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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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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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