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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Customer Question

Hi.
I have had my name listed on the Irish Credit bureau database for going into arrears for a loan I had. I did miss payments and tried to make an agreement with the bank at the time but they moved my account to a bad debt.
That was 2013 and I have been making payments since. It was partial payment for a while but now full payment for a year. The reason I could not pay the full amount was I had to close my business and get a new job.
I am on a good salary again and want to get a mortgage with my wife. I have been told the bank will not take my application. Is there anything I can do.
I don't agree with what the bank have written on the credit report. Can I get them to change or explain.
I can easily make mortgage repayments now for the loan amount I am looking for and it has been 2 years since the issue.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Can you tell me if you are in the Republic of Ireland or the UK? Is the loan being sought in Ireland or Britain? Where did the loan exist in relation to which the bad credit report arose? This is important as you will make a complaint to a different body in a different country depending on in which country the facts arose.
Customer: replied 2 years ago.

Hi.

I am in Ireland. The loan was in Ireland which is now on the ICB and the loan will be sought in Ireland.

I am not sure if the details are correct on the ICB but I hoped they could state that we agreed terms. Or if there any ways to remove it due to exceptional circumstances.

I wanted to apply for a mortgage with my wife. I also hope in the worse case she can apply herself and it will not affect her as this happened before we were married.

Thanks

Expert:  Buachaill replied 2 years ago.
2. Here, you need to use the powers conferred by the DAta Protection Acts to firstly, make an Access REquest for the data held by the financial institution and secondly, you need to insist on its rectification if it is not accurate. Thirdly, you also need the data held by the third party Irish Credit Bureau to also be rectified. Firstly, all data subjects have a right of access to data held about them. Here you have the right to make an Access Request to the bank to see the date held by them on you. Secondly, there is a fundamental principle of Data Protection law that all information held must be up to date and accurate. Here if the data held by the financial institution and the ICB is not accurate, you can get it changed to what is correct. Here is a case study from the website of the Data Protection Commissioner illustrating the operation of this principlehttps://www.dataprotection.ie/viewdoc.asp?Docid=141&Catid=42&StartDate=1+January+2009/viewdoc.asp. Thirdly, you can also get data held by third parties such as the Irish Credit Bureau rectified as well. Here is a case study which illustrates this approach taken from www.dataprotection.ie as well https://www.dataprotection.ie/viewdoc.asp?Docid=168&Catid=45&StartDate=1+January+2009/viewdoc.asp. this is how you deal with the correction of your data. Be aware that if the financial institution or the ICB are not helpful, you can make a complaint to the Data Protection Commissioner. This is how all these cases came to be on the data Protection Commissioner's website.
Customer: replied 2 years ago.

Thanks.

I am not sure how exactly they report the debt on the ICB. They have said that it is 9 months in arrears for 24 months even though I am paying it.. I called a few times but get different answers.

A previous report 6 months ago said in was up to date.

Is there any way to get them to remove the record completely?

Also woukd this affect my wife if she applied for a mortgage in her own name.

Thanks

Expert:  Buachaill replied 2 years ago.
3. The ICB only relies upon the information supplied by the financial institution. Its register only reflects what is transmitted to it by the financial institution. Accordingly, you can serve an Access Request to both the financial institution and the ICB. If it is the case the ICB are inaccurately recording the information, then you can sue the ICB for defamation as it is defamatory to incorrectly publish wrong credit information about a person. Secondly, you can only get them to remove information to the extent to which it is incorrect or not up to date. You cannot get all information removed. The law does not give you that right. Thirdly, your wife is an independent person in law. Nothing about you can or should affect her credit status. So nothing in the ICB on you should affect your wife.
Customer: replied 2 years ago.

Thanks.

How do I request access to the information they used to give the ICB to put on the report.

I would like to know how it went from being ok one month to 24 months in arrears and if they recorded my partial payment etc. I was never notified and did my best to pay.

I have tried to get answers but they always say they have no access etc.

Thanks

Expert:  Buachaill replied 2 years ago.
4. You make a data Access REquest to the financial institution and include in it, the information sent to the ICB, if that is what information you want. Normally, you simply request all data relating to you and then seek to correct it as needs to be done. Expect a file with your name on it photocopied to you. Make a complaint to the Data Protection Commissioner if you don't get all the data the financial institution and ICB hold.
Customer: replied 2 years ago.

Thanks.

Expert:  Buachaill replied 2 years ago.
Please RATE the Answer. Otherwise you Expert doesn't get paid by the website.
Customer: replied 2 years ago.

Thanks. Do you know if they charge a fee for each page as they do sometimes for statements etc?

Expert:  Buachaill replied 2 years ago.
5. The usual rule is that you pay for the photocopying of each page. But the bank is not allowed to levy the high charges they charge for statements. If the charge is too high, complain about it to the DAta Protection Commissionoer as it is an unlawful impediment to a Data Access Request under the Data Protection Act. Please RATE.
Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi. I asked a broker if my wife could apply for a home but they said it was not possible due to family law. As we were married we both have to be on the application.

Can we insist she be able to apply?

our wife is an independent person in law. Nothing about you can or should affect her credit status. So nothing in the ICB on you should affect your wife.

Expert:  Buachaill replied 2 years ago.
?
Customer: replied 2 years ago.

Hi. I am sorry if unclear.

You said previously that my wife could apply for the loan and my my ICB histort not affect her. The bank said we need to apply jointly and then they take into account my poor credit history.

Expert:  Buachaill replied 2 years ago.
7. try a different broker. There is nothing in Family law which prevents an application solely by your wife.
Customer: replied 2 years ago.

Hi. Can you help me more on this issue. I have requested information from the bank and ICB about how they have sent information and put me on the ICB. They are saying they do not have information and only the current month. I have 2 old reports that say very different things. One is fine and another says 12 months arrears.

There were payments missed but the information on the ICB is not correct. I have an agreement for 18 months and payments made up to date. Is there anyway I can get the ICB to correct this or remove me.

If at least the report said I restructured the loan 2 years ago and it is up to date then it would look better for a bank. I would have a chance to get a mortgage approval.

All brokers are refusing to look after seeing the report.

Can I make the ICB take the information down if is not correct. Do I have to proove to them it is not correct.

There was an option for any further help for 29 euro but I can't see the link

Thanks

Thanks