Incorrect Data Entry by CRA

[Rico]

Re: Incorrect Data Entry by CRA

If a credit marker is wrongly placed, the person only finds out about it when he applies for credit, it has no damaging effect other than at that time.

A wrongly placed marker does damage as soon as it is seen by anyone other than the victim.

For example, one can be refused insurance, cheaper energy or even employment without realising the cause.

There must be worse examples too.

CRA's shouldn't blindly annihilate folks creditworthiness. Some damage can't be undone.

[wales01man]

Re: Incorrect Data Entry by CRA

Cannot see the system will ever change who cares what CRA holds until they check or are turned down for credit. Its a money making business I expect the DCAs are shareholders or their Directors are.
to end all arguments this needs to go to a Judge for a ruling

[Sparkie1723]

Re: Incorrect Data Entry by CRA

You can all take this as a fact.......
1. Every month lenders and financial instutions access CRA credit files data bases and carry out what is called a CM search, ( Credit Mangement searches.)

2. These searches are not shown on a persons credit file for reason a credit file would be too large to be kept.

3. They are recorded deep in the Data base system of the CRA's, but the CRA's or lenders do not want you to know this.

4. I obtained the evidence of this way back in 2008, I can produce this evidence should ANYONE doubt this. Nat West Bank searched my credit file under this type of search.

5. I had never had any relationship dealings or made any credit applications with the Nat West or any subsidiary company of the Nat West. They even denied they had

6. This one of the ways the financial industry can easily view a credit file without the person knowing anything about it, and how they can obtain all the info on your file and keep a record of it.

7. Since I discovered that Black Horse had also carried out a CM search of my credit file twice without my knowledge or consent from a computer terminal they had not used for 3 years and when challenged about it stated.... that they did not know who made the search and could not tell why it was searched or what information had been obtained.
But I will more likely than not be told I am rambling again
Sparkie

[Guest]

Re: Incorrect Data Entry by CRA

Cannot see the system will ever change who cares what CRA holds until they check or are turned down for credit. Its a money making business I expect the DCAs are shareholders or their Directors are.
to end all arguments this needs to go to a Judge for a ruling

There have already been rulings Wales, Smeaton directly addressed the issue of CRAs and distinguished king and K, then there was Haliday all of which are precedent setting cases in English and Eu courts, there is no getting around the provisions of the DPA unfortunately.

Unfortunately there has to be a provable loss, the supreme court hearing in Durkin was useful in the respect that it was made clear that a defective marker must be promptly removed when they are notified, but that is all, there is no sanction for just placing the marker it must be shown to cause loss, it does make sense unfortunately.

[Guest]

Re: Incorrect Data Entry by CRA

You can all take this as a fact.......
1. Every month lenders and financial instutions access CRA credit files data bases and carry out what is called a CM search, ( Credit Mangement searches.)

2. These searches are not shown on a persons credit file for reason a credit file would be too large to be kept.

3. They are recorded deep in the Data base system of the CRA's, but the CRA's or lenders do not want you to know this.

4. I obtained the evidence of this way back in 2008, I can produce this evidence should ANYONE doubt this. Nat West Bank searched my credit file under this type of search.

5. I had never had any relationship dealings or made any credit applications with the Nat West or any subsidiary company of the Nat West. They even denied they had

6. This one of the ways the financial industry can easily view a credit file without the person knowing anything about it, and how they can obtain all the info on your file and keep a record of it.

7. Since I discovered that Black Horse had also carried out a CM search of my credit file twice without my knowledge or consent from a computer terminal they had not used for 3 years and when challenged about it stated.... that they did not know who made the search and could not tell why it was searched or what information had been obtained.
But I will more likely than not be told I am rambling again
Sparkie

Not at all, but unless there is some action taken on their search which effects the data subject there are no damages, I suppose there could be cause for an action in defamation, but that is a whole new ballgame.

[ncf355]

Re: Incorrect Data Entry by CRA

...It distinguished the situation where a check is returned, and the possible effect on trade of a reputation for bouncing checks, to the situation where a credit marker once removed would give no indication to future lenders of any earlier problem, and therefor the earlier error would have little or no ongoing effect on the subjects creditably.

This would of course be unlikely to be the case

If someone discovers an error on their credit file at the point of applying, the search made by that creditor (for the new application) would remain on the file, but no credit would be granted where a Default was present

Even if the offending Creditor then removed the erroneous Default, the search made by the new, potential creditor would remain as they would rightfully consider it to be accurate at the time the search was made

So, ongoing damage would exist, albeit on a much smaller scale



For another one to throw in the pot, how about this.................

(This is based on direct, personal and current experience BTW)

A creditor comes to a formal agreement with a debtor via a court sealed Tomlin agreement that a Default is to be removed due to the date of the Default entered being later than that of the actual Default on the account, along with various other parts to the same Tomlin.


That Creditor then, some 2 months after the Tomlin is signed and sealed returns the Default to the CRA files with the original, incorrect Default registered prior to the Tomlin

Debtor becomes aware via the CRA's own alerting systems -

So, if in theory the Creditor then acts promptly to once more remove the Default once the Debtor notifies him of the mistake, you believe that there is no recourse available for this infringement, as there has been no actual loss suffered?

IF (notice IF Andy, I don't know your position on this one yet so don't want to put words into your mouth :-) you believe this to be the case, at what point would you say damages should be paid?

How many times should a creditor be allowed to reinsert an entry he has already agreed to remove?



The above, as I said, is a ongoing experience of mine


I also have a very similar incident where another creditor had agreed to remove data prior to court action and then reinserted and removed the offending data on no less than 3 occasions across a 6 month period


Surely a individual should be entitled to damages , even without proof of actual loss?

It is not always possible to show actual monetary loss, even where damage has been caused - if I wish to apply for a credit card to go on a once in a lifetime cruise, should I not be able to do that without fear of some creditor/DCA who fails to have proper control over their data (and worse still, ignores issues even when stark, clear evidence is provided) preventing this?

And if they have prevent this access to normal credit, should they not be liable for at least some damage?

[Thandabird]

Re: Incorrect Data Entry by CRA

Well, Some of you may or may not have experienced what some of us under went. For example, the bank confirms verbally that for them to upgrade a basic cash card account, to full current account, information from the CRA is taken into account however their system is not designed to keep record of such search or information where the upgrade failed.

For one particular bank, this process is only done at a branch and if one is successful, then the account is upgraded which is the evidence but none successful once get deleted automatically from their systems. How does one proof the damage without any evidence then. I think it would be right that their are different levels of damages.

Surely above scenario will have caused real tangible damage as the upgrade failed but because there is no evidence. Should not be considered then?

What I am saying is that any wrong maker causes damage to one's credit file much as it may not be possible to prove it and I think that is the point which needs clarifying. Only the Judge can do that.

TB

[Guest]

Re: Incorrect Data Entry by CRA

Well, Some of you may or may not have experienced what some of us under went. For example, the bank confirms verbally that for them to upgrade a basic cash card account, to full current account, information from the CRA is taken into account however their system is not designed to keep record of such search or information where the upgrade failed.

For one particular bank, this process is only done at a branch and if one is successful, then the account is upgraded which is the evidence but none successful once get deleted automatically from their systems. How does one proof the damage without any evidence then. I think it would be right that their are different levels of damages.

Surely above scenario will have caused real tangible damage as the upgrade failed but because there is no evidence. Should not be considered then?

What I am saying is that any wrong maker causes damage to one's credit file much as it may not be possible to prove it and I think that is the point which needs clarifying. Only the Judge can do that.

TB

Yes but in such a case you would be talking about specific as opposed to general or unsubstantiated damages. All you would have to do would be to prove thee to pass the section 13 test.

[Rico]

Re: Incorrect Data Entry by CRA

There have already been rulings Wales, Smeaton directly addressed the issue of CRAs and distinguished king and K, then there was Haliday all of which are precedent setting cases in English and Eu courts, there is no getting around the provisions of the DPA unfortunately.

I avoided the DPA. I was awarded general damages for the mere injury to credit (No proof required)

Is it possible that the judges in Smeaton and Haliday weren't minded to help the victims and society as a whole?

Perhaps they were just blinded by the intricacies of the DPA and common law conveniently fell by the wayside.

To rule my case out as "Scottish" seems rather tame after I've made the effort to have things ratified in London.

[Sparkie1723]

Re: Incorrect Data Entry by CRA

Posted by Thandabird,
"Well, Some of you may or may not have experienced what some of us under went. For example, the bank confirms verbally that for them to upgrade a basic cash card account, to full current account, information from the CRA is taken into account however their system is not designed to keep record of such search or information where the upgrade failed."

This is an example of the CM search method I posted about.....where the banl did not tell the truth is that they do keep a record of the search and all the info on your credit file........this is all kept on a banks central data base for EVER.

Sparkie

[Guest]

Re: Incorrect Data Entry by CRA

I avoided the DPA. I was awarded general damages for the mere injury to credit (No proof required)

Is it possible that the judges in Smeaton and Haliday weren't minded to help the victims and society as a whole?

Perhaps they were just blinded by the intricacies of the DPA and common law conveniently fell by the wayside.

To rule my case out as "Scottish" seems rather tame after I've made the effort to have things ratified in London.

Right or wrong they are setting legal precedent, to say that a court will rust ignore these judges and the DPA is just foolish I am afraid.

It is a case of dealing with things as they are rather than as you would like them to be

[Guest]

Re: Incorrect Data Entry by CRA

The matter of concurrent common law duty is addressed quite comprehensively here :

1. "The question of whether the order can have generated a duty of care is comparable with the question of whether a statutory duty can generate a common law duty of care. The answer is that it cannot: see Gorringe v Calderdale Metropolitan Borough Council [2004] 1 WLR 1057. The statute either creates a statutory duty or it does not (that is not to say, as I have already mentioned, that conduct undertaken pursuant to a statutory duty cannot generate a duty of care in the same was as the same conduct undertaken voluntarily). But you cannot derive a common law duty of care directly from a statutory duty."

[Rico]

Re: Incorrect Data Entry by CRA

The Supreme Court said last year that there is a common law duty not to annihilate victims creditwothiness without checking first.

It made that ruling as a matter of common sense rather than as a derivative of statutory duty.

Simples!

Surely that trumps everything?

[spirit2534]

Re: Incorrect Data Entry by CRA

Wouldn't it be nice if CRA's were to check data that will annihilate a victims creditworthiness rather than just publish it?

£100 punishment for not doing so, seems tame.

£10K might shake things up....

50K would be a greater warning, espoecially if the victim had alerted the CRA to the inaccuracy.:sorry:

[nemesis45]

Re: Incorrect Data Entry by CRA

I have yet to see anyone, company, individual with a beef regarding inaccurate data on CRA file suggest and actual viable way the CRA's could reasonably check every item of data submitted to them.