UK26 -V- Experian Limited

[thekat1979]

UK26 - I just wanted to offer my support for what you are doing. I don't have any legal expertise at all, but I believe completely in what you are doing. Funny that he asked you to stay your claim in a phone call instead of in writing lol

Good luck x

[Penfold92]

On a side note here, as Data Controllers the CRA's have an obligation to ensure info is correct, legal and accurate as has been stated before.

Did you not write and query things with Experian before starting court action? If so they should already be aware of what you are disputing should they not and so why are they asking for this again?

Only my two bit...

Good luck and watching with interest...

Penfold

[bazaar]

Good luck with this UK26
An intersting point came up on a different thread, its here:- Equitable Notice Of Assignment

Its concerning the DCA's and whether they have full rights to data if they only have partial assignment. If they don't then in your case, maybe Experian have'nt really checked this thoroughly enough and could well be another string to your bow.

[Jesteruk]

Penfold, he probably did query this all with Experian, and knowing Experian they side with the data providor. I have advised them of incorrect info yet they will not do a thing about it, all they ever say is "the data belongs to our client and only they can remove it" trust me i have enough leters and emails stating that! LOL

Its about time Experian were brought to court over there action.

[Penfold92]

Jesteruk,

That is exactly my point, why are they asking for info that they should have investigated in full on initial complaint! Mind you I feel they should be checking ALL info before blindly adding things to peoples files...

Penfold

[Jesteruk]

Originally Posted by 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.

Humbleman - just spotted your post, i dont know if your aware but within Experians T&C's for there clients, there is a clause they the client will cover all costs incurred should court action commence against them relating to the data that they provided, in other words experian will claim it from the company that provided the info.
Taken from Experian T&C

You will protect us, and keep us fully protected, against any claims or actions made or brought against us as a result of:

• you making the Information inaccurate or incomplete (whether by something you do or something you don't do); or
• you using the Services.

This protection will include all losses, damages, costs and other expenses (including any payments we make to settle any claims or actions on the advice of our lawyers) that we have to pay, and you promise to pay us for any loss, damage, cost or other expense. The protection will not apply if we are at fault.

[Jesteruk]

Well to put it this way, all there clients believe there info is correct yet we both know they have errors, and errors are possible. Yet Experian will ALWAYS side with there client. I have written proof that a debt associated to my name is incorrect and should not be on my file , yet Experian will not remove it, nor will the lender. catch 22.
The only other way is via court, which UK26 is doing, as he has failed all other avenues

[Penfold92]

Has anyone else taken a CRA to Court? Do we know of any results as yet? I am waiting for my last Letter Before Action to be answered, then I will Subject Access Request them, then I will go for CC action.

Good luck UK26

[Sol]

hi jester

are you taking court action against experian?

[Jesteruk]

Im still in convo with them, and awaiting the outcome of the LBA i sent them, Once thats been ignored then i will be taking them and the 3 creditors to court. Watching this one though

[Penfold92]

I am confused about something, but am sure it is just an error on the Court letter, but post 70 says on hearing the CLAIMANTS SOLICITORS and defendant in person?

Should this just be the other way around? You did not have counsel did you?

Penfold

[UK26]

Yes you are correct, the court made an error

[humbleman]

Most courts automatically assume that the Banks and CRA's are never defendant's. When they see any big names against an individual, it's alway the individual, that is the defendant

[TickledPink]

Thought I'd add my support for UK26. I have a law degree but the CPR always confused me and I hated learning about the Data Protection Act (tedious).

This thread is full of amazingly wonderful pieces of information.

[south east]

This is a very interesting thread and I admire your courage. I would add that Mr Mills is well aware that his attempts to apply pressure to you by sending you emails and contacting you by telephone is a clear attempt on his behalf to side step Judicial Procedure. I would suggest that Mr Mills is well aware that he must comply with Judicial Procedure and therefore must place any requests he (Experian) has in writing on headed letter paper. It would appear that Mr Mills is acting as a bullyboy worm on the end of fishing rod merely fishing for information , as no doubt Mr Mills is well aware that under procedure he must outline in any request for further information he has on headed letter paper and such written request to be sent by post. In addition I would suggest Mr Mills is well aware he must outline clearly in writing his reasons for asking for any and all information.

Insist all requests from Experian in respect of this legal issue are made in writing on headed paper and sent by post, request all letters sent are done so by recorded delivery and ensure any response you make is also sent recorded delivery. Experian have a legal duty to inform you why they want information from you and for what purpose, if they do not state this clearly in any correspondance you receive from them, then write back stating they have not made clear their reasons for requesting information and clearly point out that they are legally obliged to state why they are they requesting certain information from you, on what grounds and for what purpose.

Experian maybe used to acting as in a dismissive manner in which they choose in respect of consumers but they are more then aware of their legal obligations under Judicial Procedings and may wish to reel their finshing rod in...

Keep a file or file with all the correspondance in it and any court papers servide by you or by Experian and set the file/s into sections, mark each section with a heading and when the file is complete and a court date is set, make a copy of the file for your pusrpose and provide the court with a copy of the file. Make a third copy file for Experian but you will not need to provide them with this file until the court informs you. Experian also have to provide you with file copies of and and all documentation they will be using. You should receive this before the court date and go through the file with a fine tooth comb, make notes against information you believe or know is untrue and gather any firther information you can to prove your case to the Court. If you need to submit information on or just before the Court Hearing date make sure you provide Experian with copies.

I wish you all the very best and should you be sucessful then I hope the matter of the CRA's will be taken for application for Judicial Review in the Public Interest.

[humbleman]

UK26

any progress

[UK26]

not yet, i'm waiting a date for trail now

[Sparkie1723]

Hi UK 26 and all,
I've been digging and have found this in the New Credit Act amendments... my reading of this must include CRA's, I've done a search of the OFT public Register of credit licenses and it appears ( I may be wrong) but my search showed they have not got a license,
anyone any views on this????
If I'm right the this will help UK 26 in his fight.
CRA's are now advertising loans and such stuff as apply here get a quote . Compare loan rates etc.
CRA's provide credit information Services in fact they are the main suppliers of information about the financial status of us all.

Section 25: Credit information services
55. Section 25 amends section 145 of the 1974 Act to include provision of ‘credit information services’ as a type of ancillary credit business. ‘Credit information services’ covers tho