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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Santander has up dated my credit file with the wrong

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : In what way was it wrong? Have they accepted the mistake please?
Customer: It was wrong because it didn't appear on my report as being an issue when I have a credit check to gain the mortage and I certainly wouldn't have paid it off on the 22nd Decemeber. In branch on the phone they apologised and said they would correct it but I feel they have made up a date because they don't really know when I paid it all off. Subsequent we lost the house and we homeless. I not not been able to talk to anyone at Santander as I am unable to answer the security questions after speaking to 3 different people, this is because I don't owe them any money and have had no corrispondence with them over the past 6 years?
Alex Watts : How did you lose the house? Did you not have a credit check when you applied for a mortgage?
Customer: We lost the house because the mortagage company pulled the offer, yes we had a credit check and we told it was fine?
Alex Watts :

Ok - you can possibly take action against Satander

Alex Watts :

Section 13 of the Data Protection Act states

Alex Watts :

13Compensation for failure to comply with certain requirements.

(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.

Alex Watts :

You need to issue a claim and complete form N1

Alex Watts :

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

Alex Watts :

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?

Customer: Thank you for this information I will certainly complete the form and see what happens.
Customer: Will any of this effect any future mortgage request as we need to get of the this caravan?
Customer: kind Regars
Customer: Mrs Paula XXXX
Alex Watts :

You can also ask for an Order that the data be corrected or deleted.

Alex Watts :

I dont know what is on your credit file so I cant say whether it would affect future applications

Alex Watts :

Can I clarify anything else?

Customer: Thank you have clarified everything I needed to know.
Customer: thank you you have clarified everything I needed to know.
Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
The information you provided was excellent, I am now going ahead with the claim against Stantander.
Once again thank you
Paula Naik
Expert:  Ash replied 2 years ago.
Great - happy to help.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you

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