Help with CRA issue please.

[Thandabird]

Hi everyone,

I will try and make it as short as possible. I hope this is the right section as I could not find the exact place to post my issue.

Well, in late 90's I ran into some financial difficulties which resulted into a CCJ by a company which bought the debt from the original lender. I managed to get the CCJ set aside in 2010. Unfortunately, this was not communicated by the Court to the Trust Registry. Which led to Trust Registry not communicating to the CRAs. I only discovered this late this year and raised issues with CRAs and contacted both court and the Trust too. The court confirmed that the order was not communicated at the time when the judgement was set aside but they were going to do that immediately. Which was done. After providing evidences to the CRAs, two agreed and removed the entry but one refused that until they received a confirmation from the registry.
The trust informed them on 15 Sept 14 and they did not remove the entry until 13 Oct 14. I wrote and asked them for compensation but they said they removed the entry within the required time scale much as they agreed that it could have been removed earlier.
They went on to say that from the time they were informed, according to their record, no credit search was carried out using their system. Therefore, if I was denied any credit then the decision was not made base on the information they held on me at the time. They will only consider my request if I can provide proof.
I have completed the internal complaint procedures and they said if I am not happy I can refer to Ombudsman.

I am just wondering if there is anything else I can do.
I also wanted to find out if there is anything I can do regarding the courts mistake.

You help and advise is very much appreciated and sorry for making it very long.

Thanks

[Kafka]

Re: Help with CRA issue please.

Just to be clear...

Has the entry been completely removed now and the dispute is just about compensation?

[Thandabird]

Re: Help with CRA issue please.

Just to be clear...

Has the entry been completely removed now and the dispute is just about compensation?

Hi Kafka and thanks for responding.
Yes, all the entries are now removed the issue outstanding is compensation. I did write to them siting Durkin's case but as I stated above, they have rejected my case. Do you think I have a case or not?

Thanks

[nemesis45]

Re: Help with CRA issue please.

Hi Thandabird,
To get " compensation you will need to prove actual loss if any.
You discovered late this year that the information had not been passed on, di you not check credit reference files after the set aside? This will undoubtedly compromise any claim for redress after 4 years.

If you want to make a complaint in regard to the courts actions you must make a Formal Complaint to HMCTS.

[Thandabird]

Re: Help with CRA issue please.

Hi Thandabird,
To get " compensation you will need to prove actual loss if any.
You discovered late this year that the information had not been passed on, di you not check credit reference files after the set aside? This will undoubtedly compromise any claim for redress after 4 years.

If you want to make a complaint in regard to the courts actions you must make a Formal Complaint to HMCTS.

Hi nemeses,

Thanks for your reply.
I did not check my file after the set aside because I thought it would be done automatically. Of course, I was wrong as it has now turned out.
I am considering taking it up with the court. Do you think it wort it?

Thanks

[Thandabird]

Re: Help with CRA issue please.

So, I take it that in regards to the CRA, unless I can provide prove, I should forget about it. Is that so?

[Thandabird]

Re: Help with CRA issue please.

Has anyone had a similar experience the with court before? If so how was it dealt with and the outcome.
Do I also need to provide prove?
I just need to be sure that I am doing the right thing and if it is not worth it then may be I do not waste time.


Thanks

[nemesis45]

Re: Help with CRA issue please.

Has anyone had a similar experience the with court before? If so how was it dealt with and the outcome.
Do I also need to provide prove?
I just need to be sure that I am doing the right thing and if it is not worth it then may be I do not waste time.


Thanks

#

As the CRAs can only show data that is passed to them and act upon in good faith there is nothing to hold them responsible for.

HMCTS is the body failing to provide data to the Registry Trust which therefore could not disseminate the data to the CRA's so the way forward is to complain to HMCTS as the starter of this problem.
If you go down the Formal Complaint route, be clear in what has happened and any consequences of the failure to pass on the data, and what remedy you are seeking.

[Thandabird]

Re: Help with CRA issue please.

#

As the CRAs can only show data that is passed to them and act upon in good faith there is nothing to hold them responsible for.

HMCTS is the body failing to provide data to the Registry Trust which therefore could not disseminate the data to the CRA's so the way forward is to complain to HMCTS as the starter of this problem.
If you go down the Formal Complaint route, be clear in what has happened and any consequences of the failure to pass on the data, and what remedy you are seeking.

Hi nemesis,

Thanks for coming back. I really appreciate your help. Below is the letter I drafted to send to HMCT, Could you please have a look at it for me. Is there anything I have missed?

Dear Sir/madam,

Re; Claim No…..

I write in reference to the above claim which was set aside in March 2011 but that order was never communicated to the Trust and subsequently to the Credit Reference Agencies which led to holding the adverse entry on my Credit file for about 4 years. I checked my credit file in September 2014 and discovered that all the Credit reference Agencies had CCJ entry on my credit file and I was informed that there had not been any communication from the Registry regarding the entry. I contacted Registry and they confirmed that they had not heard from the court about the order. I then contacted the court and was told that it had not been communicated but will be done. Indeed that was done but it took four years for it to happen. I would like to make an official complaint and would like to request that the matter is investigated. I need an explanation as to how and why it happened. I am would also like to request for a compensation as I am sure you will appreciate that apart from causing me stress, this entry has made me missed out on various deals.

I look forward to hearing from you at the earliest opportunity.

Thanks

[nemesis45]

Re: Help with CRA issue please.

That's fine, just a recommendation though as well as the claim No. state the claimants name and the court through which the judgement was made.

Good luck,
nem.

[Thandabird]

Re: Help with CRA issue please.

That's fine, just a recommendation though as well as the claim No. state the claimants name and the court through which the judgement was made.

Good luck,
nem.

Thanks nem,

I will include all those details. I spoke to my local court this afternoon where the set aside hearing took place and they said I should send it to them and the manager will have a look at it. I will post update as and when there is one.

Thanks again.

[nemesis45]

Re: Help with CRA issue please.

Thanks nem,

I will include all those details. I spoke to my local court this afternoon where the set aside hearing took place and they said I should send it to them and the manager will have a look at it. I will post update as and when there is one.

Thanks again.

Happy to help!!
nem.