I'm sorry but I disagree. Your claim is not for defamation because the other party is not making a statement which is seriously damaging your character. Your correct claim would be for breaches of the Data Protection Act. Additionally you have grounds to complain to the Information Commissioner. In any event defamation claims cannot be commenced in the County Court - it is a High Court claim.

Anybody thinking of taking legal action against a lender must read this very important case where the issue is enforceability of a regulated consumer credit agreement and reporting information about an account to a credit reference agency. McGuffick v RBS (2009) The Court held - (i) The effect of the unenforceability under s 65 of the CCA 1974 was that the rights of the creditor and corresponding liability of the debtor continued to exist but were unenforceable. (ii) However, reporting to credit reference agencies and related activities did not constitute enforcement under the 1974 Act and so non-payment of a debt under an agreement could still be recorded. (iii) Demanding payment, issuing a default notice, threatening legal action and instructing a third party to demand payment or otherwise to seek to procure payment from a debtor was not enforcement either. (iv) Given that the continued reporting to the credit reference agencies did not amount to enforcement, there was no breach of the first data protection principle in Sch 1 to the Data Protection Act 1988 . There was simply no basis for the contention that the data was not being processed fairly and lawfully. (v)The processing of the data by sharing it with other financial institutions through the credit refer-ence agencies was clearly in the legitimate interests of the bank, the credit reference agencies and other financial institutions, for all of whom the governing principle was that the sharing of data had the aim of promoting responsible lending. (vi) Accordingly, there were no rights that could be the subject of injunctive relief. Beware anyone who starts Court action without considering this case carefully. A. McGuffick_v_Royal_Bank_of_Scotland_plc_-_[20.pdf

I have lodged a formal complaint with the Legal Complaints Service and Solicitors Regulatory Authority against Trevor Munn Solicitors. They have been writing to me about an alleged debt of £129. Despite requesting information about this debt they keep threatening to take me to Court and refuse to give me any information. The complaint has been lodged on the basis that they are in violation of Rules 1.02 and 10 of the Solicitors Code of Conduct, namely the duty to act with integrity and not to take unfair advantage. I suggest that anyone who has had any unhappy dealings with this firm does the same and perhaps if there are enough people complaining the LCS will intervene and shut them down! Ali

The 4 1/2 months delay is not unusual. The Police have 6 months within which to lay an information. An NIP is also not required. The fact that you went into the back of another car is prima facie evidence of driving without due care. However, if you can persuade the Court that you exercised the standard of a reasonable and competent driver i.e. you kept a good look out, drove within the speed limit, observed the traffic conditions etc, then you should be OK. Have you checked with your insurers to see if they will pay for a solicitor? If not have you thought about applying for legal aid? If you're on a low income, JSA or income support you could qualify. For this offence the going rate is 3 to 9 penalty points. If you found guilty you'll probably get no more than 6 and a hefty fine and costs. Have you thought about pleaded guilty? You might get away with 3 points and a much lower fine. Make sure you ask for all the witness statements, questionnaires, police officers noteboks and "unused material". Have a look at these documents to see if there's anything that supports you defence.