UK26 -V- Experian Limited

[UK26]

all i want is for the data to be removed, if they can do that without a court order then fine. just means i wont get a nice payout.

[Allwood]

Oh, I want them to go to jail and stay there for life!!!!

[UK26]

[update]

Mr Mills just sent me the below email.

hes not giving much time to comply with a Part 18 request

Also, the info they request in this part 18 is sensitive. now should this be listed for small claims, then part 18 has no use.

so i have a couple of options but for the nature of them, i need someone to pm me for advise

Mr UK26,

Thank you for your email.

Further to the recent hearing and the suggestions of the District Judge, I enclose with this email:

• Request under CPR part 18 as both a Word form that you can complete and as a PDF
• Copies of CRP part 18 and the practice direction to CPR part 18.

Separately, I also attach a copy of a note from the Information Commissioners Office to Experian of 6 December 2006.

I look forward to receiving your response by 28 November 2008.

Yours sincerely,

Andrew Mills
Head of Intellectual Property & Litigation
Solicitor & European Trademark Attorney
Experian | Landmark House | Experian Way | Nottingham | NG80 1ZZ | United Kingdom |
T: +44 (0) 115 828 6425 | M: +44 (0) 7854 116 179 | F: +44(0)115 828 6342 | andrew.mills@uk.experian. com

[davethorp]

Originally Posted by Allwood

Oh, I want them to go to jail and stay there for life!!!!

Sounds good to me

[UK26]

Here are some of the questions Mr Mills has put in his Part 18 Request

16 Pages long, with 53 Quesitons in total



Example of Default Questions asked

Section 1.

To which original lender do you say that this C1 entry relates?
Confirm whether it was Barclays Bank PLC (Woolwich) or another
lender.

Section 2.

Please say whether you believe the C1 entry should be in the name
of Lowell or the original lender and why.

Section 3.
Did you borrow any money at all from the original lender in
connection with the C1 entry?

Section 4.

Did you make payments on the account to which the C1 entry relates
before 21 September 2005?

Section 5.
The C1 entry says that you defaulted on £1474. If you dispute
charges applied by the original lender or Lowell, please confirm how
much of the £1474 you dispute and what you believe the correct
sum is for the amount that you borrowed but did not repay.

Section 6.
Was 52 ******** Road the address you used when you applied for
the credit to which this C1 entry relates? If not, what do you say is
the correct address for this entry?

Section 7.
On what date would you say that you stopped making payments on
the account to which the C1 entry relates?

Section 8.

Is your name correct on this C1 entry? If not, what do you say it
should be?

Section 9.
Is your date of birth correct on this C1 entry? If not, what do you say
it should be?

[ They are asking Section 1 to 9 - on every Default ive disputed]

Section 48

You say that the Defendant has failed to meet any of the conditions
in Schedule 2 of the Data Protection Act 1998. In particular, for each
of the disputed account entries and disputed address links, please
specify why you say that neither of the conditions in paragraphs 1, 2
or 6 applies apply.

Section 50
Please specify which parts of your credit file you say contain an
expression of opinion by the Defendant.

Section 51
Please specify what damage you say you have suffered together
with a breakdown of how you have arrived at that amount.

Section 52

For the damage that you say that you have suffered, please specify,
for each item of damage you allege, how you say that the Defendant
caused such damage.

Section 53
To which parties do you say that Experian ought to give notice if the
Court were to grant an order under section 14(3) of the Data
Protection Act 1998?

[BigEddieChek]

Originally Posted by UK26

Here are some of the questions Mr Mills has put in his Part 18 Request

16 Pages long, with 53 Quesitons in total...

My goodness, have you ever got them by the jaffas!
A lot of the questions are not relevant, in my opinion.

You can do a lot of damage to them UK26 - go for it!

[davethorp]

Jesus

[UK26]

Should i reply to this request?

[BigEddieChek]

Originally Posted by UK26

Should i reply to this request?

I'm no expert; but if you are not required by law, then don't.
But I am not sure.
Someone will give you an answer soon though.
Their argument seems to be based on account management, which is nothing to do with them really.

[UK26]

look at this

[UK26]

I think they are trying to get me to weaking my case.

my understanding that, this case will be listed under the small clams track, and so a part 18 request does not apply. however, this case has yet to be allocated so not sure if part 18 can be used and if so can the court enforce it before the case is allocated.

Originally Posted by BigEddieChek

I'm no expert; but if you are not required by law, then don't.
But I am not sure.
Someone will give you an answer soon though.
Their argument seems to be based on account management, which is nothing to do with them really.

[Sparkie1723]

The Information Commissioners Office letter says that it is in the legitimate interests of other lenders...it is also in the legitimate interests of the data subjects who's interests over ride the rights of the data controller....who said so????? the Information Commissioners Office ....so that is a completely ambiguous statement that must be clarified by the courtsalso in iminges on you stautory rghts under Article 8 of the European Convention on Human Rights ....the rights to privacy and personal correspondence....the European Human Rights also states quite clearly with reference to data that a data subject has THE RIGHT to have incorrect data corrected.
Both Mr Mills and the Information Commissioners Office have overlooked these facts.

Furthermore in my view you will still be a candidate for compensation even if they do remove the info freely


sparkie

[Sparkie1723]

PS to my previous post I am pretty certain you are not required by law to answer those questions pre trial if it weakens your case.
I asked similar questions of the RBS in my case against them and the judge agreed at allocation hearing the RBS did not have to answer them as it would have left them without any defence whatsoever, I've never understood that but thats the way it is.
sparkie

[UK26]

does it say this under Section 18. just want to make sure im fully covered by not answering the questions. Once it gets allocated they are stuffed anyway.

[spark1]

UK26

found some other posts in regards to cpr 18:

Cobbetts Cpr part 18 request/CPR part 16.4.1

CPR Part 18

info on it:

http://www.pinsentmasons.com/PDF/Req...nformation.pdf

hope this helps

Spark1

[UK26]

I acknowledge receipt of your request for further information and clarification under part 18 of the civil procedure rules.

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will wait until the hearing, at which I will ask the judge for guidance on the best way to respond to you.

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

However, for clarity I will attempt to answer some of your questions, which I set out as below.

what i plan to do, is answer some of the questions but not all of them, and not use there template as requested, i will simply put it into a letter

[UK26]

How much compensation could i ask for?