This is the response i got from experian today...grrrr
Dear Miss *****
Thank you for your recent emails and telephone call.
I would firstly like to address all the correspondence regarding the Next default.
I see that you have issued Next with a final warning before court proceedings, asking that they remove all default entries against your name. You have quoted certain points from the Consumer Credit Act 1974, and asked that they stop processing your data under section 10 of the Data Protection Act 1998.
However, I see that in one of your other emails, you have provided a scanned copy of a letter from Next which addresses all your points and outlines their case for providing the account information to the credit reference agencies and their right to record the account as defaulted without proving that a default notice was received by you. Also, they have given direct advice from the Office of The Information Commissioner regarding the credit reference agencies right to continue recording data about unenforceable credit agreements.
Having reviewed their comments, I would advise that the advice in it appears to be correct.
I see that you have also asked for us to add a Notice of Correction to the Next account and I would advise that we cannot add your current proposed statement as it is factually incorrect. This is because you have said that they are in breach of the Data Protection Act by not being able to provide you with a copy of the signed agreement or the default notice. They have clearly explained in their letter to you that they are not required to do this and they have explained why and what their obligations are in such matters. As we are unable to add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.
I note that you are considering taking legal action including Experian and I would strongly recommend that you seek independent legal advice before doing so.
We have received several similar court claims and have been successful in having these struck out, as the cases were deemed to have no legal merit with regards to a claim against Experian.
This is because, in each case, we have been able to demonstrate that we have complied with the relevant legislation at all times. Consequently, the claimant has been left to pursue their claim directly against the company with whom they have a dispute regarding the data recorded on their credit report.
I therefore recommend that you review your legal position prior to proceeding with your claim. You may wish to consult with the Information Commissioner's Office in order to obtain an unbiased opinion.
Mark S Whawell
Consultant Customer Service Officer
Customer Support Centre