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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10169
Experience:  Barrister 17 years experience
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We have just discovered a default for £32 on my husbands

Customer Question

We have just discovered a default for £32 on my husbands credit file. We bought a mobile Internet device for our daughter over a year ago and we specifically asked that we were not tied to a contract as she was coming home in a few months. A few days later the paperwork arrived and we had been tied in to a contract. My husband ran customer services who said we had to take it up with the manager, which we did. We were eventually told that it would be cancelled and no more to pay by manager. We believed it was all sorted until applying for a mortgage today! We didn't get any paperwork or phonecalls,even though we all have EE phones paid for by my husband! We have been saving for 7 years to build our own house and we can't get a mortgage because of this! Can we do anything?
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. As you probably know, under the Data Protection Acts, you must first seek the Data Controller who holds incorrect information about to correct that information. Accordingly, you need to write to each of the credit reference agencies who hold the incorrect information from EE about you and ask them to correct that information, as what they now hold is incorrect. Here is a link to the website of the Information Commissioner which sets this out for you. https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/.

2. Secondly, you sue EE for defamation. It is defamatory of someone to publish incorrect or false information about them. Here EE published incorrect information about you which directly affected your ability to get credit. So you have suffered damage. Be aware that the level of monetary damages you will receive for a defamation of this nature is about £10,000. So I would suggest you get a solicitor and issue proceedings against EE.

3. Upon repair and correction of your credit file, you will then be able to renew your credit application and have it successfully dealt with.

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