Help with Kensington mortgages

[Nibbler]

Re: Help with Kensington mortgages

To me it reads Get stuffed we will do what we want and ICO suggests OP gets advice for possible Legal remedy Some help

Long and short of it, yes.

[Gettingolder]

Re: Help with Kensington mortgages

I won't be claiming for damages, I just want the entry off my credit file. I will get started on it now

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That's how I feel, the FOS have said they can not help and the ICO have said that they can not make them change the entry on my file. The only option seems to be court.

[Amethyst]

Re: Help with Kensington mortgages

I, personally, would get together your evidence and letters - ie. wait for the formal written response from the ICO and Kensington and take it to the FOS. If the FOS rule in your favour then it IS legally binding. If they can't ( because it's a CRA issue ) then you could take it to court.

You have approx 1 year of false reporting (according to the ICO timelines) so you could look at wrongful default damages for that... I know that's not what you are after but if you claim it it gives you something to drop in negotiation in return for the default being removed ( and potentially the shortfall balance wiped as part of the settlement ?)

Just thinking on tactics - but I would certainly be waiting till you have all the final decisions first.

[Nibbler]

Re: Help with Kensington mortgages

I won't be claiming for damages, I just want the entry off my credit file. I will get started on it now

I would perhaps hang on for some help from people who have or might have some experience in how to formulate such a claim under the DPA.

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I, personally, would get together your evidence and letters - ie. wait for the formal written response from the ICO and Kensington and take it to the FOS. If the FOS rule in your favour then it IS legally binding. If they can't ( because it's a CRA issue ) then you could take it to court. .

From their MSE thread

By the way, I have already contacted the FOS. They informed me that there is no much they can do without a signature from my ex, I am no longer in contact with her and have no means to contact her. I think my only option would be to take the matter to court.

[Amethyst]

Re: Help with Kensington mortgages

Is it a joint loan then, and the default is on both of your files?

You wouldn't be able to bring court action without her either.

Tagging [MENTION=551]pt2537[/MENTION] as he knows far more about reporting and wrongful defaults in a court context.

[Gettingolder]

Re: Help with Kensington mortgages

Thanks amethyst and nibbler, I will wait until I receive the letters in the post. I had never really thought about damages, but you are right, I may be able to use it as leverage.

[Gettingolder]

Re: Help with Kensington mortgages

Yes it was a joint loan. I would assume that the same thing is happening to her as well. The ICO were happy to look at it as it was my personal information that was being reported wrong.

[Nibbler]

Re: Help with Kensington mortgages

The Way I see it, the wrong adverse info has been on your file for a least a year longer than it should have been, as it should have come off early 2015 if it had been defaulted correctly.

[Amethyst]

Re: Help with Kensington mortgages

When you get the letters from ICO and Kensington pop them up here and it'll be much clearer as to what your options are xxxx

[Nibbler]

Re: Help with Kensington mortgages

Yes it was a joint loan. I would assume that the same thing is happening to her as well. The ICO were happy to look at it as it was my personal information that was being reported wrong.

Yes, so I myself can't see why the FOS or court could not treat it that way as well.

The cause of action or complaint is about your personal credit file and how it is being reported, and not anyone else's.

[Sparkie1723]

Re: Help with Kensington mortgages

The good news is that the ICO have ruled in my favour. What options do I have if they refuse to update my credit file?

Hullo Gettingolder,
Can you post the ICO's assessment and remove any personal information...................We should be able to assist a little more when we know exactly what the ICO made the assessment on
Sparkie

[Nibbler]

Re: Help with Kensington mortgages

Tagging @pt2537 as he knows far more about reporting and wrongful defaults in a court context.

Good idea.

Gettingolder: This is the [MENTION=551]pt2537[/MENTION] that Ame refers to

https://consumercreditlitigationandd...-for-the-case/

as you can see from that, he has a small amount of experience in such things.

[Gettingolder]

Re: Help with Kensington mortgages

I will post the letters as soon as they arrive.

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Hi sparkie,

This is the email the ICO sent me:


I write further to my previous correspondence of 4 February, about Kensington.

You raised concern that Kensington is reporting to credit reference agencies inaccurate information. You are concerned that the account information provided to credit reference agencies has shown your account to be six months in arrears since 2009, and believe instead the account should have been placed in default in early 2009.

In light of the supporting information you have provided and Kensington’s recent correspondence I consider that it is unlikely that Kensington has complied with the fourth principle of the DPA in this instance.

My assessment is made on the basis that as your final payment was made to Kensington in December 2008, I consider that Kensington should have identified and recorded on your credit report file that the relationship had broken down in early 2009, and that this should have been reflected in your account being placed into default.

I will write to Kensington to inform it of my assessment decision and ask it to reconsider how it reports the credit status of the account. I will also ask it to send you written confirmation of what action it has or intends to take on the basis of my assessment decision.

It should be noted that my assessment decision does not relate to whether money is owed to Kensington, instead it relates to the continued reporting of the outstanding monies owed to credit reference agencies which I consider to be incorrect.

Most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. Although we are not taking regulatory action at this time, I will also ask Kensington to consider the information I provide it in order to enable it to prevent this situation from happening again.

We will keep a record of your complaint and take this assessment decision into account if we receive further complaints about Kensington.

The information we gather from complaints may form the basis for action in the future.

Please be aware however that only a Court possesses the power to order organisations to amend or remove personal information held about individuals.

If Kensington refuses to amend the personal information which we regard to be incorrect you may wish to consider seeking legal advice about taking this issue to Court.

[spirit2534]

Re: Help with Kensington mortgages

I will post the letters as soon as they arrive.

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Hi sparkie,

This is the email the ICO sent me:


I write further to my previous correspondence of 4 February, about Kensington.

You raised concern that Kensington is reporting to credit reference agencies inaccurate information. You are concerned that the account information provided to credit reference agencies has shown your account to be six months in arrears since 2009, and believe instead the account should have been placed in default in early 2009.

In light of the supporting information you have provided and Kensington’s recent correspondence I consider that it is unlikely that Kensington has complied with the fourth principle of the DPA in this instance.

My assessment is made on the basis that as your final payment was made to Kensington in December 2008, I consider that Kensington should have identified and recorded on your credit report file that the relationship had broken down in early 2009, and that this should have been reflected in your account being placed into default.

I will write to Kensington to inform it of my assessment decision and ask it to reconsider how it reports the credit status of the account. I will also ask it to send you written confirmation of what action it has or intends to take on the basis of my assessment decision.

It should be noted that my assessment decision does not relate to whether money is owed to Kensington, instead it relates to the continued reporting of the outstanding monies owed to credit reference agencies which I consider to be incorrect.

Most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. Although we are not taking regulatory action at this time, I will also ask Kensington to consider the information I provide it in order to enable it to prevent this situation from happening again.

We will keep a record of your complaint and take this assessment decision into account if we receive further complaints about Kensington.

The information we gather from complaints may form the basis for action in the future.

Please be aware however that only a Court possesses the power to order organisations to amend or remove personal information held about individuals.

If Kensington refuses to amend the personal information which we regard to be incorrect you may wish to consider seeking legal advice about taking this issue to Court.

Having looked through the thread, I am wondering why Kensington are taking the stance that they are.
Since they have referred several times to the outstanding balance, I suspected that they are angling for the o/s balance to be paid even though it appears that they can't get this by "legal means"
Similar I suppose to a DCA attempting to get payment when they don't have the paperwork required by CCA.

Just a few pennyworth!

[Nibbler]

Re: Help with Kensington mortgages

It is no doubt that they are being stroppy aholes because they are owed money, and this is one way to get revenge forever until paid.