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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1236
Experience:  Solicitor
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I am trying to have a default removed from my credit history

Customer Question

I am trying to have a default removed from my credit history and am struggling. I have been through the ombudsman but to no avail I believe I have a case and now wish to go legal what is the best way about this
Submitted: 16 days ago.
Category: Law
Expert:  Jamie-Law replied 16 days ago.

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

Could you please explain your situation a little more?

Customer: replied 16 days ago.
what information do you require
Expert:  Jamie-Law replied 16 days ago.

I need to know about the default, when was it and whether you accept it.

Customer: replied 16 days ago.
it was added to my credit history in may this yearI have rejected it as it has been added by orange for an account I have never hadmy phone line has been with orange since 2002 and I have never missed a payment the default seems to be something they have added to my account that I have never had and they can not prove I have asked for
Expert:  Jamie-Law replied 16 days ago.

OK, you need to write formally to them and ask that it is removed or you will go to Court.

If they refuse then you can issue proceedings to have it removed. Under the Data Protection Act it says:

14 Rectification, 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.

(2)Subsection (1) applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party but where the data accurately record such information, then—

(a)if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and

(b)if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a

The matter will then be listed for hearing and a Judge will decide whether or not to grant an order removing it.
Can I clarify anything for you about this today please?

Customer: replied 16 days ago.
I wrote to them requesting this prior to raising in to the ombudsman my question is more how I actually go about starting court proceedings
Expert:  Jamie-Law replied 16 days ago.

Did you see my advice above? You submit form N208 to the County Court.

To find your local Court please go here:
https://courttribunalfinder.service.gov.uk/search/

There is a Court fee of £355 to pay.

Can I clarify anything?

Customer: replied 16 days ago.
ok and I can submit this it doesn't need to done by a legal representative?
Expert:  Jamie-Law replied 16 days ago.

You can do it yourself, yes.

Does that clarify?

Customer: replied 16 days ago.
When I follow the link it asks me to select an area of law what would this fall under? also where do I find the n208 form?
Expert:  Jamie-Law replied 16 days ago.

Form N208:

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

None of the above.

Does that clarify?

Customer: replied 16 days ago.
I would be the claimant in this case?do I have to fill all the for out as some boxes I don't understand?if I select none of the above then I can use any court ?
Expert:  Jamie-Law replied 16 days ago.

Yes you would be the Claimant. You dont need to full out the boxes you do not understand.

You use your Local Court.

Does that clarify?

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