EXPERIAN... The final battle commences

[phatram]

Subbing

[Sparkie1723]

Subscibing to this thread, have a personal interest in this as I have allready written to Experian in a similar vein as Finlander and so far the ony answers I have got to most of the question posed by Finlander is and I'll post these later as soon as I can in between my big fight with RBS over a default and lots of other claims....But most of my questions and allegations received the reply....no comment.....no comment .....no comment from Experians compliance unit.

I've give them somehing to think about and finlander is going to give them some more .....the more letters to Experian will make things happen.


sparkie

[lickthewallfatboy]

subbing

[sosumi]

Subbing and linking!!!

[car2403]

I'm not wanting to burst your bubble here, but I do think this is ground some of us have already tread;

Defaults - background, removal methods, challenges and taking a claim to Court

[Goldlady]

Subbing. This will be my next big mission - have already got one of four relating to the same debt removed by Experian. Quite a few more to go!!

Best of luck

[boss lady]

Hi All

Just read this great thread. Lloyds TSB bless them have recorded two defaults on my credit record without even sending a default notice. I am now ready to join the battle.

[finlander]

car 2403... thanks for that and I have had a read through this and alot of other threads. My thinking is that we tend to get to tied up dealing with the lenders and experian. My plan is simple.

the IOC own guidelines says that if there is a reasonable dispute then the info must be removed. I intend to prove there is a reasonable dispute. If they don't agree and refuse to remove the default I will take experian NOT the lenders to court. The lenders can say anything they like against me in the privacy of their own office it is only when the CRA's publish it that it becomes so damaging. If the lenders have stated an untruth (which I think the Information Commissioners Office own guidelines will help prove they have) it is upto experian to stop publishing. I think this will work.

If the daily mail published an article saying finlander molests guinea pigs because barclays says so then that would be damaging. If I then challenged this and The Daily mails entire investigation consisted of asking barclays and excepting that their 'oh yes it's true' then I think you would agree they would be in serious trouble.

Thats what the CRA's and the lenders are doing. They then tie us up in the 'go speak to the lender' ploy

Concentrate on the publisher .. not the liar. thats my plan

NO letting of the hook...just experian... Justify your data or withdraw

[tifo]

subscribing .....

[tifo]

i assume this all applies to Equifax and Callcredit as well?

[BankFodder]

Originally Posted by vogelrok

this is the last response i got back from them.

Thank you for your queries received on 13 and 16 June 2008. In view of your comments about the Barclays defaults, I am writing to them for you, as I cannot amend your report without their consent.
.

This is at odds with their obligations. It is not a question of consent. It is merely a question of whether the data is carried lawfully

[BankFodder]

Heads up
http://www.consumeractiongroup.co.uk...php?f=84&a=128

[tifo]

Originally Posted by espacedout

I included a reference to the Woodbridge Lease precedent leaving Experian in no doubt that they will need to be 100% confident of the DCA's assertions if they are to avoid litigation.Even "nearly right" could be very expensive for Experian.

What's the relevant part in this case law?

[finlander]

No answer or acknowledgement of my letter yet.

Thanks bankfodder for that link. i think that the banks that register a default when the claim is already in the court and stayed are on a really really stick wicket.

THE CRA's definately are. The Information Commissioners Office definately says that if there is a dispute all information should be deleted. How much more of a dispute can you get?

Im hoping this tactic I am going to try will work for bank charges defaults and CCA requests. Both of these must be considered serious disputes. One is subject to a test case and the other is an allegation of a breach of consumer credit law.

I'm not sure how effective it will be for those without a dispute getting the entries removed and I wont be able to find out as all mine are in dispute.

But for those people I would say that the Information Commissioners Office still says that the CRA's must be able to prove that the correct procedures were followed , default notices etc.. so it's still worth a push....

[tifo]

i will make a start as well on CRAs. It's about time i think.

[Sparkie1723]

Originally Posted by tifo

i will make a start as well on CRAs. It's about time i think.

Yes tifo, The more people who really challenge the CRA's the more likely we will get fairer treatment instead of being ignored and "walked over".


sparkie

[tifo]

Originally Posted by Sparkie1723

Yes tifo, The more people who really challenge the CRA's the more likely we will get fairer treatment instead of being ignored and "walked over".


sparkie

Thanks sparkie,

I've read with interest your posts on CRA entries and have had some success previously (only marked for 28 days then re-instated in full) but have not taken further action.

I'm like many people here who has made CCA requests and got nothing back, yet the DCA maintains defaults and harasses for payment.