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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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.  👍
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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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