Going round in circles

[LOTTERY GIRL]

Could anyone help me.

After getting turned down for a business bank account I was told to take a look at my credit file.

On my credit file I found a joint loan account with Sainsburys Bank and another for Egg which I do not have.

Rang up Sainsburys who had no idea who I was and said I did not have an account with them. They wrote to me confirming this and they would be removing the entry on the credit file within 28 days.

After 28 days the entry was still there so I rang Experian who said they would write to Sainsburys on my behalf.

Sainsburys wrote back to Experian saying the entry was correct and they would not be removing it.

Back to square 1

I then rang Sainsburys and asked if I did have an account with them to prove it... and so the circle continues

How can I get off this treadmill, I am getting really fed up as I cannot start taking money for my business until I get a bank account and I cannot get a bank account until I can get this credit file entry removed.

Help.

[Hocuspocus]

Hi Lottery Girl
Have Sainsburys in your last phone call admitted they now hold your details for the entry.?
If they are still saying there isn't one you need to get it on record, via letter or phone. ( sorry edited missed the letter bit when i read it)

You can SAR them too ,
If £10 is hard to find.
Go for the CCA £1.00

either way they have to send you something, can't see it will be resolved quickly but if its fraud then it has to be nailed and sadly you will be the only one who's remotely interested.

Send Experian the copy of the letter sent to you by Sainsburys, write to Sainsburys and Experian informing them you will be taking legal action on this matter and give them 14 days to comply.

Be harsh with them!

[LOTTERY GIRL]

Sainsburys have no record of me and I did send the letter to Experian.

What legal action can I take?

With everything else going on I can really do without this. This past week alone my heating packed up and cannot be repared, my washing machine packed up and another top bidder for my car failed to come and collect it.

And thats just last week.

[Hocuspocus]

OH LG what a week
They will have no choice but to amend this eventually, just apply the pressure.

Did you keep the original letter, send a copy and covering letter to the ICO, when you send it send a copy of the complaint to ICO to sainsburys, and a copy to Experian.

You should also to do the 2 other CRA's also

http://consumercreditsupport.co.uk/s...ead.php?t=1825

[LOTTERY GIRL]

Thanks will do.

If you think that week was bad have been going thru similar over the past 4 months including OH in intensive care in New York, been taken to court over bill I had paid but because of the postal strike didn't know anything about it untill 3 weeks after the court case had taken place, am on my 3rd fridge in as many months and I won't go into the Kwik Fit story.

Taken to standing outside and screaming.

[Hocuspocus]

Originally Posted by LOTTERY GIRL

OH in intensive care in New York,

How awfull i hope you get him home soon xx

[LOTTERY GIRL]

He's home. Had pneumonia with complications because he is diabetic.

lg

[Hocuspocus]

must be a relief for you hun, hope the tide starts to turn for you soon.
HP

[Perseus]

ok...
Did you request your credit report directly from experian?
If so, by letter or online?

Either way, under s158 they have supplied the information , giving you reason to question the entries regarding the joint account and the egg account.

Under s159 of the CCA,

159 Correction of wrong information

(1) Any individual (the “objector”) given—

(a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or


(b) information under section 158,


who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.

(2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has—

(a) removed the entry from the file, or


(b) amended the entry, or


(c) taken no action,

As option c has been taken, after being supplied by a statement that
and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.

(3) Within 28 days after receiving a notice under subsection (2) or, where no such notice was given, within 28 days after the expiry of the period mentioned in subsection (2), the objector may, unless he has been informed by the agency that it has removed the entry from his file, serve a further notice on the agency requiring it to add to the file an accompanying notice of correction (not exceeding 200 words) drawn up by the objector and include a copy of it when furnishing information included in or based on that entry.

(4) Within 28 days after receiving a notice under subsection (3), the agency, unless it intends to apply to the the relevant authority under subsection (5), shall by notice inform the objector that it has received the notice under subsection (3) and intends to comply with it.

(5) If—

(a) the objector has not received a notice under subsection (4) within the time required, or


(b) it appears to the agency that it would be improper for it to publish a notice of correction because it is incorrect, or unjustly defames any person, or is frivolous or scandalous, or is for any other reason unsuitable,


the objector or, as the case may be, the agency may, in the prescribed manner and on payment of the specified fee, apply to the relevant authority, who may make such order on the application as he thinks fit.

(6) If a person to whom an order under this section is directed fails to comply with it within the period specified in the order he commits an offence.

(7) The Information Commissioner may vary or revoke any order made by him under this section.

(8) In this section “the relevant authority” means—

(a) where the objector is a partnership or other unincorporated body of persons, the Director, and


(b) in any other case, the Information Commissioner.

You should write to Sainsbury - with a CCA and SAR.
Enclosing a copy of their previous letter confirming that you have no financial obligation to them, or whatever the letter stated (please post a copy up if you can, and any other letters relevant - remember to use a photocopy, and remove any personally identifiable info)
and ask them to confirm what, when, where etc regarding the alleged (always use alleged!) account.
Also, state what effect this is having on you financially as a business, and your reputation and credit worthiness has ALREADY BEEN AFFECTED.
If the information they have recorded against you is unfounded, or unsubstantiated by true original copies of legally enforceable agreements, then you will immediately seek damages, costs and compensation for defamation, libel, compensation for loss of business as a subsequence of the incorrect registered data etc...

Have you also contcated Egg regarding the same?
Do it in writing, not by phone, then any response should also be in writing.

This may take a little while - so you may wish to compile a letter for the ICO, explaining your business situation, so this action by sainsburys IS CAUSING YOU FINANCIAL DAMAGE to you as a person, and your business.

Go hard, go heavy, and keep at them.
Send everything special/recorded and other than the SAR (which will back up your requests), keep hot on the time lines...

Pers