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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How to wipe a credit report


East Wind
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I have already taken Natwest to court and won, have won the battle against 2 debt companies and am now looking to completely clear my credit report and start from scratch.

 

I cannot currently even apply for a mobile phone contract despite the fact I have been very responsible with my money for the past 3 years now.

 

Has anyone here actually taken Experian or another credit company to court over slander or under the Data Protection Act. And how the hell did this company start in the first place and why do so many people go by their records when so many of them are blatantly incorrect?

 

I am going to start clearing the report as soon as I receive my latest credit report and was wondering if anyone has any generic letters to do this?

 

:rolleyes:

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If there is incorrect information on a credit report the agencies are under an obligation to amend it - there's a principle which says all information held must be accurate. The same goes for the reporting company - the information they supply must be accurate.

 

Tell them to correct it as soon as possible otherwise you will start action for libel (its written words not spoken which is slander). Libel actions are expensive so your best bet would be to make a strongly worded complaint to the Information Commissioner.

 

But before you set the ball rolling get copies of your credit reports as they stand so you have details of what they are saying about you now.

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Thanks for the help Nailpost. Have typed up all the letters and ready to send. 2 questions though:

 

1. Can I send a cheque as opposed to a postal order?

2. I took Natwest to court earlier this year and won back all charges, shall I put this in the letter to them to take off the default? Any idea on wording other than " you know you're wrong you b******s because you paid up in the end so take off the damn default before I come down there and...."!

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Hi Eastwind,

 

I think you'll find it very diffucult to get Natwest to remove the default, pretty confident you'll need to start a claim against them to get it done, a friend of mine was in the same situation albeit with RBS.

 

If there were charges on the account then the default notice can be voided by precedent set in the Woodchester Lease Management Services Ltd v Swain and Co case, basically it stipulates if the 'sum due' that is stated on the default is incorrect which in this case it will be as it incorporates unlawful penalty charges then the default notice is invalid and subsequently voided. I would suggest you put pressure on the CRA's to remove the default on the grounds that they have a responsibility to ensure all info they hold is accurate and to take steps to ensure that is the case.

 

regards,

shane

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All advice is offered freely & without prejudice

 

 

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hi ian,

 

it depends what the nature of the inaccuracy was, if for example the default was incorrectly served, or it was served where no agreement was in place or as I stated above with regard to the 'sum due' being incorrect because of penalty charges then the only correction the CRA's can make is to remove it.

 

Can you explain a little more about your situation

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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well its a couple of situations.

 

British Gas - http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/120104-british-refunded-me-then.html

 

&

 

Open University - http://www.consumeractiongroup.co.uk/forum/general-debt/120097-default.html

 

I am writing to open university with the following letter

 

RE – Open University Student Business Account – xxxx

Letter sent recorded delivery on 16th November 2007

Data Protection Act 1998 - Subject Access Request

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998.

Where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

The reason I am requesting this is –

The law is simple. If you did not issue me with a default notice you should not have registered a default against me with the credit reference agencies.

I am meticulous in keeping all the correspondence I receive from anyone other than advertisements and I am certain you did not advise me of the fact that you were going to issue a default against me on this account.

If you do not include among the information a true certified copy of the original default notice I will take this up with the Office of Fair Trading and Trading Standards and will make a complaint to Experian, Equifax and Call Credit asking them to remove the information relating to this account from their records.

I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.

British gas I have only spoken to on the phone but intend writing to them to again do a full SAR. I called them to cancel my account then moved after they sent me a refund becuase I had overpaid then i find out they have defaulted me for money outstanding!!!

It has ruined my credit file.

Thanks for your help

Ian

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E – Open University Student Business Account – xxxx

 

Letter sent recorded delivery on 16th November 2007

 

Data Protection Act 1998 - Subject Access Request

 

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998.

 

Where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or manual notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

The reason I am requesting this is –

 

The law is simple. If you did not issue me with a default notice you should not have registered a default against me with the credit reference agencies. you do not need to give them a reason so i would remove this

 

I am meticulous in keeping all the correspondence I receive from anyone other than advertisements and I am certain you did not advise me of the fact that you were going to issue a default against me on this account.

 

If you do not include among the information a true certified copy of the original default notice I will take this up with the Office of Fair Trading and Trading Standards and will make a complaint to Experian, Equifax and Call Credit asking them to remove the information relating to this account from their records.

 

I enclose the statutory maximum fee of 10 pounds. You have 40 days in which to comply.

 

 

 

it may be worth taking a more softly softly approach for starter

 

you may want to include something along the lines of...

 

For clarification purposes please send me the following

 

a copy of any default notice held on your files relating to this account

 

a copy of any credit agreement relating to the account along with terms and conditions referred to within the agreement (they are not obliged to send t&cs but worth a try)

 

copies of the data contained within my statements relating to all transactions

 

and any other data held in your files relating to me

 

 

Regards

paul

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Subbing

 

This is something that has interested me. I've been very tempted to give the CRAs a section 10 notice under the DPA to cease processing any defamatory data unless they have strict proof that this data is warranted (the word of a creditor not being strict proof)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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  • 3 weeks later...

Well I sent the letters to the various companies who have put a default on my account. Orange have basically admitted they have no record of what I need and have asked for a copy of my credit report in order to check this out!

 

And Natwest have told me the exact date and location they sent it to and said that it was a computer generated letter and therefore don't have a copy. I was living at that address at the time and I did not receive it. Any ideas what I should do? Is this a fob off?

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