everyone. I need some help with dealing with CRA incorrect data entry please. Basically, I had a CCJ in late 90's and managed to set it aside in 2000. CRA were informed but one of them did not remove the entry until I challenged them this year after checking my credit report. They accepted processing inaccurate data but offered nothing. I wrote to them requesting for compensation in general damages as per the recent Supreme Court ruling in Durkin v DSG & HFC. general damages.

Bellow is their response.

It states that in order to be considered for actual financial loss as a direct result of their failure to update the judgment,
I need to provide documentary or supporting evidence which details the losses suffered.

Alternatively, they can consider it on a non-financial loss basis in recognition of not carrying out the amendment when instructed to do so.

For this they need some additional information of how this has affected me
so that they can make an assessment in line with the guidance of the Financial Ombudsman Service,
which is something fos themselves would require if I wanted to take it up with them directly to arbitrate on my behalf, they said.

Not sure of how to respond and would very much appreciate any suggestion or guidance as to how to address the above issues.

Thanks TB

[nemesis45]

Re: Incorrect Data Entry by CRA

To achieve compensation you need to show actual loss: Para 1: is correct
A non financial basis: Failing to carryout the amendment: This could be because the RT had not informed the CRA of any change/amendment necessary, therefore the agency had no reason to amend. The agency would seek confirmation from RT on the status of the case/claim before amending.
Has there been cause sufficient for a court to order damages for defamation or similar cause.

Basically prove actual loss/damage to standing/ reputation.

I would suggest allowing FOS to arbitrate on this.

[Thandabird]

Re: Incorrect Data Entry by CRA

To achieve compensation you need to show actual loss: Para 1: is correct
A non financial basis: Failing to carryout the amendment: This could be because the RT had not informed the CRA of any change/amendment necessary, therefore the agency had no reason to amend. The agency would seek confirmation from RT on the status of the case/claim before amending.
Has there been cause sufficient for a court to order damages for defamation or similar cause.

Basically prove actual loss/damage to standing/ reputation.

I would suggest allowing FOS to arbitrate on this.

Hi NM,

Thank you for you quick response. All the CRA were informed but one of them for whatever reason, did not amend their entry. As for the first part I can not have any prove but surely for the second part there may be cause as this lasted for a whole 4 years. I was hoping that there was a quicker way to resolve it than to go the FOS route. AS for incorrect information, there is no dispute. Do you think is worth writing back to them requesting them to consider it under part two?

Thanks for your help.
TB

[Thandabird]

Re: Incorrect Data Entry by CRA

Just wondering what sort of proof will be required if I were to go for the non financial. Any thoughts on this please. I need you help please as I need to respond.
Thanks TB

[nemesis45]

Re: Incorrect Data Entry by CRA

Hi, When did you discover the error?
I seen a more than a few of " compensation" claims due to errors such as this and the key question has been in all of them " when did you become aware of the alleged error?"
It has been the downfall o of such cases when the " data subject" has not checked the credit files for a considerable time.

This has been brought up especially when there has been a situation like yours and such cases have failed to achieve the aim of compensation.

Please clarify who notified the CRA's of the change of status of the file and is there proof that all the agencies were informed.

As soon as get a chance I'll try and find some of my old notes on such matters.
Nem.

[Thandabird]

Re: Incorrect Data Entry by CRA

Hi, When did you discover the error?
I seen a more than a few of " compensation" claims due to errors such as this and the key question has been in all of them " when did you become aware of the alleged error?"
It has been the downfall o of such cases when the " data subject" has not checked the credit files for a considerable time.

This has been brought up especially when there has been a situation like yours and such cases have failed to achieve the aim of compensation.

Please clarify who notified the CRA's of the change of status of the file and is there proof that all the agencies were informed.

As soon as get a chance I'll try and find some of my old notes on such matters.
Nem.

Hi Nem,

Sorry about the delay in getting back to answer your questions.

Yes, all the CRA's were informed by Registry Trust and that has been confirmed in writing to me by both the court and Trust Registry. As I stated in my previous post, there is no dispute about the incorrect entry. The CRA in question did accept that they failed to amend their record despite getting update to do so. They confirmed this in writing too. They have accepted full liability in other-words.

As to when I found out the entry, that was this year.

Thanks
TB

[nemesis45]

Re: Incorrect Data Entry by CRA

Hi TB,

Strange this is what I expected, the cases I referred to earlier were all where files had not been up dated after various " incidents" and
the data subject had not checked their CRA files for periods varying from a few months to some years.

The view of the agencies seems to be if you didn't notice that there was an error it's doing no harm.
These were most dealt with by " letters before action" advising them that a claim for compensation was to be made if there was not a reasonable offer of redress forthcoming.

nem

[Thandabird]

Re: Incorrect Data Entry by CRA

Hi TB,

Strange this is what I expected, the cases I referred to earlier were all where files had not been up dated after various " incidents" and
the data subject had not checked their CRA files for periods varying from a few months to some years.

The view of the agencies seems to be if you didn't notice that there was an error it's doing no harm.
These were most dealt with by " letters before action" advising them that a claim for compensation was to be made if there was not a reasonable offer of redress forthcoming.

nem

Hi Nem,

Thanks for that. So what do you suggest in this case. Does it mean that I have no case?
I take it that the cases you mentioned were not compensated.

Thanks
TB

[nemesis45]

Re: Incorrect Data Entry by CRA

2-out of 5 achieved redress, these were the ones where is data subject became aware of the error within a couple of months, it's the delay that causes the " it's up to you to check the files for errors" attitude.
If you have tangible proof of the entry causing you loss e.g. refusal of a credit card at standard rates/ declined a loan etc., there is more chance of redress.
If you use the " letter before action" approach you must be prepared to follow it through to issue of a claim, so it's a case of weighing up the costs/ compensation scenario and what our expectations are in regard of the amount you want.

[Thandabird]

Re: Incorrect Data Entry by CRA

2-out of 5 achieved redress, these were the ones where is data subject became aware of the error within a couple of months, it's the delay that causes the " it's up to you to check the files for errors" attitude.
If you have tangible proof of the entry causing you loss e.g. refusal of a credit card at standard rates/ declined a loan etc., there is more chance of redress.
If you use the " letter before action" approach you must be prepared to follow it through to issue of a claim, so it's a case of weighing up the costs/ compensation scenario and what our expectations are in regard of the amount you want.

Hi Nem,

Thanks again for that. I am prepared to see it through because I believe what they did was wrong and if it progresses to court, I hope the court will agree with me.
Going back to the how long it took for me to realize, I did not check my file until 2014 but I think it will be wrong again of them to use that as an excuse to deny me compensation besides it is with 6 years. For that reason if they refuse then I will go to court. I had a read at Mr. Durkins case and from my understanding, general damage was awarded without any proof. So I have written back to them highlighting the same and asking them to consider it on a non financial basis.

I do not know what their response will be but if it is negative then a LBA will go out.
Don't you think this is reasonable?

Thanks
Dot

[nemesis45]

Re: Incorrect Data Entry by CRA

Yes certainly reasonable!
Please keep us up to date on developments.

[Thandabird]

Re: Incorrect Data Entry by CRA

Yes certainly reasonable!
Please keep us up to date on developments.

Certainly I will.

Thanks
TB

[Sparkie1723]

Re: Incorrect Data Entry by CRA

To achieve compensation you need to show actual loss: Para 1: is correct
A non financial basis: Failing to carryout the amendment: This could be because the RT had not informed the CRA of any change/amendment necessary, therefore the agency had no reason to amend. The agency would seek confirmation from RT on the status of the case/claim before amending.
Has there been cause sufficient for a court to order damages for defamation or similar cause.

Basically prove actual loss/damage to standing/ reputation.

I would suggest allowing FOS to arbitrate on this.

Sorry I must disagree....... See Our Appeal Court Ruling 30th Oct 2014 and use that in your dispute with the CRA's......Grace & anthr V Black Horse Ltd especially study para 38 and what it really means and the first sentence in para 42.

Sparkie

[Thandabird]

Re: Incorrect Data Entry by CRA

Sorry I must disagree....... See Our Appeal Court Ruling 30th Oct 2014 and use that in your dispute with the CRA's......Grace & anthr V Black Horse Ltd especially study para 38 and what it really means and the first sentence in para 42.

Sparkie

Hi Sparkie,

Thanks for dropping in. I will take a look at the case and come back.
Thanks

TB

[Sparkie1723]

Re: Incorrect Data Entry by CRA

Here are copies of letters our MP Andrew Miller has written......the one to the ICO is straight to the point. The guidance given to the CRA's and the lending industry will be updated soon I think Andrew Miller helped draft the 1998 DPA. Hope these help you I think they should
Sparkie