A few years ago I applied for a mortgage that was cheaper than my existing
one. The building society asked Experian for a credit reference and got a
reply which mainly consisted of the details of someone else at a similar
address. I then sent off my £2 to Experian for my credit file and got the
same mess instead of my proper file. It took several weeks to sort out the
glitch in their system, during which time the cheaper mortgage was on hold.
I asked the ICO for an assessment, and they confirmed a breach of Principles
3 & 4. I then asked Experian for compensation as I had been left on the
higher rate mortgage for several weeks because of their error. I also
claimed for 'associated distress'. To their credit, Experian responded
promptly and in a very professional manner, and we negotiated a payment I
was happy with.
I would have thought you could follow the same course. A request for an
assessment is always worth making. If the confusion has caused any delay
and you have lost out financially, a claim for compensation is clearly in
order. Equally, if you have had to spend time and/or money changing your
bank accounts because of the information having been leaked to unauthorised
people you would have a claim. However, you can't claim for distress on its
own, only distress associated with damage, so if you can't point to any
actual damage you can't claim.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Griffiths, Ian" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 21, 2007 11:20 AM
Subject: Personal details missing, someone elses in their place
This one relates to my own situation. I recently applied for a
remortgage and when the pack was supplied containing key facts, policy
booklets and the like, the sheet containing the particulars of the
borrower (ie. me) instead contained details for somebody else, two other
people in total. My own details in that format were absent.
Just wondering what the list makes of this situation - I've already
reported it to the lender during the course of another call and was
apologised to. Not sure if I should get this in writing anywhere? Not
sure what I can do really. I'm annoyed at the incompetence but also I
don't know what my grounds are for further complaint. I intend to shred
the offending document. It did occur to me though that if I have
someone elses, where is mine?
Thoughts please.
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