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Hi people I recently paid off my Egg credit card, actually it wasnt recently it was on the 12th December 2007.
I have been checking my credit file online and they have not updated my file to say the account has been closed...
Now i was looking on this site and found some information and i was wondering if it is infact true and if it is worth me claiming for loss of credit...
I have emailed this stupid company about 5-6 times and even written to them regarding this issue...
below are the facts that i found:
Fourth Principle of the Data Protection Act
1998. I.e. personal data shall be accurate
and, where necessary, kept up to date.
Section 13 of The Data Protection Act 1998,
(1) An individual who suffers
damage by reason of any contravention by a
data controller of any of the requirements
of this Act is entitled to compensation
from the data controller for that damage.
Is there any particular amount per day that i can charge them???
As the person i got this information from charged them £35.75 per day....
Yes, you have a case. Don't e-mail them but send them a letter telling them that the account is closed but they have not updated your credit record. Tell them that they have 14 days to put it right. If they fail to do that within the 14 days, you will send them a letter before action giving them a further 14 days, at the end of which you will commence proceedings in the county court under sections 13 and 14 of the Data Protection Act 1998 without any further communication.
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I have sent them the 1st letter already i sent it to them on the 12th feb2008 see below
Dear Sirs,
In December of 2007 I made a payment to clear the outstanding debt on my credit card, on the 11th of December, I emailed your site to advise the account had been zeroed on my Egg account page but was still showing as not satisfied on my credit file.
I have attached a copy of all the emails going back and forth between myself and your internet team and basically I would like my questions answered and I want something done about the fact you have taken so long to update my credit file.
In case you haven’t noticed I am trying to repair my credit file and by you keeping the account open on my credit file it is not helping me in the slightest, in fact it is making things worse, as the balance has not been updated for two months which means no payments have been made.
I want this sorted out and a response within 7 working days from the 14th February or I will be taking this matter further.
Shall i now send the second letter as this is really affecting me credit wise...
What you would be asking the court for (should it get that far) is an order requiring Egg "to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data" (s14). You would also ask the court for compensation under s13 for the damage and distress caused by Egg's failure to meet thir obligations under the Act.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I wrote to you on the 13/02/2008 requesting that you correct my credit file as the above account has been paid for in full since the 4th December 2007. You have Still failed to do this.
I am now giving you a further 14 days to fix this problem before I commence proceedings in the county court under sections 13 and 14 of the Data Protection Act 1998 without any further communication.
THat's all you need - something short and sweet. Head it "letter before action - Data Protection Act 1998" in big bold letters.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Done lets see if the pull there finger out now.... lol
You might be able to help me with another issue im having but its regarding Abbey national more scum ill paste the thread in for you to have a look. But thanks for your help with this....
Ok i have checked my credit file today and they have finally put it down as settled but the date says 20th march.... Should it not be back dated to show i paid it months ago???
Bearing in mind i paid the account off in Dec... should the report not show this...???
Write and tell them that it is still wrong. Again give them 14 days or treaten court action nudre the DPA
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Right enough is enough.... these fools are taking the BEEP... [FONT='Verdana','sans-serif'] [/font]
I had a phone call from some stupid man at Egg telling me they cant put the correct date on it is now correct thats it...I am now going to start legal proceedings the particulars of my claim are going to be:
1) The claimant claims the sum of £1638 as compensation for the defendant’s breach of the fourth Principle of The Data Protection Act 1998 and section 13 of The Data Protection Act 1998, for the period from 12th December 2007 to 20 March 2008.
Section 13. - (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
Forth principle section 4. personal data shall be accurate and, where necessary, kept up to date
2) The sum claimed represents £18 per day, which is the amount which the claimant calculates he continues to lose as a direct result of being unable to obtain cheaper credit than he currently has.
3) Additionally, the claimant requests an order from the court under section 14 (1) of The Data Protection Act 1998 for the removal of the default notice and any other prejudicial information from all credit reference agencies:
14. - (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data
4) The claimant further claims the court fee of £120
looks OK to me - POCs should be as short and sweet as possible (but no shorter or sweeter )
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Section 13. - (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
Forth principle section 4. personal data shall be accurate and, where necessary, kept up to date
2) The sum claimed represents £18 per day, which is the amount which the claimant calculates he continues to lose as a direct result of being unable to obtain cheaper credit than he currently has.
Tom Brennan alleged in court that Natwest damaged his credit rating resulting in losses by him but did not produce evidence to back it up. His claim was dismissed. You are likely to be asked to display evidence of "being unable to obtain cheaper credit" than you current have access to, i.e. refusals on your credit applications. Your calculation formula computing £18 damages per day will also need to be part of the evidence.
Proof ok well since i paid off my card when going for loans i have only been able to get the approval of high interest lenders due to the account not being updated... we are talking about 35% interest Per annum....
Ive only been able to get a basic bank account since my Abbey account was closed... and been refused by Barclays credit card of which i had two accounts which i closed to open a new one... ( thinking that these idiots had sorted out there business... ) would that be sufficent detail???
Do you have any of it in writing? (refusals that is) You could then have the vrious brochures issued by the bank to show what was available to others.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Yes i do... Somewhere...
Just tried to use money claim online but seems my particulars is too long... looks like ill have to go to the court directly...
There are lots of problems with using MCOL - your local court is much better.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Egg not set account to satisfied
credit card, actually it wasnt recently it was on the 12th December 2007.
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Originally Posted by Lawsonm19810
