UK26 -V- Experian Limited

[UK26]

Also, the judge said there defence was very weak. Mr Mills said to the Judge, Sorry, he dont want to waste the courts time

[UK26]

Can someone give me all the info, i need to put in a N244 to apply for a summary judgement?

[mahharg]

Sorry UK26 not a N244 answer. Sorry to all other caggers but this question has been burning inside me all day and to be honest I feel that I must not be the only one thinking this right or wrong. But to get the right info is what we are all here for...to help eachother. Now for the question...would it not have been easier to serve the court papers on the Creditors that put the details on your file in the first place this way they would have had to answer and therefore because they could not supply the correct documentation would have almost def' removed your details from the CRA files. Please understand UK26 I think what your doing is brill and am behind you. These CRA's must think the law don't apply to them.

[scampy]

well done uk26 keep going you will win and i will learn from you and i will be suing equifax then for failing to remove incorrect data about myself.

i am learning lots and let us all sue the cra's now when they put incorrect data on our files

alll the best uk26 i will be looking every day at your brillian posts

[Jesteruk]

Originally Posted by mahharg

would it not have been easier to serve the court papers on the Creditors that put the details on your file in the first place

Better to take one company to court and get say 4 incorrect pieces removed then to take 4 companies to court. And your also liable to recieve compensation as well.

Originally Posted by mahharg

because they could not supply the correct documentation would have almost def' removed your details from the CRA files.

Experian ONLY remove information if told to do so by either the company providing the info, The courts or The Information Commisioner.
They ignore all requests from Joe Public to remove, DESPITE them recieving proof the info is incorrect.

I hope this gives a better understanding of his actions, Im sure if im incorrect he will pop along and say so

[69d]

Originally Posted by Jesteruk

Better to take one company to court and get say 4 incorrect pieces removed then to take 4 companies to court. And your also liable to recieve compensation as well.



Experian ONLY remove information if told to do so by either the company providing the info, The courts or The Information Commisioner.
They ignore all requests from Joe Public to remove, DESPITE them recieving proof the info is incorrect.

I hope this gives a better understanding of his actions, Im sure if im incorrect he will pop along and say so

I have had my default removed today regarding a non enforceable hp agreement,it took 3 weeks to sort with Experian,they fobbed me off with the commissioners office,they cannot remove the default without the lenders consent and the commisioners office,bla, bla, bla,so i threatened them to remove the default by 12 o clock yesterday,this has happened they have no evidence from the lender so they have suppressed the information,quote the data protection act section 41 43 etc you can download the act from the following link www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf
and threaten them with court action unless they can substantiate from the lender the default is correct.they are only a company not a government body if they dont comply with English Law threaten to libel them if the information is incorrect.

[DCA-KING]

Do you have a template of the letter you sent them
Regards DK

[UK26]

Thanks for the continued posts guys, all this helps with my case

[69d]

Originally Posted by DCA-KING

Do you have a template of the letter you sent them
Regards DK

Just click on the link in my post above and print out then disect the relevant data protection rules thats relevant to your case, but you must make sure you have compelling evidence to have a default removed from a solicitor/barrister because it must be truthfull its very self explanatory when you read the act dont let them fob you off keep harrassing the CRA weekly,as they are harrasing you credit report and your worthiness for credit,they are only obliged to comply within the data protection act,and it does not overide English Law.

[UK26]

[Update]

[Hadituptohere]

Thanks for the update, keep up the excellent work

Hadituptohere

[UK26]

The Allocation Questionnaire gives hint that this case will go fast track

N150 been given to me to complete and not the normal N149


Need your help guys, i would like to make it really hard for experain

any suggestions on completing this AQ?

Proposed directions?

Which track do you consider is most suitable for your claim?

[Sparkie1723]

I would try and keep it to the small claims track....if it goes to fast track and do happen to lose you will be liable for Experians costs.
Also I would remind you the Information Commissioners Office legal Guidance also reminds data controllers that as well as complying with the Data Protection Act, they must also abide by all other statutes, laws, regulations and guidelines both statute and common law.

sparkie

[humbleman]

Wonder why Experian would want to incur substantial legal costs in defending this case, even in the very unlikely event they win, the claimant might not have the ability to pay their costs which would run into £1000's. Now multiply this by 100 claims or maybe 1000.

[UK26]

[Update]

Just sent the below email to Mr Mills

Dear Mr Mills
I now draw your attention to Section 42 and 45 of http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

Unless you can confirm to me, the defaults in question have been removed within the next 24 hours, I will be filing an application at court for summary judgement against Experian.

Please also note, I have received the Allocation questionnaire from Peterborough County Court. The fee required to send this to the court is £200.00 and I will ask all my legal costs in obtaining judgement to be awarded on top of any compensation.

I await your response.

UK26

[Sol]

Good luck UK26

[UK26]

AQ

[kiptower]

keep it up "D" going well