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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Is there a way I can put pressure on a credit score agency

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Is there a way I can put pressure on a credit score agency to remove an arrears when the loan company have admitted to be it was a fraud case and I am not responsible?
JA: Where are you? It matters because laws vary by location.
Customer: England. York. Can we discuss this on the phone as I need to drive very soon
JA: What steps have you taken so far?
Customer: Eventaully got loan company to acknowledge not my fault but they have only just informed the relevant agencies. I need a mortgage asap
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. You need to make a complaint to the lender which issued the default and who registered the fraud marker against you - if they uphold your complaint they can remove the marker. The lender will have a complaints policy. I note you say you need a mortgage as soon as possible but the only way to get a marker removed is either the lender removes it voluntarily or the Ombudsman forces them to.

You have to make a complaint and exhaust that with the lender before you can involve the Ombudsman. In terms of a fraud marker this can be dealt with at the same time as the default notice.

If the lender rejects your complaint then ask them for a final response letter (a "deadlock" letter) and then you need to escalate the dispute to CIFAS themselves who will do an independent review of the case. The address to write to is :

Cifas
6th Floor, Lynton House
7-12 Tavistock Square
London
WC1H 9LT

That should take no longer than 14 days to complete. If CIFAs agree with the company which registered the marker, you would have to escalate it to the Financial Omudsman Service (http://www.financial-ombudsman.org.uk) who can review the evidence and they can order the CIFAS marker to be removed.

If you want to find out if CIFAS holds any fraud data against your name, you can make a subject access request to them here:

https://www.cifas.org.uk/contact-us/subject-access-request/subject-access-request-form

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 17 days ago.
I have the lender stating it’s not my fault and they have said they are contacting Experian et al. The lender stated it could still take 40 days before it has been removed. Can I put pressure on Experian etc to do it a lot quicker?

Hi, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts. If you would like to cancel the call and the charge, customer services can be contacted here: https://www.justanswer.co.uk/help/contact-us

Experian will do nothing unless the lender contacts them, or the Ombudsman, sorry to say. They cannot speed matters up unfortunately. If you speak to the credit agencies I am sure they will say you have to speak to the lender which put the default marker on

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