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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am saying that a fraudulent payday loan has been taken out

Resolved Question:

I am saying that a fraudulent payday loan has been taken out in my name. The first I knew of it was a delinquency notice on my credit report when we applied for a mortgage. It has been reported to the payday loan company but they will not admit the fraud and the delinquency notice will stay on my credit report. Their internal complaint rules state they do not have to answer me until 12th March but that will mean losing the house we have seen and would like to put an offer on. I can't get a High Street loan because of the delinquency notice. They want either a letter from the Police confirming that a person has admitted the fraud or arrested/charged with the offence OR a letter from my bank confirming that a fraudulent application has been made. My Bank have advised that the application was not to them but the payday loan company so they can't give me the letter. I am so angry over this and I'm stuck with my life in limbo made to feel the guilty party instead of the victim! I've advised the Financial Ombudsman but they won't intervene until the payday loan company have issued their final letter. What can I do to make them speed this response up? I've been rude to someone on the phone that I would never under normal circumstances ever do ! Please help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you saying that you are not prepared to wait for the 12th March please?

Customer:

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

Alex Watts :

What is it you want to achieve?

Customer:

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

Alex Watts :

If they refuse to remove it then you will need a Court order.

Alex Watts :

You need to issue a claim using form N1

Alex Watts :

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

Alex Watts :

Section 14 of 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 :

You are asking the Court for such an Order.

Alex Watts :

Further the Act goes on to state:

Alex Watts :

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.

Alex Watts :

This means that the Court can order that they notify the credit reference agencies to delete the adverse data.

Alex Watts :

The Court will send the Defendant a copy of the claim form and set the matter down for a hearing

Alex Watts :

You are asking for an Order that the Court orders they delete the incorrect data and ask credit reference agencies to do the same

Alex Watts :

Can I clarify anything for you about this today please? If so, it may be the morning when I pick it up

Customer:

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

Alex Watts : Yes I would do that if you can on condition they rectify the data
Alex Watts : Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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