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Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
Has the default notice now been removed?
The default notice has just been removed. However this notice was on my credit record unbeknown to me for up to a year,. The fraudster had opened an account in my name in March 2013,but I had no idea of what was happening until I received a debt collection demand in July 2014.
I take exception at having to prove my innocence rather than the catalogue company prove my guilt. I would like to see some sort of significant sanction against them for posting this libellous entry on my credit record,and forcing them to improve them customer their I D verification procedures.
I am aware that I did not suffer any finncial damage as I had not made any application for a loan or credit card..which probably would have been refused.
What loss if any have you suffered?
Nothing financial,but I had to hand over highly confidential information to prove my home address and the length of time I lived there.
Sure. You can only take this to Court though really if you show a loss
Section 13 states:
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
I thought so,but it does gall me that they can get away with this. I am also not happy with Experian for accepting this catalogue companies vesion on the default without question. I had had a spotless credit record for decades and Experian did not show any "gatekeeping" function ie going back to them and asking "are you sure yu have got the right person"
Indeed. But you can take action but it would only be a modest claim.
In reality £500 at most.
Thank you for your opinion
Can I clarify anything else for you?
Nothing else,,thank you
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When I write to them ,seeking damages for being forced to hand over confidential information to the catalogue company,do I have to give an amount ? ie £500 you suggest as the maximum I could claim