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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5059
Experience:  Solicitor
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Do I have a case for compensation regarding incorrect credit

Customer Question

Do I have a case for compensation regarding incorrect credit reporting (which could have led to up to 6 years poor credit rating - which i investigated - and got the firm to admit responsibility for wrongly reporting and not investigating it thoroughly enough (I have all paperwork). They have since corrected the credit report to Experian. Is this all i can hope to achieve. I'd be grateful for your advice! best wishes Sue
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello Sue my name is ***** ***** I will help you.

Have you actually suffered any loss please?

Customer: replied 1 year ago.
Actually no loss, it's potential loss of ability to apply for a cheaper mortgage, loans and credit cards for up to 6 years, which would not have been spotted had I not investigate the case.
Customer: replied 1 year ago.
I'm awaiting your response
Customer: replied 1 year ago.
I'm still awaiting your response.
Customer: replied 1 year ago.
Should I get my money back as I've not had any answer to my question?
Expert:  Jamie-Law replied 1 year ago.

Sorry I am in Court. How much do you want to claim from them and what information is wrong?

Customer: replied 1 year ago.
I am asking if you think it is worth pursuing a claim for potential damage to credit status (loss of freedom to take out a cheaper mortgage, credit cards, loans etc – everything that you can get with a good credit rating which is denied to you if you have a poor credit rating. I have all the evidence to prove that the company wrongly reported my husband's credit status, (and did so for 18 months) and an apology from the company when the correct the situation last month. But had I not pushed the case to be re-examined and presented evidence, the bad credit score would have continued for the next five years.
Expert:  Jamie-Law replied 1 year ago.

You do have a claim under the Data Protection Act 1998 which states:

13Compensation for failure to comply with certain requirements.

(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.

(2)An individual who suffers distress 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 distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

You would need to show that you have suffered some loss.

If you can then yes, you have a claim which you can be compensated for, under S.13 of the Act.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Many thanks
Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!