Santander has up dated my credit file with the wrong information causing my husband and I to loss the house of our dreams as we were going to sign the contacts that day. I paid them off in 2008. My credit search for the mortage came back find when applying then over night we lost everything plus a good friend as I was her house we were buying, we are now living in a caravan due to being homeless, is there anything I can do? And could I seek compensation for the loss of renting a holiday let and solicitors fees? Regards Mr & Mrs XXXX
Ok - you can possibly take action against Satander
Section 13 of the Data Protection Act states
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.
You need to issue a claim and complete form N1
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
You can also ask for an Order that the data be corrected or deleted.
I dont know what is on your credit file so I cant say whether it would affect future applications
Can I clarify anything else?
If I could invite you to rate my answer before you go
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