Solicitor sues bank over credit rating

A Solicitor has sued GE Capital Woodchester Bank for libel over information it gave to the Irish Credit Bureau

A Solicitor has sued GE Capital Woodchester Bank for libel over information it gave to the Irish Credit Bureau. Mr Bryan F Fox claimed in the High Court that the bank handed over false written information about him to the bureau.

Mr Richard McDonald SC, for Mr Fox, who lives in Castleknock, Co Dublin and practises at North Circular Road, Dublin, said his client had an impeccable financial record and had never been in arrears to any financial institution.

The case was about two separate applications by Mr Fox for an MBNA credit card, counsel said. Mr Fox filled in the application forms, gave all the necessary details and gave permission to MBNA International Bank to make inquiries as to his financial standing with the Irish Credit Bureau.

As it happened, Mr Fox had a leasing agreement with GE Capital Woodchester and was an exemplary customer, counsel said.

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When applying for the credit cards, Mr Fox discovered that three and a half years previously - about January 1996 - GE Capital Woodchester had written certain words and figures to the Irish Credit Bureau, which had the effect of the bureau issuing a negative report on Mr Fox's credit card applications.

The words and figures had the effect of indicating erroneously that, on one occasion in a trading situation, Mr Fox was seven months in arrears on a contract.

Mr McDonald said Mr Fox's first application for an MBNA credit card was refused in September 1999. A month later, Mr Fox decided to apply for an MBNA credit card again, this time under the auspices of a gun club of which he was a member. His application was again refused. Mr Fox contacted the MBNA and the Irish Credit Bureau and got a print-out of the bureau's details on him.

GE Capital Woodchester, in its defence, admitted that, on January 30th, 1996 it wrote and published the matters claimed of Mr Fox to the Irish Credit Bureau. It denied they were published falsely or maliciously, or that Mr Fox suffered in his character or reputation.

The defence pleads the publication was made in good faith and without malice on occasion of qualified privilege by the bank to the Irish Credit Bureau.

In evidence, Mr Fox said that when he got communications from the MBNA in respect of his applications, he was "stunned" and taken aback and did not understand what had happened.

The hearing, before Mr Justice McKechnie and a jury, continues on Tuesday.