car2403 -v- o2 (& Wescot DCA)(Default removal)

[orfoster]

Wow, very long and looks good to me. £1000 I could actually see them awarding that to you as the damage the default has done to you. When are you planning on proceeding?

[car2403]

I'll be progressing with all 4 claims next week - they have until today to respond to the LBA's.

[car2403]

Originally Posted by orfoster

£1000 I could actually see them awarding that to you as the damage the default has done to you.

There is a legal precedent for pricing a Default in this way;

http://www.consumeractiongroup.co.uk...g-default.html

N1's prepared - 2 for D.P.A. S.A.R. enforcement and 2 for Default removal - these will be in the post to my local Court on Monday.

[tifo]

Originally Posted by car2403

N1's prepared - 2 for D.P.A. S.A.R. enforcement and 2 for Default removal - these will be in the post to my local Court on Monday.

Good.

I need to issue a few N1's for unlawful defaults soon but mine are easier as the DCA has admitted to a breach of the Data Protection Act in writing and to the I.C.O, they just won't offer anything for the damage this caused me.

[car2403]

Originally Posted by car2403

N1's prepared - 2 for D.P.A. S.A.R. enforcement and 2 for Default removal - these will be in the post to my local Court on Monday.

All 4 claims issued;
Issue date - 20 November
Served date - 22 November
Response date - 6 December

[car2403]

I have had a reply from O2 to the latest letter I sent them with regards the 2nd Account Default - bear in mind they have NEVER replied to the original letter dated 11 August 2007, nor have they EVER replied to the 5 letters that I've sent on this account; (not held by me, but my OH that I'm doing this for)

Complaint Review Service
PC Box 116
Leeds
LS1 1 5DS

Phone: 0845 3300684
Fax: 01133881153

26 November 2007

Email: mark.robinson@O2.com

Our reference: ******
Mobile phone number: ***** ******

Dear car2403

Thank you for your recent letter regarding the information we’ve placed on your credit file.

[Recent? It's taken you over 15 weeks to reply - now you're saying it was recent?]

I’m sorry you didn’t receive a response to your earlier letters. I’ve tried to locate them but I can’t find a record of them on our systems. I’m therefore unable to give you a reason why you’ve not received a reply to them.

[Don't bother, Mark, because no replies were EVER sent!]

Legally 02 have to load an accurate record of the payment history of an account and having checked the billing record the information loaded on Equifax/Experian is an accurate representation of the payment history for the above phone number.

[And where is your "Legal" authority for that, which I did ask you to provide in the letter? How can it be an accurate record when you can't prove that I "agreed" to pay you anything by providing the evidence I've asked for?]

Please note that this information will be held on your credit file for six years from the date that the information was added.

[And where is your "Legal" authority for that, which I also asked you to provide in the letter?]

You may wish to note that section 10 of the Data Protection Act does not apply were the processing is necessary for the performance of a contract to which the data subject is a party. There clearly was a contract being performed when you took service under your airtime contract. This contract required you to pay consideration to us for the services we provided to you. Although we are no longer providing the services your obligation to pay under the contract is outstanding. We therefore have the right, under your airtime contract, to continue to process your personal data.

[Which contract is that, Mark, as you have NO evidence of any contract being in existence?]

I’ve also included a copy of a letter we received from the Information Commissioners Officer in relation to credit agreements and data sharing.

[Excellent, but, sadly, totally irrelevant as this isn't a Credit Agreement - you can see this attachment here;

6 November 2006 Credit agreements - Data sharing

But, we know this isn't new information, as they used that argument here when I had them on the run as well;

http://www.consumeractiongroup.co.uk...ml#post1208885]

I hope this provides you with the information you require.

[Not really - see you in Court, Mr. Robinson!]

Yours sincerely


Mark Robinson
Complaint Review Service

Feel free to ring/email him with your disgust, if you feel strongly enough! I won't bother because I'll just use this as evidence in my case and probably blow them away in the process. (The only difference between this claim and the other one, for the same Default removal issue held by me personally, is that this account only has a £9 balance remaining on it - they aren't getting that neither!)

[orfoster]

Hi, Have you heard any more about your claim with O2?

[car2403]

Nope - last day for Acknowledgement of Service is today. I've had nothing from the Court, but they tend to be a few days behind anyway - if I haven't heard anything before Monday, I'll request Judgment by Default on all 4 claims.

[orfoster]

Wow, fingers crossed.

I feel that if I do it I won't be so lucky though.

[orfoster]

Reading your Sig, you have 4 claims all against O2?

[car2403]

Yeah - this is a bit confusing;

• 1 x my account with O2, challenging Default recorded
• 1 x other halfs account with O2 challenging Default recorded
• 2 x Data Protection Act S.A.R - (Subject Access Request) claims for failing to supply within 40 days (now some 65+ days since they received my request) - that's one for each of the 2 accounts above

I probably should have 2 threads, for each Default claim, really - but it's the same issue on both and they are running alongside each other in the same timeframes, so makes sense to keep to one thread, IMO.

Originally Posted by orfoster

Wow, fingers crossed.

I feel that if I do it I won't be so lucky though.

Nah - fortune favours the brave... or something like that...

[orfoster]

So.....

Come on the suspense is killing me.

[car2403]

God, orfoster, you're more persistant than I am!

I'll see if I get AOS in today's post, or I'll request Judgment by Default tomorrow.

[car2403]

Quick update (for orfoster )

I've got nothing in the post today, so I'll be filing 4 x Judgment by Default requests with the Court tomorrow

[orfoster]

lol. I will be following this week.

I decided at the weekend that I need the default removed.