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Hello my name is ***** ***** I will help you with this.
Are you saying that you are not prepared to wait for the 12th March please?
I cannot wait until 12th March and this has been ongoing since the first week of January asking the payday loan company to investigate. Our life is on hold until they sort this out
What is it you want to achieve?
I want the delinquency notice removed and all record of any connection to this company removed from my credit record. If I could do a deal with them to achieve it I will pay. It annoys me a great deal to settle a debt I didn't take out but paying the price now will mean we can move on with our lives and stop being in limbo for mortgage applications
If they refuse to remove it then you will need a Court order.
You need to issue a claim using form N1
Section 14 of the Data Protection Act states:
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.
You are asking the Court for such an Order.
Further the Act goes on to state:
Where the court makes an order under subsection (4) it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
This means that the Court can order that they notify the credit reference agencies to delete the adverse data.
The Court will send the Defendant a copy of the claim form and set the matter down for a hearing
You are asking for an Order that the Court orders they delete the incorrect data and ask credit reference agencies to do the same
Can I clarify anything for you about this today please? If so, it may be the morning when I pick it up
Is it worth me making an offer before action as specified to say I will offer to make a cash settlement without prejudice to settle the debt on the basis that they accept that offer to remove any record from my credit report