Not upheld: incorrect information on credit file / credit reference agency dispute handling complaint against Equifax Limited

Decision detail

Summary

Mr C complained that Equifax was incorrectly reporting a fraudulent account opened by company S on his credit file. Although Equifax raised disputes with S and initially added a Notice of Correction, it reinstated the account after S declined to authorize removal. Mr C argued that providing a crime reference number should have been sufficient for Equifax to remove the information. The ombudsman found that Equifax acted fairly because Credit Reference Agencies do not own the data they report and cannot remove information without consent from the data owner, and that Equifax properly informed Mr C of his option to add his own Notice of Correction. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that Credit Reference Agencies do not own the data they report and are not responsible for removing information without consent from the data owner. While Equifax had a responsibility to investigate disputes and did so promptly, it was reasonable for Equifax to reinstate the account information when S did not give permission to remove it. A crime reference number alone does not obligate a CRA to disregard the data owner's response. Equifax also properly informed Mr C of his option to add his own Notice of Correction.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website