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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5600
Experience:  Solicitor
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I defaulted on my loan account 5 years ago & by agreement

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I defaulted on my loan account 5 years ago & by agreement with the lender have paid a reduced monthly amount every month since then.On my credit reference account the monthly payments before my default are shown but the Lender has refused to show the reduced monthly payments as they are less than the orginal agreement.It therefore looks as though I have paid nothing for 5 years.I presume my Credit Score will greatly increase if these payments were shown thus enabling me to obtain a better mortgage deal which in turn will help pay the Credit more quickly.Is the Lender entitled to refuse to show these payments?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
No I do not mind waiting for a reply
Customer: replied 1 year ago.
The ICO stated that as monthly payments were not specifically required by the Data Protection Act the Lender it was outside their remit.Similarly the Fin Ombudsman said it was an operational decision so outside their remit.The Fin Con Author stated they only licence Credit Ref Agencies & do not take on individual's complaints against Companies.The Lender stated they were following CRAI guidelines.CRA stated they only report what Lender tells them!!!!
To me not showing these payments contravenes the Basic Principles of the DAY sections 3 & 4 as shown on the ICO website.Similarly the Fin Ombudsman
Customer: replied 1 year ago.
Last line should read DPA Principles 3 & 4.I have a mountain of correspondence with the above organisations showing their positions as I have described them and I am considering an official complaint to the ICO & possibly writing to my MP.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 1 year ago.

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

Were you making contractual payments or less please?

Customer: replied 1 year ago.
Originally making the contractual payments before default then lesser payments as agreed with lender
Expert:  Jamie-Law replied 1 year ago.

Is it only the lesser payments not showing please?

Customer: replied 1 year ago.
it looks as though no payments have been made for 5 years.
If no payments had ever been shown then that might have been acceptable but only showing the pre-default payments mean that the info provided is selective and therefore misleading.
To show the payments would be easy & nobody has given an explanation as to why they won't show them other than they do not need to.
Expert:  Jamie-Law replied 1 year ago.

Doesnt it show the balance as well on your credit report?

Customer: replied 1 year ago.
but as I have pointed out to the parties concerned most credit checks are carried out by a computerised snapshot at one time so it is not apparent that the balance is reducing each month.
Expert:  Jamie-Law replied 1 year ago.

Did you complain to the ICO? What did they say?

Customer: replied 1 year ago.
The ICO state that as there is not a specific requirement under the DPA to show monthly payments then as long as the information is shown is factual then it is likely that the requirements have not been breeched and therefore,as the ICO only is concerned with administering the Act the complaint would not come within their remit..I have previously stated to the ICO that there must be a general requirement under the DPA for accurate info and I am about to reply to them pointing out sections 3 & 4 of the general principles of the Act show that this is the case.
Expert:  Jamie-Law replied 1 year ago.

Sadly the ICO is correct. If you have been making payments under the usual contractual amount then the lender can show this as a missed payment.

This means although you have been making SOME payments, it is not the contractual sum. On those months you did, it should be reflected.

But the credit report should show the balance so whilst you are not making the full payment, the balance will reduce.

Your only other option is to get a Court order, but for that you would need to show the information held was wrong.

The DPA 98 says:

14Rectification, blocking, erasure and destruction.

(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.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
OK but in my opinion as the info is incomplete it is inaccurate but even if the law decrees otherwise this is an obvious anomaly and therefore,as a taxpayer funded organisation I believe the ICO should be proactive in correcting obvious anomalies so I will continue with my complaint,
Thank you
Expert:  Jamie-Law replied 1 year ago.

In that case you can apply to Court.

You need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The court will set down the matter for hearing and decide whether to make the order.

The court can also order they delete, block, rectify information held with the credit reference agencies

Can I clarify anything for you?

Customer: replied 1 year ago.
No more questions thank you but of course anybody in my position cannot afford to go to Court so I must pursue the ICO or MP to get the DPA or it's guidelines changed
Expert:  Jamie-Law replied 1 year ago.

if you are on a low income you can get fee remission, this means the court waives the fees.

Does that clairfy?

Expert:  Jamie-Law replied 1 year ago.

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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5600
Experience: Solicitor
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