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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son has applied mortgage, in July 2014 he bought a

Resolved Question:

My son has applied for a mortgage, in July 2014 he bought a car and his credit rating was excellent, he is now applying for a mortgage and has just checked and a Default was added 3 weeks ago, from 2011 for a Santander default between 2003 and 2011, it wsnt there 3 weeks ago. He has never been with Santander and hasnt ever had any credit with them. He has lived with me and he went to Australia in 2011 returning in July 2014, and we received nothing from Santander in that time, as I opened his mail and scanned everything to him, I can confirm this and there wasnt anything so this cannot be correct but I know it isnt easy to get it removed even though it is clearly wrong what can we do Experian are about as useful as a tub of wet fish to a vegan
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did he get a copy of his file before the car purchase?
Alex Watts : Does the record show missed payments and a default?
Customer:

Not sure but probably as he got the finance for the car

Customer:

No just a default

Alex Watts :

Ok. When he gets a copy of the credit report it will include an address for Santander

Alex Watts :

He should write to that address and under the Data Protection Act request details of what it is

Alex Watts :

They should then provide this.

Alex Watts :

If they do not or he disputes it, he can apply to the Court for rectification

Alex Watts :

He would need to complete form N208

Alex Watts :

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

Alex Watts :

The Data Protection Act stats:

Alex Watts :

states

Alex Watts :

14Rectification, blocking, erasure and destruction.


(1)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 :

The Court will list it for a hearing and decide whether or not to make the order correcting the file

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks you this helps a lot

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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