Incorrect Data Entry by CRA

[Guest]

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.

They cant of course, this is why unsubstantiated losses are not possible, this was discussed in smeaton also.
It is all very well fantasizing about what people think should be, the problem arises when some take these ideas to court.

1. "(1) It is doubtful whether it was reasonably foreseeable that the recording of incorrect data on Mr Smeaton's credit reference would cause him any loss, having regard to the practices operated by the credit industry set out in the Guide to Credit Scoring 2000. A person whose credit application was rejected because of adverse CRA data would be told of that fact and would be entitled to take steps to correct (or dispute) that data and to require the lender to reconsider the application for credit having regard to further, correcting information provided by the applicant.
   (2) It would also not be fair, just or reasonable to impose a duty. In particular, imposing a duty owed to members of the public generally would potentially give rise to an indeterminate liability to an indeterminate class.
   (3) It would also be otiose given that the DPA provides a detailed code for determining the civil liability of CRAs and other data controllers arising out of the improper processing of data.

[nemesis45]

Re: Incorrect Data Entry by CRA

I can't see that we will ever convince the " compensation" for everything disagreed with that it is Not going to happen just because they think it should.

[ncf355]

Re: Incorrect Data Entry by CRA

This is one of the points I can agree with you (Nem and A58 ) on

I also believe it would be near on impossible for them to carry out checks to this agree

However, my agreement comes with a twist (surprise!)

When the CRA's are informed the data is inaccurate, and provided clear evidence of the same, I do not consider (regardless of what the law may say, this is purely my own view) it reasonable for the CRA to just state 'we cannot remove the data until the creditor agrees'

I think (if memory serves me correctly?) this is where Smeaton differed

He went for Equifax jugular on the belief they should check all data meticuously, when clearly they cannot be expected to do this

But where someone provides them with clear evidence, but the lender disagrees, I don't believe a notice of correction 'the detail of this account has been questioned by the data subject' or similar is adequate, as the auto processing most creditors use to assess an application takes no notice of this.

On many occasions I have had the lender tell Equifax/Experian etc to get me to contact them (when i already have, to no avail) and Equifax/Experian etc then replace the offending data without a correction note claiming that is the end of their responsibility - I do not believe this is right.

[Guest]

Re: Incorrect Data Entry by CRA

Yes it is problematic, in smeaton it was the technicalities of a bankruptcy issue.
But it is a problem, it would be easy for anyone of us to contact a CRA and say that this entry is wrong, even if it wasn't, the only way to find out is to contact the lender.

I agree that once proof is given there should be some kind of statutory time scale for correcting the record, and if not some form of award should be due, irrespective of proof of damages .