5 ms·

Lawyer up and sue. I'm assuming you're American because you referenced Experian. FCRA gives you two years.

justin66 12y ago
Or just camp out outside Experian's hq and try to destroy their headquarters using psionic powers. Concentrate really hard! Equal chances of success as suing them but considerably less expensive.
- enraged_camel 12y ago
  >>Equal chances of success as suing them but considerably less expensive. Also considerably more likely to get you arrested, possibly with overwhelming force.
  - clem 12y ago
    Stop the unlawful use of police force against mutants!
  - TeMPOraL 12y ago
    > Also considerably more likely to get you arrested, possibly with overwhelming force. Which could possibly cause media attention and Internet outrage, so it still feels like a better option than suing.
- PhasmaFelis 12y ago
  You're right. We should all just stay quiet and know our place.
- ensignavenger 12y ago
  I didn't sue Experian, but I did sue a collection agency that was reporting an account that wasn't mine- their lawyer called and agreed to have everything removed. I didn't hire a lawyer myself, I filed Small Claims. While it was a pain, it didn't take long after filing the suit to get the record cleared up. If it happens again, I'm going to file suit much faster.
teh_klev 12y ago
Sadly we have to put up with Experian (and Equifax) in the UK as well. The third most popular agency being CallCredit which for me didn't even have a fraction of my credit history thus causing me severe difficulties when I was arranging a simple mobile phone contract! There needs to be better regulation of these outfits with regards to who gets this data and completeness of data.
- linker3000 12y ago
  It is also very disconcerting that these credit rating companies offer a non-free service to help you improve your credit rating score. That seems pretty damn close to being like a protection racket.
  - teh_klev 12y ago
    And even when you do pay them they still can't get it right. My bank made a huge error after I separated from my ex-wife back in 2004. When we dissolved the joint account they updated all my addresses to her address and then maintained her as a "linked" person despite us having no financial ties or liabilities. It took months to fix the address thing and still ten years later I cannot get them to competently resolve the "being financially linked" data error. Sure this was a data provider that caused the problem and they should be responsible for fixing it. But in the end it became impossible to fix because there is no single department in the bank through which the credit record data is passed. Trying to work with the credit scoring agencies was futile because they just bounce you back to the data provider telling you to tell them to fix their data. It's like living the the world of Terry Gilliam's Brazil.
    - vidarh 12y ago
      It may be like living in Gilliam's Brazil, but we do actually have fairly good protections against this that can usually be used to break out of the bureaucratic nightmare: (this should be obvious, but just to be sure: IANAL) Send them a letter where you give them 1 month to resolve the problem, providing full documentation that you are divorced and point that as such the information is incorrect, and that under the Data Protection Act they are legally obliged to ensure incorrect personal information about you is amended or deleted. If you have past correspondence with them where they acknowledge the information is incorrect, then provide copies. Inform them that if the matter is not resolved, or they have contacted you to agree on how to resolve it, within 30 days, you will file a formal complaint with the Information Commissioner (ico.org.uk). Provide the same notification to the bank (ensure it is addressed to the legal department). The credit scoring agencies has a legal obligation under the Data Protection Act to ensure personal information is correct. This applies to all organizations subject to EU data protection rules (which is pretty much everyone with very limited exceptions). That the data comes from a third party is not an excuse if you have provided documentation that the information is wrong. (it may be reasonable that they refer you there first, but if you have tried to get the bank to fix it, and they've not, then it is not reasonable for them to continue to insist). Ultimately, if even the ICO can not get them to budge, go to a lawyer. Failure to rectify this information is blatant violation of the principles of the Data Protection Act, and you can get a court order to have the information corrected, and in some cases even require that they contact every recipient of the flawed information. In your case this is important. If either one of you goes bankrupt e.g. you risk the other ones credit score being ruined for about a decade. But frankly, in most cases a threat about a complaint to the ICO ought to be enough. If you've written a letter and complained to ICO, and they fail to correct the information, then a court case will be a walk in the park. Also note that in certain circumstances you may be due damages incurred as a result of the incorrect information. See: http://ico.org.uk/for_organisations/data_protection/the_guide/principle_6/correcting_inaccurate_personal_data http://ico.org.uk/for_organisations/data_protection/the_guid... A last consideration: The Data Protection Act also provides you with some means of insisting that certain types of decisions are not taken automatically, or to have automated decisions reconsidered. This provides you a fallback if e.g. you are often refused credit based on automated scoring based on the flawed data. You can notify the bank in advance in writing that you do not consent to automated decision making, and providing documentation of the divorce, or you can demand a manual reconsideration afterwards (and provide the same documentation).

Or just camp out outside Experian's hq and try to destroy their headquarters using psionic powers. Concentrate really hard! Equal chances of success as suing them but considerably less expensive.

enraged_camel 12y ago
>>Equal chances of success as suing them but considerably less expensive. Also considerably more likely to get you arrested, possibly with overwhelming force.
- clem 12y ago
  Stop the unlawful use of police force against mutants!
- TeMPOraL 12y ago
  > Also considerably more likely to get you arrested, possibly with overwhelming force. Which could possibly cause media attention and Internet outrage, so it still feels like a better option than suing.
PhasmaFelis 12y ago
You're right. We should all just stay quiet and know our place.
ensignavenger 12y ago
I didn't sue Experian, but I did sue a collection agency that was reporting an account that wasn't mine- their lawyer called and agreed to have everything removed. I didn't hire a lawyer myself, I filed Small Claims. While it was a pain, it didn't take long after filing the suit to get the record cleared up. If it happens again, I'm going to file suit much faster.

teh_klev 12y ago

Sadly we have to put up with Experian (and Equifax) in the UK as well. The third most popular agency being CallCredit which for me didn't even have a fraction of my credit history thus causing me severe difficulties when I was arranging a simple mobile phone contract! There needs to be better regulation of these outfits with regards to who gets this data and completeness of data.

linker3000 12y ago
It is also very disconcerting that these credit rating companies offer a non-free service to help you improve your credit rating score. That seems pretty damn close to being like a protection racket.
- teh_klev 12y ago
  And even when you do pay them they still can't get it right. My bank made a huge error after I separated from my ex-wife back in 2004. When we dissolved the joint account they updated all my addresses to her address and then maintained her as a "linked" person despite us having no financial ties or liabilities. It took months to fix the address thing and still ten years later I cannot get them to competently resolve the "being financially linked" data error. Sure this was a data provider that caused the problem and they should be responsible for fixing it. But in the end it became impossible to fix because there is no single department in the bank through which the credit record data is passed. Trying to work with the credit scoring agencies was futile because they just bounce you back to the data provider telling you to tell them to fix their data. It's like living the the world of Terry Gilliam's Brazil.
  - vidarh 12y ago
    It may be like living in Gilliam's Brazil, but we do actually have fairly good protections against this that can usually be used to break out of the bureaucratic nightmare: (this should be obvious, but just to be sure: IANAL) Send them a letter where you give them 1 month to resolve the problem, providing full documentation that you are divorced and point that as such the information is incorrect, and that under the Data Protection Act they are legally obliged to ensure incorrect personal information about you is amended or deleted. If you have past correspondence with them where they acknowledge the information is incorrect, then provide copies. Inform them that if the matter is not resolved, or they have contacted you to agree on how to resolve it, within 30 days, you will file a formal complaint with the Information Commissioner (ico.org.uk). Provide the same notification to the bank (ensure it is addressed to the legal department). The credit scoring agencies has a legal obligation under the Data Protection Act to ensure personal information is correct. This applies to all organizations subject to EU data protection rules (which is pretty much everyone with very limited exceptions). That the data comes from a third party is not an excuse if you have provided documentation that the information is wrong. (it may be reasonable that they refer you there first, but if you have tried to get the bank to fix it, and they've not, then it is not reasonable for them to continue to insist). Ultimately, if even the ICO can not get them to budge, go to a lawyer. Failure to rectify this information is blatant violation of the principles of the Data Protection Act, and you can get a court order to have the information corrected, and in some cases even require that they contact every recipient of the flawed information. In your case this is important. If either one of you goes bankrupt e.g. you risk the other ones credit score being ruined for about a decade. But frankly, in most cases a threat about a complaint to the ICO ought to be enough. If you've written a letter and complained to ICO, and they fail to correct the information, then a court case will be a walk in the park. Also note that in certain circumstances you may be due damages incurred as a result of the incorrect information. See: http://ico.org.uk/for_organisations/data_protection/the_guide/principle_6/correcting_inaccurate_personal_data http://ico.org.uk/for_organisations/data_protection/the_guid... A last consideration: The Data Protection Act also provides you with some means of insisting that certain types of decisions are not taken automatically, or to have automated decisions reconsidered. This provides you a fallback if e.g. you are often refused credit based on automated scoring based on the flawed data. You can notify the bank in advance in writing that you do not consent to automated decision making, and providing documentation of the divorce, or you can demand a manual reconsideration afterwards (and provide the same documentation).