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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HelloI applied debenhams card in December 2015.

Resolved Question:

Hello I applied for a debenhams card in December 2015. in the application form they set a direct debit. I went for a duty trip for a month, and back yesterday. I was surprised by a notice letter saying i have a miss payment, so when i called the collector they said no direct debit was set. I called debenhams card today and they said the direct debit set 6 weeks ago was not set at time. i checked my credit report with experian and a miss payment showed decreasing my credit. DFEBENHAMS CARD are saying they will try to resolve this and remove the miss payment from the credit report. But i don t know if it will takes time especially that am applying for mortgages. they let me down. I want to force them to remove it by law and sue them for every negative impact on me and my plans. what should I do best

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 :

What is it you want to achieve please?

Customer:

Hi Alex

Customer:

I explained my case in my question.. having unfairly this miss payment in my credit report will make any motgagte application I was to complete difficult.. and intrwest rates high... I want first to remove this from my credit report and if will take time I want to know if there is any chance to sue them because they ruined my plan.. any thing not clear in this?

Customer:

this question is not answered am awaiting answer thank you

Alex Watts :

Sorry I was stuck in Court.

Alex Watts :

You need to write and make a formal complaint to Debenhams and set out your position and ask that the credit file be rectified.

Alex Watts :

If they refuse then you can ask the Information Commissioner to investigate. They can investigate your complaint for free and are independent. They are at: www.ico.gov.uk

Alex Watts :

The final step is to go to Court.

Alex Watts :

Section 14 of the Data Protection Act states:

Alex Watts :

(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 :

Therefore if they refuse to rectify you can apply to the court. You would need to use form N208

Alex Watts :

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

Alex Watts :

A copy would be sent to the other side.

Alex Watts :

The Court would then list the matter for hearing and decide whether to make an order that the credit file be amended.

Alex Watts :

EXTRA INFORMATION FOR FREE: The Court can also order that Call Credit, Experian and Equifax directly rectify their credit files.

Alex Watts :

But it is best to issue against Debenhams and get the Court to order they rectify the wrong data

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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