on a side point here and I am prob having a blonde moment...(we've been here before) but it does not state when this was updated....Auds how do you know it was recent?

Overdraft Service: HSBC Bank UK

Prabs

Thanks Jo,

I had a look but no mention of the fees/ charges so how about me giving the court the print out of the changes and asking the Judge to ask the Counsel if these are better or worse for the customer? Remember to swear him in first...LOL

Just another arrow to fire at the them and hopefully push the DJ to agree to let the case proceed...willing to take the risks after all...

Prabs

Hi auds,

It says:

Message from The Consumer Action Group

Any ideas anyone?

Prabs

Not heard anything yet so I'll leave till Monday morning and wait for Court Instructions...Then yes I will be asking for a breakdown of charges etc as this has an immeadiate outcome on the claim....Anyone feel free to help with the wording...LOL

Penfold

On my Equifax file this debt shows as a Default / Delinquent Balance £414 and "PARTIAL SETTLEMENT - Payment received as a full and final settlement although the payment would not fully clear the balance."

Now what is very interesting is that the arrears show from 2002....However I never missed a payment until 2005 so they have marked this COMPLETELY incorrectly! Inaccurate data is an offense under the Act and allows for damages.

Penfold

Well guys,

this has been going on a while now...In a nut shell when I did my IVA they took over a load of our debts. Now What's interesting is they are only showing up on our credit files on two of those. One as Mx Recovery and one as Eversheds the others are still showing as the original creditors...Anyway I started using th eSurelybonds templates and got the usual letters back... Due to other committments I get the letter tennis going, but am now close to being ready to take them to court and concentrate on it 100%.... So here is my LBA....Note that I have sent them a SAR and they came back with nothing much, but did put it in writting that they have not got, nor have ever held our original agreements...So what permissions are they basing their processing on???? LOL

Mr. Craig Wagstaffe,

Eversheds LLP,

Fairfax House,

Merrion Street,

Leeds,

LS2 8HE

Dear Sirs,

RE: P86XXXX and P58XXXX

Thank you for your letter dated 29th May 2008 containing your response to our Subject Access Request. The first and most obvious breach of the Data Protection Act is as you mention in your letter of 29th May 2008 you have never “held copies of any of your original credit agreements”. This begs the obvious question of what right you have to process our personal and financial data? Combine this with our letters of August last year your company has blatantly ignored its duties under the Act to hold our written permission to process our data and to share that data. This is a very serious breach under the Data Protection Act. Your subsequent letters may be used in Court to evidence these breaches should it be required.

After further study of the Data Protection Act 1998, it also appears that Eversheds LLP (and your client Max Recoveries) has not complied with the Fourth Principle - “Personal data shall be accurate and, where necessary, kept up to date”. The records on our credit file show both your names against certain accounts with recent updated dates. These records show defaults and balances outstanding. Once again I refer you to your letter dated 13th March 2008 where you state “the satisfactory completion of your voluntary arrangement concludes all creditors’ claims and consequently there is no outstanding debt due or potentially due to my client under any of your agreements”.

Two questions arise here, to what agreements are you referring since you have openly shown you have never been in possession of any? Secondly, if as you say, there is no debt outstanding then why are there outstanding balances showing on the records? This is inaccurate by very definition and combine this with the fact that no default notices were sent (none were supplied in your Subject Access Request response) we can only assume that yet again you are in breach of the Act.

If you do not agree to our requests we will seek damages and redress under the provisions of the Act to the tune of £3068.76. We can indeed prove damages should that be required in Court. We would like to refer you to the case of Kpohraror -v- Woolwich Building Society [1996]. This case sets precedence with regards damages against a Creditor for unlawful actions by processing personal data effecting ones credit rating. Surely you would agree that if the dishonoring of a cheque resulted in damage in the above case, then surely an inaccurate payment history on an account including a default must be more damaging?

The compensation and damages that could be claimed would be for your breaches and in particular under Section 13 of The Data Protection Act 1998, for the period from 20th July 2007 to 6th June 2008 under 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. The sum claimed represents £9.56 per day (321 days), which is the amount which we calculate we would continue to lose as a direct result of being unable to obtain cheaper credit. This includes credit in the form of mortgages, loans or credit cards. I would like to quote you an extract from Lord Justice Evans who said at page 124 of the case "The credit rating of individuals is as important for their personal transactions, including mortgages and hire purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case in so far as this is a presumption of fact."

We are therefore providing you until 26th June 2008 to confirm that the entries under Eversheds LLP and Max Recovery will be removed from our credit files with the Credit Reference Agencies permanently otherwise we will have not option to take legal action through the court system whereby you will have to justify your breaches of the Data Protection Act (unfair and inaccurate processing of our Data) in order to defend our action, something we are sure you will not want to do. At this stage we will not seek damages, but we have explained these and notified you that we will be seeking £3068.76 in damages and Court Fees should we be required to proceed with legal action.

Yours sincerely,

Penfold

no, would they hold that info on there still? Thought I might need a paper version...

Do we have a record of the old ones then somewhere to prove the changes are worse...

Sorry are we saying post 2585 is the original one and post 2586 is the new worse one?

Sorry but got hearing on monday and want as much ammo as possible to get this to court now....no more waiting really fed up with it!

Prabs

Is this not a worry that suddenly every creditor will try to use this as a precedence now? They appear to have been very flipant and silly in their attitude and this has had the effect to get the banks noses up to defend all the way and they have been taken to the cleaners and exposed....

IMHO

Penfold

Done too...

LOL oh I know and I will use that to take them apart...the poor duty sol, barrister or whoever they sent is going to be quized about this wonderful CMS system and why Sir Fred got a report and I didn't...how it states certain things, but there is no backup info or follow up info on the comments made on there...are they even time stamped for audit purposes? I bet they aren't!

I love the "our systems have recorded the correct amounts"...Such a confident statement from a company with a pretty bad record...I feel they will eat those words eventually!

I can't wait for an explaination about their CMS system when I get to Court on the 13th. I almost don;t want them to settle, cause I will rip into them about quoting a system without any backup...

Good luck the D's!

I am desperately looking through their bundle, but the two witness statements say very little and the errors aside (and there are a few...funny that for RBOS or Nasty West) there is nothing there, I just do not understand how they hope to impress the judge they had legitamate debts...Account numbers are incorrect, they have not answered any of the questions I have put to them over the last 9 months...10 offers by me...only one by them and that was an "in terrorem" offer to not apply for costs, when they can;t anyway...I just cannot fathom why they have not jumped at the £2k I have let them off and paid up...weird...

Thanks Vogel, you would have thought so and I am sure the striking out of any costs is hurting too...They should have settled before the hearing and saved face and a fair bit too no doubt...

Is it a Part 13 request for more info? Or have I got my figures and names wrong again?

Thanks Bona,

they have sent me a two page defence, which is scetchy to say the least. I will not post up as it says nothing new....

HOWEVER, the covering letter says that they are in receipt of my last letter and will take their clients instructions...so hopefully their clients will see sense and agree to the settlement, mind you I did give them till Thursday/ Friday I believe to do that so I will give them till then. After that time I will not be so low in my offers...

I guess the judge will ask for a response to the Defence next, then AQ's then hearing right? When can I submit the application for more info? And how do I do so? I asked the jUdge to get them to supply the specific figures for charges etc...he said no, but that it would be easier to do as a request for more info and would be cleaner...

Does he mean at the AQ stage or before?

Penfold

absolutely mate...also I have also offered them £2k to settle rather than the judgment of £3.5K so hopefully they will see sense and settle to avoid further costs and wasting a whole load of time...but then what do we know eh?

Hi BAE,

Could you pm me a copy of what you sent as you know I am in a similar situation and will prob need to do the same...They have till tomorrow 4pm to file and serve their defence and I want something ready in either case...

Thanks,

Penfold

they sent me back to 1995 recently!

Poor Wednesday's thread has been taken over by nutters!

Well there's the beauty, when I did it online I never printed out the confirmation. By the time I realised what had happened (as I stopped using the account) they had already done the damage and just said "our systems have not shown you canceling it so you didn't..."

Life goes on...too late for me, but be wary others who are just getting into this situation...

Hi Freaky and Johnny...LOL

Agreed mate!

Ok, well I thought I had cancelled mine, only later did I discover that their "policy" is NOT to cancel DD's to their Managed Loans...So in fact mine was never cancelled...Or that's what they said to me....:o

Thanks mate, so am I!

Ah, but Freaky they don't reinstate it....they don't cancel it in the first place!