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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Whilst opening a new joint account with a high street bank,

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Whilst opening a new joint account with a high street bank, my wife and I were advised by the customer advisor that instead of going for a 'basic' account to which no credit check is carried out, we should apply for a standard current account. We were specifically advised that only a 'soft' credit check would apply which would have no effect on our credit rating.
I work for a government department and my post carries a security clearance. Part of that clearance includes a credit check as a measure of a healthy financial status. I was also preserving my credit rating with the aim of obtaining credit to purchase a car in the new year.
The credit check that was carried out however was a 'hard' credit check and resulted in a significant decrease in my credit rating (checked with Experian before and after). Furthermore, the customer advisor made a minor error on opening the account. Whilst attempting to correct the error, they accidently opened a second account which again carried with it another hard credit check.
The result of this has been a massive decrease in my credit rating and has the potential to effect my employment and my ability to obtain credit in the future.
Am in a position to pursue for compensation through legal means?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you,
What loss have you suffered please?
Customer: replied 2 years ago.
The result of what has happened so far has been:
- Significant decrease in my credit rating (in excess of 150 points taking it from 'excellent' to jut over 'satisfactory' on Experian)- Reduced ability to obtain credit in the short and medium term- Potential loss of employment at next security review (December 15)
Expert:  Ash replied 2 years ago.
But what is the actual loss? Your credit rating has been reduced, but what actual problems as of today has this caused?
- have you been turned down for credit? Have you applied?
- you haven't actually lost your job at present?
Customer: replied 2 years ago.
I'm a member of Experian Credit Expert so can see my full credit report and the effects thsee two checks have had. I have not applied for any credit but if I had the results would be effected by the decrease. I would have been turned down or at least not qualify for better rates if interest etc.With regards ***** ***** employment, my contract states I must look after my financial affairs so as not to be risk generally. A full review of my current secuirty clearance is in December and this decrease in score will certainly effect the outcome.
Expert:  Ash replied 2 years ago.
Have you applied for anything and been refused in the interim?
Customer: replied 2 years ago.
No I haven't applied for anything as I would more than likely get turned down, which in turn would reduce my rating further. Any application for credit of any sort reduces your credit rating regardless of result.
Expert:  Ash replied 2 years ago.
How much do you want to claim?
Customer: replied 2 years ago.
I've not thought about claiming a specific amount. I'm simply asking if you think I'm on a position to take any legal action.
Expert:  Ash replied 2 years ago.
I think you can but a Judge will want to see some loss. At present I dont see you have lost out on anything as of yet. However I will outline the process for you.
You need to write and set out your losses and request compensation 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 compensate 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?
Customer: replied 2 years ago.
Is there no way I could claim compensation over the principle they have jeopardised my employment? This has also caused a significant amount of concern and genuine distress.
Expert:  Ash replied 2 years ago.
But you have suffered no loss. They may have jeopardised it but you didn't lose it. If you have been to your gp and disagnosed with stress then you may be able to claim.
Does that clarify?
Alex
Customer: replied 2 years ago.
I understand there is no loss at this stage. However my credit rating now means I am not able to pass a credit check for anything.There's three issues I'd would like them to be held accountable for:1. Poor advice in branch over the account application and the credit check they carry;
2. Two accounts opened instead of one and;
3. Two hard credit checks instead none.There must be something I can do that doesn't necessarily need proof of loss. I have been genuinely mistreated as a consumer here. Is there any legal complaint I can launch with the financial ombudsman?
Expert:  Ash replied 2 years ago.
You can complain to the financial ombudsman but you must exhaust all avenues of complaint with the bank.
The ombudsman offers a free service and can consider the complaint, but sadly they can't force the bank to pay you anything.
Alex
Expert:  Ash replied 2 years ago.
You have rated POOR SERVICE despite me giving you the legal answer. What else would you like to know today please?
Customer: replied 2 years ago.
Whilst I appreciate the advice you gave, I'm really not entirely happy with this service in general considering the cost.My intention is to get independent advice from the CAB to see if their advice is similar to that of yours.Many thanks.
Expert:  Ash replied 2 years ago.
If I could ask you to rate ok service I would appreciate it? Sadly I can only tell you what the law is.
Alex
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