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Old 3rd November 2008, 23:14   #41 (permalink)
DCA-KING
Gold Account Customer
Default Re: UK26 -V- Experian Limited

check out post 3 section 3.9 and 3.9 2
Provide to the defendant copies of the lenders credit agreements
How many people have sent a CCA and got a letter back stating they int got a agreement so thers no chance of producing one in court??
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Old 6th November 2008, 19:06   #42 (permalink)
UK26
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I am in: Cambridgeshire
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Default Re: UK26 -V- Experian Limited

[Update]

Has you may know, I took court action against Experian Limited for publishing incorrect data.

Andrew Mills applied to the court to have my case struck out and be awarded over £700 of costs.

Today was an application hearing to have the case struck out

Andrew Mills and I both attended court



Hearing lasted for 1.5 hours in total


Outcome was, Application to have my case struck out was dismissed, and the judge ordered Case Allocation Questioner to be sent to claimant to be completed and returned.



Andrew Mills invited me after the hearing for a quick chat.

He as now agreed to go back to the banks and question the data again, but also ask to see proof.

Andrew Mills, wanted me to suspend my case, pending there investigation into my disputes. I advised Andrew Mills, that I would only allow this, if they remove the data now or block it from being seen by other lenders. He denied this, so AQs will be filed with the court.

Last edited by UK26; 6th November 2008 at 19:11.
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Old 6th November 2008, 19:15   #43 (permalink)
Hadituptohere
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Default Re: UK26 -V- Experian Limited

Go get them UK, well done and im sure you've got them quaking in their boots.
keep us posted

Hadituptohere
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Old 6th November 2008, 19:22   #44 (permalink)
kiptower
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Default Re: UK26 -V- Experian Limited

keep it up mate , been following this elswhere direct with you as you know "moto"

its time they were brought down
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Old 6th November 2008, 20:05   #45 (permalink)
Sparkie1723
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Sparkie1723 Highly informativeSparkie1723 Highly informativeSparkie1723 Highly informativeSparkie1723 Highly informativeSparkie1723 Highly informativeSparkie1723 Highly informative
Default Re: UK26 -V- Experian Limited

Hi UK26
They do not want your case heard in court
They don't want to attempt to pull the wool over a judges eyes the same way they do with a data subject.....I will bet before they will allow it to go to a full hearing they will offer you quite a bit of compensation linked to a non disclosure agreement.

sparkie
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Old 6th November 2008, 20:30   #46 (permalink)
UK26
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Default Re: UK26 -V- Experian Limited

that would be interesting
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Old 6th November 2008, 21:52   #47 (permalink)
Jesteruk
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Default Re: UK26 -V- Experian Limited

Excellant result well done
I noticed they said they would check proof, they should do that anyway when the consumer brings a complaint up! cheeky blighter!

Good luck
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Old 6th November 2008, 22:04   #48 (permalink)
humbleman
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Default Re: UK26 -V- Experian Limited

Excellent.

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.
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Old 6th November 2008, 23:20   #49 (permalink)
DCA-KING
Gold Account Customer
Default Re: UK26 -V- Experian Limited

We will Check they should have done that bloody before i would have said well i thought you carried out checks?
i would not back down now even if they offer you out of court to drop it hes crapping himself thats why he wanted a chat???
i would write and tell them if they contact you will look forward to seeing you in court
bet this will not get to court
I had the same problem with someone i worked for took it to court for Damages For PTSD they asked can we have a meeting with you and you legal team YES OK
went along we would like to settle out of court THEY GOING TO ADMIT THEY WERE WRONG no
ok see you in court BYE
7.30pm night before court gets a call off them with a offer we will meet you and legal team at your home if you agree NO see you tomorrow goodnight
9pm get a call from my legal team with a offer of them they will give me the full 30yrs service and medically retire me and X amount if you agrre tonight SORRY HAD TO TAKE THE OFFER IT PAID OFF MY MORTGATES AND SET MY KIDS UP WITH A GOOD TRUST FUND
boy didnt they sweat working till 10.30pm panicing to sort it before 9.30am god i loved having them on a run around they even paid for me to have a taxi 40 mile round trip to sign told them they not welcome to come to my home
keep them on the run
Regards DK
but in afriaid will todays credit crunch if the offer is good you gota take it but hold out till last minute
or we could always let it run to set a presedece and all CAG members donate a quid or 2 each to match there offer i know i would
because if you win we can all go get them
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Old 6th November 2008, 23:37   #50 (permalink)
Hadituptohere
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Default Re: UK26 -V- Experian Limited

here here DK, can you imagine, the floodgates would be well and trully open. there are so many people behind UK and this thread
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Old 7th November 2008, 00:46   #51 (permalink)
UK26
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Default Re: UK26 -V- Experian Limited

Thanks guys for your support, Mr Mills ant a happy bloke lol

I'm looking forward to the trial and watching Experian try there best to wiggle out of this lol
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Old 7th November 2008, 08:36   #52 (permalink)
UK26
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Default Re: UK26 -V- Experian Limited

Hi

How would i apply for Summary Judgment?

Quote:
Originally Posted by humbleman View Post
Excellent.

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.
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Old 7th November 2008, 12:04   #53 (permalink)
humbleman
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Default Re: UK26 -V- Experian Limited

Quote:
Originally Posted by UK26 View Post
Hi

How would i apply for Summary Judgment?
Think you just fill N244, and no. 3 where it says what order are you asking the court to make, you would just say you want a summary judgment, since you don't think that the defendant has any prospect of defending this, thus no reason for it to go to trial, and you want to deal this by way of a hearing.

I am sure other experts will help fill in the missing bits.
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Old 7th November 2008, 12:30   #54 (permalink)
mahharg
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Default Re: UK26 -V- Experian Limited

Subbing

Hi UK26 I am watching with interest good luck although I don't think you will need it. If they could defend and were confident they will win why would they want to speak to you out of court at all?. As been said before...go get 'em.

DK your post #49 made me smile that was def' a victory well done for you and your kids although no more than you deserved.
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Old 7th November 2008, 12:52   #55 (permalink)
DCA-KING
Gold Account Customer
Default Re: UK26 -V- Experian Limited

Mnay Thanks yes it was a victory conciding my employer was a Police force!!!!
Regards DK
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Old 7th November 2008, 15:37   #56 (permalink)
Pab10
Basic Account Customer
Default Re: UK26 -V- Experian Limited

UK,
Watching with great interest.....
Keep it up!
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Old 7th November 2008, 19:01   #57 (permalink)
davethorp
Platinum Account Customer
Default Re: UK26 -V- Experian Limited

Subbing, very interested in the outcome of this. I was planning something similar against the CRAs last year but had to put it on the back burner
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Old 7th November 2008, 19:02   #58 (permalink)
davethorp
Platinum Account Customer
Default Re: UK26 -V- Experian Limited

Quote:
Originally Posted by Jesteruk View Post
Excellant result well done
I noticed they said they would check proof, they should do that anyway when the consumer brings a complaint up! cheeky blighter!

Good luck
Never mind when the consumer complains. They should do it for each and every item of data they hold. If they aren't able to do that due to the volume of data they hold they either need better systems or less data
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