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  #1  
Old 19-02-2008, 07:22 AM
mcfadwmc mcfadwmc is offline
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Default CRA admit info is wrong but won't remove it

i have quite a unique situation where i have proven that information on my credit file is wrong and this has been acknowledged and agreed with by CRA but they refuse to remove the information.

GE money have sent 26 packets of monthly information to CRA for an account which only has 19 active months.

GE have acknowledged this fact and so have the CRA so i have asked that all info is removed until it is accurate but they have refused and said that they will mark it as disputed.

We all know that lenders use automated decision making to assess creditworthiness and any indication of a dispute will have a detrimental effect on my ability to gain credit so i have asked that the dispute is not placed on the account.

the thing is that there isn't a dispute in my eyes. there is no way that the information can be correct and they have both agreed with this so why is it still on there?

Any ideas on where to go next.


i'm thinking ICO for a complaint but my last complaint took six months and i don't feel it was investigated adequately
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Old 19-02-2008, 09:27 AM
sparkie1723 sparkie1723 is offline
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Wrtite to the CRA's and tell them you are going to take action against Both them & GE for libel if remove it.

From what you tell on your post you have is a cast iron case for libel.
they will remove it, when they 've done that demand compensation for damage to your credit status.
demand compensation from both, make the letter as strongly worded as you can.
I can assure you CRA's do not like the word libel

sparkie

Last edited by sparkie1723 : 19-02-2008 at 09:30 AM.
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  #3  
Old 19-02-2008, 12:27 PM
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Do you have GE admittance in writing?
I had same trouble with CRA, i Sent them the copy of the Admittance and threatened a court case and they deleted it or they have sent me a letter saying they have , I'm yet to obtain my report. But it definitely got a better response.
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Old 19-02-2008, 04:59 PM
mcfadwmc mcfadwmc is offline
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i have an online message from CRA advisor saying that GE have contacted them qwith regards to this query and then it lists the discrepancies in the data supplied.

I also have a letter from GE which states that i need to send them a copy of my credit file so they can see what data i'm seeing!!!! (why do they not know what data they're sending). I then have another letter which says that the copy of the data on my credit file i sent them does not match what data they're sending to the CRA and does not match the payment history of my account.

interestingly this account also had a default notice on it which was removed early in the process without me even asking so i think they knew that something wasn't right. could i still claim damages for this though as the default was placed wrongly and stood on my file for years affecting my credit rating
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Old 19-02-2008, 05:57 PM
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You have proof a financial company isnt seeing the same information you are, so the CRA's are lieing to the banks as well?? How many versions of your credit file are there?

If thats right i would be shouting it from the roof tops, this could mean the CRA's are actually playing banks of against customers for no reason other than to ruin credit files? and you hold the proof.
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Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

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time for a life style change
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Old 20-02-2008, 07:22 PM
mcfadwmc mcfadwmc is offline
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originally i questioned this as i received my statements from GE to recover charges and checked the payments made against my credit file and it showed that the months i made payments had missed markers on the credit file.

so this is where it started....

now they're both trying to muddy the water with a wierd explanation.

basically.....

1. GE are saying that the info showing does not match what they're sending which covers their backs. but they've also asked for a copy of my file so they can see what info they're sending!!

2. CRA is saying that they receive an account start and end date from GE then details of sequential payment history and it is them who put it into a calendar format for ease of use and the calendar is based on the last packet of info being the end date and the next to last being the month before the end date etc etc etc... but because 26 packets of montly data have been sent for an account which is 19 months from start to finish, the payment history is showing against the wrong calendar months


Is it just me or does anyone else think that they're both trying to cover their backs when they know they've mess'd up.

But interestingly this does now mean that i can complain about the cra as they have admitted that they are processing data because they put it into date context whereas in a previous complaint i had with same CRA they said that DPA doesn't apply to them and ICO wouldn't investigate as they only act as an intermediary for these companies in collecting info from each of them and displaying what they've been sent and so they have no responsibility for it's accuracy. But if they process it into a certain format then they do have a responsibility...

what do you think?
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Old 20-02-2008, 07:31 PM
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Well Mcfad I believe CRA are bound by DPA and people here have send them a SAR and received information.

sound to me that they are trying to fob you off.
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Old 20-02-2008, 08:39 PM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by Jster$$$ View Post
Well Mcfad I believe CRA are bound by DPA and people here have send them a SAR and received information.

sound to me that they are trying to fob you off.
I agree with Jster$$$, send the CRa's an SAR and be prepared to get about 1000 pages of info.

sparkie
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Old 21-02-2008, 01:27 AM
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Why so much manual intervention when the banks should be updating their own portfolios? sounds a mess, i would as well be doing an SAR.

Tberns just had some good news after a long battle so its possible to get a resolve, but they still need a good kick for the way they behave as its not one offs.

I would invest in some file boxes, you may get a tree being delivered very soon
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change
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  #10  
Old 03-05-2008, 11:30 AM
sparkie1723 sparkie1723 is offline
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Some members forte is the CCA 1974, mine I believe is the DPA1968 and I’ve been giving a lot of thought on how consumers can reduce the power of the CRA’s because I believe at present they set themselves up as all powerful.

My own views on inaccurate untrue detrimental data that financial institutions put on credit files e.g incorrect default entriesare;

Under the Fourth Principle of the DPA data shall be accurate and correct and kept up to date, but everyone knows that the ICO is a toothless fairy, and does nothing when complaints are made ( myself and others on CCS )have had first hand experience of this.

If you file a complaint to the CRA’s or even submit a section 10 demand all the CRA’s say is we have contacted the “supplier” (their client) who have verified the data is correct so we are unable to remove the data as per your request, but will add a notice of dispute to your file.
This can be as damaging and sometimes more so than not putting the dispute notice on.
The CRA’s merely take the word of the supplier over the data subject.

Now
Point 1 The CRA’s have a duty of care to the data subject whose legitimate interests override those of a data controller.

Point 2 The CRA’s under the 1998 Act are now classed as data controllers.

Point 3 The CRA’s have a duty to the data subject to obtain the strict proof that the data they place on the CRA data banks is in fact accurate, true and correct and up to date.

Point 4 If they fail to obtain that proof when you ask them to, and still leave it on your file, they have failed in their duty to the data subject.

Point 5 Not only is this incorrect data detrimental and defamatory, it is a published negligent misrepresentitive statement

Misrepresentation Act 1967
It is a general rule that for a misrepresentation to occur a positive statement of fact must have been made expressly or implied by conduct.
Distortion of Fact
A representor may make a statement which prima facie is technically true; however this may tell only half the story.
If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurredShould a statement be made which is true at the time, but subsequently becomes untrue due to a change in circumstances, the representor is obligated to amend the original statement.
Statement of Fact
It is a general requirement that for an action in misrepresentation to proceed, that the statement in question be one of present or past fact. This has its grounding in that only facts can be distinguished as being true or untrue at the time they are made.
A statement of fact is either true or false, there can be no half truths.

If the data (statement of fact) on a credit file is not true then it is a misrepresentation of fact

I believe if consumers make the CRA’s aware of all this they will move very quickly to remove that info.

sparkie

Last edited by sparkie1723 : 03-05-2008 at 11:34 AM.
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