UK26 -V- Experian Limited

[UK26]

Thought this would be of interest to members of this forum.

I issued a claim against Experian Limited for removal of disputed data from my credit file.

They have refused to remove the data at my request so a claim was issued in Peterborough County Court.

I have many documents to scan which will take an hour or two. However, I will have them all up asap.

Any feedback would be welcomed and any help with my statement of case would be appreciated.

[UK26]

[UK26]

*** all Defence Documents Available Soon - Still Scanning - ***

Summary

(a) N244 Application Notice - 2 Pages
(b) Witness Statement of Andrew John Mills - 4 Pages
(c) Defence of the defendant - 11 Pages





----------------
Witness Statement





-----------------
Defence of the Defendnat

[UK26]

Defence of the defendnat - Continued









End of Defence

[UK26]

{Exhibits from the Defence}
Now scanning

Summary

(a) Exhibit AJM 1 - 4 Pages
(b) Exhibit AJM 2 - 4 Pages
(c) Exhibit AJM 3 - 11 Pages

Exhibit AJM 1

----------------------------

Exhibit AJM 2

-----------------------
Exhibit AJM 3 - Continued at Post Number 8

[reallymadwoman]

I think that your Particulars of Claim should have set out exactly which bits of data are disputed and why, e.g.

'Credit file dated xx/xx/xx states that an amount of £xx.xx is owed to XXX. No such amount is owed to XXX because ......'

[UK26]

I was going to set all this out in my Statement of Case

[UK26]

Exhibit AJM 3 - 11 Pages

Same as Defence of the Defendnat
See Above

[reallymadwoman]

I may be wrong (I haven't actually tested this myself, yet!) but I think the facts need to go in the particulars of claim. My current case is not quite the same as yours as it's against a creditor rather than a CRA, but this is the particulars of claim that I used reallymad v HSBC
based on various things nicked from around the site. I couldn't actually find anything very similar to my situation, but I did use the same format as other particulars of claim.

[UK26]

Defendnats N160 Statement of Costs

[UK26]

Here is what i have come up with so far. Any input would be of help?

1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998.

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject.

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report.

4. It’s admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct.

The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998, to place a default or continue to allow a default to be published where a legitimate dispute exists.

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

Credit Report – Date Obtained 20/09/08 – Exhibit CR2


Disputed Default Entries

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

Entry Number C3 - HFO Services Limited(Exhibit 2)

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

Entry Number C8 – Capquest (Exhibit 5)



Disputed Address Links

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data beyond the 6-year period. (Exhibit 6)

[UK26]

My Statement of Case

[UK26]

What are your views on the above?

[reallymadwoman]

I'm having a look at the moment and will post my views, for what they're worth, as soon as I can.

[Sparkie1723]

Mr Mills is saying one of the reasons your "claim" should be struck out is because you havent stated what compensation you are claiming...I would argue that you have/are not claiming compensation at this moment in time, you are asking for an order to be made... not claiming damages....these will be claimed on the successful making of the order..... as this will support your claim for damages....and is why they are attempting to block you getting that order. They are worried mate.


sparkie

[reallymadwoman]

Here is what i have come up with so far. Any input would be of help?


Quote:
1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998. quote the specific section

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject. again quote the specific section

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report. specifically, which data? say which lender and which specific bit of their information you are disputing - just found the list at the bottom, but I think it needs to go here

4. It’ is admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct. The defendant contacted the claimant on xx/xx/xx stating that ..... (if applicable)
The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998 quote the sections, to place a default or continue to allow a default to be published where a legitimate dispute exists.

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

Credit Report – Date Obtained 20/09/08 – Exhibit CR2


Disputed Default Entries

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

Entry Number C3 - HFO Services Limited(Exhibit 2)

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

Entry Number C8 – Capquest (Exhibit 5)



Disputed Address Links

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data again I think you need to specify exactly which bits and how old they are beyond the 6-year period. (Exhibit 6) also you may want to say that 6 years is normal industry practice