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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, Myself and my wife have an issue with barclays bank. My

Resolved Question:

Hi,
Myself and my wife have an issue with barclays bank. My wife has been subject to identity fraud which has resulted in a number of bogus accounts being opened with barclays bank. she currently holds a current account with barclays. This identity fraud has caused her credit rating to drop significantly. barclays have admitted over the telephone that my wife is not the one who opened these accounts but have yet to take any action which can rectify her credit rating. This has been an ongoing issue with barclays for over a year. this has already caused us to fall through on the purchase of one house and we currently unable to proceed with buying any house as we cant get a mortgage. I really need to get this matter resolved is this something you could help with?
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 : What adverse information is contained on her credit file please?
JACUSTOMER-egwh7gc3- :

Hi Alex,

JACUSTOMER-egwh7gc3- :

Hi Alex, thanks for helping. In my wife's credit file there is a linked address 77 old hall lane, longsight, Manchester, m13 0uj that has a fraudulent Barclays account attached to it under my wife's name. this account is in arrears. From conversations with Experian and a mortgage broker that we where working with last year it appears that there are other outstanding debits registered to this address that are affecting my wife's credit file. If we would like to discuss over the phone my number is ***********

Alex Watts :

Sadly all communication must be online

Alex Watts :

Have you filed a notice of disassocatiation yet please?

Customer:

no I assumed that was only applicable if the debt was yours

Alex Watts :

No.

Alex Watts :

You need to file a notice of disassociation

Alex Watts :

This breaks the link

Alex Watts :

Then it should not show.

Alex Watts :

Addresses are not blacklisted, it is only people

Alex Watts :

So any credit record should just show the credit accounts of you and your wife

Alex Watts :

So once you file the notice, any link should be broken and any accounts

Alex Watts :

However if Barclays refuse to remove any adverse data you can make an application to Court.

Alex Watts :

The Data Protection Act 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 :

Therefore an application could be made to block, destroy or delete the incorrect data

Alex Watts :

You would need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And make an application to Corut.

Alex Watts :

The Court would then list the matter for a hearing and decide whether to make the Order.

Alex Watts :

If it does, then any adverse data would be removed

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So do i fill this form in or do i need to hire a solicitor to do this?

Alex Watts :

You can fill out the form, but write to the bank first and threaten it

Alex Watts :

Give them 14 days to remove, check the file again and then if not, issue the claim form

Alex Watts :

Does that help?

Customer:

Yes this helps, would i be able to pursue damages against the bank as i previously lost out on £3,000 when the purchase of a house fell through because of this?

Alex Watts :

Yes you may be able to.

Alex Watts :

But you would need to show that the bank were negligent and knew that it was a false application

Alex Watts :

You may struggle with that.

Alex Watts :

But you may get something out of it

Alex Watts :

Can I help with anything else today, or does this answer your question?

Customer:

just one last question about the disassociation, i do i contact experian or the bank for this?

Alex Watts :

Experian

Alex Watts :

But make sure you do it also with Equifax and Call Credit who are other credit reference agencies too

Customer:

ok thats great thank you for your help.

Alex Watts :

Happy to help

Alex Watts :

If this answers your question might I invite you to rate my answer today

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: 10915
Experience: Solicitor with 5+ years experience
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