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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Ive recently been declined a loan due to poor credit

Resolved Question:

Hi

I've recently been declined a loan due to poor credit history, so i applied to see my credit check online and i found that the reason it is bad is because a company have made a mistake in closing a direct debit from 2008. So all this time it appeared that i have been missing payments when i haven't been. The company in question have admitted it was a mistake on their part.
I would like to know where to go from here? can this damage be undone or will have to wait?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have they agreed to write to the Credit Reference Agencies?

Customer: Hello
Alex Watts :

Hello

Customer: hello I'm going to ask that they do, should they agree to that? And will it make any difference?
Alex Watts :

Yes.

Alex Watts :

Once they do that it will correct the entries on the credit reference agencies.

Alex Watts :

If they refuse then you can take the following action:

Alex Watts :

You can issue proceedings under the Data Protection Act

Alex Watts :

Section 14 states:

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

So if they refuse you can issue proceedings and ask the Court to order an amendment

Alex Watts :

You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

If the Court is satisfied they can order that the credit reference agencies remove the incorrect data

Alex Watts :

But the steps are:

Alex Watts :

1) Ask the company direct

Alex Watts :

2) if they refuse issue proceedings and ask the Court for an order

Alex Watts :

3) If they refuse to comply then the Court can order the agencies remove

Alex Watts :

This will have the effect of wiping that adverse information off, so its as good as new

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Who exactly should i ask them to write to? Credit companies like Experion or the banks that declined me?

Alex Watts :

It wont be credit reference agencies that declined it will be the banks.

Alex Watts :

You should just write and ask that they notify the credit reference agencies and rectify the data.

Alex Watts :

Otherwise you will issue Court proceedings to have it fixed

Alex Watts :

Does that clarify?

Customer:

Yes thank you very much for your time

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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