Protecting Your Credit History From Erroneous Credit Reports



You purchased an Equifax credit report at which time you discovered that creditors that have been listed have been done incorrectly. You filed a dispute with Equifax as to the erroneous credit reporting. The errors were pointed out the credit report ,attempts to correct same without success. You have received correspondence from Equifax that the reporting was correct and as such no changes would be made to the reporting which would delay’s your ability to rebuild credit impacting your credit rating and standing.

The issue of the standard of care an/or duty of care owed by Equifax in this matter is well outlined in the case of Spencer v. Equifax Canada Inc., 2011 ONSC 7284 (CanLII)

If specific facts are established in an action the can will be successful. Some of these facts that will have to be established are as follows;
a) knowledge and/or notice on the part of Equifax as to the potential for and/or existence of an error in their reporting
b) a failure to properly investigate if investigate at all
c) the insufficient nature of the investigation
d) the failure to investigate the reports of the reporting party (bank) and/or deal with them directly
e) an arbitrary refusal to take corrective action

The general liability of Equifax and the banks is confirmed in the decision of Clark v. Scotiabank, 2004 CanLII 34438 (ON SC)
If there is an action in negligence against a credit reporting agency and the relevant creditors, the claimant would be entitled to any damages that can be established factually as well as general damages arising from the defendants’s conduct with the possibility of additional punitive damages

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Thus if you believe that your credit rating has been impacted by inaccurate or negligent reporting contact us either by phone or email at; (647) 270-0811 or info@mississaugaparalegal.ca and we will assist you in discovering whether you have remedies that can be pursued.