Creditor inaccurate entry - Default

[KyloRen]

Hi,

I'm sorry if this is in the wrong section, but I have an issue I'm currently dealing with.

I have a twin brother our first names and surnames are the same but middle names different. I recently signed up to my credit report only to see, two credit agreements which do not belong to me (the entry is from an address I did not live at)

The issue is the CRA are having an issue separating the data as those two entries is what's linking me and my brother. So I raised a dispute to ask the creditors to amend the middle name they both asked the customer to contact them. In this instance I forwarded the information to my brother, he's contacted both companies accepting the accounts as his and sending them his documents.

Nearly four weeks and nothing has been done, these negative entries are recent and having a negative impact on my credit report. I have made many calls along with sending emails and letters.

Surely I should have some legal stand against this? The CRA provided me with an email the creditors can contact them directly on to make the amendments but so far nothing.

How do I go about this?

Thank you.

[R0b]

Re: Creditor inaccurate entry - Default

Hello,

Have the creditors accepted that the agreements belong to your brother? When you have called them, what have they said about removing the information?

If you are certain that the agreements are not in your name and your brother has accepted them as his, then the next step is to either make a formal complaint which could take up to another 8 weeks or you could send a letter before action threating to take them to court for breach of data protection. If you go down the latter route then make sure you follow it through and not make hollow threats.

A letter before action should be sent to the company's registered office address and ensure it is headed as letter before action, you are more likely to get a response then.

[KyloRen]

Re: Creditor inaccurate entry - Default

The creditors have accepted the accounts are my twin brothers as they both supplied him with one account in his full name at his address and then a second account with only the first name and last name. (Not sure why they would do that)

I never lived at the address, as me and my brother have lived in separate locations for over 5 years.

The CRA has raised the dispute with the creditor and that the creditor only needs to confirm the middle name to the account, which will resolve the issue but it's been ongoing for over a month now.

A letter before action, would that be me outlining what exactly?

My point in this matter is the creditor by law is not allowed to do this right? As it's not just a matter of dispute but my brother has called and written to both creditors accepting both accounts, this should have been corrected immediately.

One creditor replied by asking me to send them my full details, name, dob and current address which I refused to as I haven't entered into any agreement with them and in no way am I obliged to, as above my brother has called and written to accept these accounts. The CRA has even provided me with direct email address to ask the creditors authorised signatory to email the CRA confirming the middle name.

Thank you.

[R0b]

Re: Creditor inaccurate entry - Default

If the creditor is slow in taking action which is affecting your credit file then the fastest way to make them move would be the threat of legal action - do you wish to share who this creditor is?
The breach of data is Principle 4 of the DPA which is keeping data accurate and up to date.

As for the LBA, you will probably want to set it out in the following way, use subheading if necessary:

1. Heading: "Letter Before Action: Breach of Principle 4 under the Data Protection Act 1998"

2. Background: give some background information as to how this has come about

3. Action required: What you want them to do to rectify the problem. This is where you tell them to remove the inaccurate data within 7 days (usually 14 but since they have already been given ample time 7 would suffice) or you will commence
legal proceedings without further notice.

Something else to consider is require them to sign an undertaking that the inaccurate information has been removed and that they will not record the inaccurate information again. The courts do consider a breach of an undertaking as serious and so if they were to breach the undertaking then it is possible for you to take them to court again and the court to sanction them by way of harsher damages.

You might also want to consider mentioning a reasonable sum of compensation for distress and inconvenience but I don't think you would get anything more than £200 - £300 as damages if you went to court, unless it has had a knock on effect such as being unable to obtain credit and you have made them aware of it.

4. Enclose copies of evidence you are going to rely on in court: You should send them any relevant information that will support your claim in court, such as the creditor accepting that your brother is the correct party to the agreement and your brother confirming that the agreement relates to you.

The above is not exhaustive but to give you a starting point on what to write. If you want to post up a draft at some point I am happy to look it over and I'm sure others will contribute too

[KyloRen]

Re: Creditor inaccurate entry - Default

The creditor is Three (3G UK) and BT Consumer. BT have outright ignored everything. Contacting BT via phone is a joke and the customer service don't do anything.

Three (3G UK) has been equally useless, the reality is they are aware of the issue but have done nothing to resolve it.

But thank you for the advice I shall get on typing out some letters.

[R0b]

Re: Creditor inaccurate entry - Default

Certainly doesn't surprise me with BT, though I've not had any dealings with Three before but have heard before their service can be poor.

[KyloRen]

Re: Creditor inaccurate entry - Default

Pretty much it's sad don't you think that it's always the consumer that suffers. There's no easy way to resolve anything with companies.

[wales01man]

Re: Creditor inaccurate entry - Default

Contact the CEO of these companies bypassing any complaints departments from experience things get sorted very quick had problems with 2 large companies in last 6 weeks both got resolved within a week both gave a bit of compo .
Social media also seems a good platform for complaints

[KyloRen]

Re: Creditor inaccurate entry - Default

Morning,

So I received a response from 3, after they received my letter saying;

I need to provide documentation along with a copy of my CRA report. I contacted them via the department that's now dealing with this issue; I outright declined to provide any personal information/documents as the account is not mine.

To make matters worse my twin brother has contacted the above company and sent in a letter to accept the accounts as his. For some strange reason 3 fail to acknowledge anything but when mentioned the account is in default the representative jumped up to ask so when will I be paying this back!

I have to admit this is probably the worst company I've had to deal with and they have no right to show the account on my credit file. I have sent in an LBA and wish to follow this through the courts as I think it's the only way I can have the entry corrected or completely removed from my file.

Am I correct to assume I should proceed with sending in a N1 form and I will be claiming for compensation.

Many thanks.

[charitynjw]

Re: Creditor inaccurate entry - Default

Have you spoken to the ICO?
They may be able to resolve this for you.
https://ico.org.uk/global/contact-us/helpline/

[R0b]

Re: Creditor inaccurate entry - Default

Hi Kylo,

Is there any chance you could post up the letter from Three? I think there has to be a little give and take here and if you outright refuse to give any personal details and issue a claim in court then you could be seen as the one being unreasonable when it could have been resolved out of court.

Subject to what the letter says, I would respond to the letter and include:

1. Just your name and address
2. A screenshot of the default on your credit report (only that section not the whole of it)
3. A signed statement from your brother confirming he took out the contract including the dates when the contract started, type of contract and handset etc.

Explain to them that this is all the information that they require. If you do not hear back from them within the next 7 days to confirm it has been removed then you will issue proceedings without further notice.

It is unreasonable I would say to give them a whole copy of your credit report but you should also not be unreasonable and not give them anything to go off. I understand your brother has contacted them but if you give them enough information yourself then they don't really have a leg to stand on.

[KyloRen]

Re: Creditor inaccurate entry - Default

Hi [MENTION=71570]R0b[/MENTION],

You probably are right in saying there should be a little give. Sadly they didn't respond via letter as I didn't consent to sharing my personal information they emailed me, with a generic reply to say it was being handled by a particular person.

3 require me to provide documents, which to be honest I don't feel secure with.

I think I'll do as you have advised, I previously sent a screenshot to a representative in 3 with the via email showing the defaulted account, which doesn't belong to me. Apparently in the 10 years of representative working for 3 he's told me he finds it odd he's never come across twins with this issue. Insinuating that I'm trying to pull wool over his eyes.

I will add the screenshot for you to have a read of but again it states no specifics only that it's being handled by 'x' and looking to get resolved by today 17:30 but when I spoke to the representative yesterday he was no closer to having it resolved than the first day of contact.

Many thanks.

[R0b]

Re: Creditor inaccurate entry - Default

If Three have linked the agreement to your name then they should have all of those details on the system, and they will need to satisfy themselves that they have the correct person on the system. But if the details they have input is wrong and linked to the wrong name which affects that persons credit file then they should rectify this immediately.

As long as you provide sufficient evidence then the ball is in their court to sort it out. Anything that affects someone's credit rating is going to have a detrimental effect and swift action should be taken.

As part of your response, you may want to remind them that you sent a letter before action on X date and it is still not resolved albeit they have acknowledged it. I suggest you offer them a further 7 days to sort the problem out in light of further information you have provided to them otherwise you will issue without further notice and will be claiming damages as a result.

Unfortunately, some businesses only take complaints like this seriously when a claim is issued against them. If you do want to issue, I wouldn't claim anything more than £200-£300 which means if you do it online its only going to cost you £25 to issue the claim.

[KyloRen]

Re: Creditor inaccurate entry - Default

Hey [MENTION=71570]R0b[/MENTION]

Basically because the middle name is missing and all agreements mine or my twin brother have our full name (first, middle and last) due to that the entry shows on both mine and my twin brothers report and because that the 'system' cannot separate our online profiles - Does that make sense?

As the account isn't mine and the contract was taken out in store it's even more frustrating as when I spoke to my brother this week he told me that he's gone through the complete information over the phone with Three and explaining it was a contract taken out in-store etc

I will write into Three again tomorrow and provide my:

Full name
Address
Print out of only the defaulted account on my credit file

I shall get my brother to action it also from his end, and keep the thread updated. I think if it isn't resolved within the 7 day time frame there forth I will not hesitate and begin proceedings as I've waited patiently. It's insanely exhausting I work full time and have very little social life ever since trying to resolve this.

Many thanks