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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14393
Experience:  Solicitor
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My daughter has been refused a mortage because her credit

Customer Question

my daughter has been refused a mortage because her credit report has false information on it. this has been an ongoing problem for a few years
Assistant: Where is your daughter? It matters because laws vary by location.
Customer: ashtead surrey
Assistant: What steps has your daughter taken so far?
Customer: she has contacted the credit agencies concerned and explained the problem. all are sympathetic and have looked into her case but despite agreeing it is a case of identity fraud verbally they will not remove ccj's from her record.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: only that my daughter is trying to move house and does not have lots of cash available to resolve theproblem
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 11 months ago.

Did she ever apply to Court to have the incorrect data removed?

Customer: replied 11 months ago.
no
Expert:  Jamie-Law replied 11 months ago.

Ok, then she should. The Defendant in the application would be the firm who has registered the wrong information.

Under the Data Protection Act 2018 it states:

100 Rights to rectification and erasure

(1)If a court is satisfied on the application of a data subject that personal data relating to the data subject is inaccurate, the court may order the controller to rectify that data without undue delay.

She can apply to Court using form N208:

https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

The Court will set the matter down for hearing and decide whether to Order the data is rectified or removed.

If the Court does and the data controller refuses this could be contempt of Court, which they may be warned, fined or sent to prison.
That should resolve the matter.

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