Jump to content

69d

Registered Users

Change your profile picture
  • Posts

    16
  • Joined

  • Last visited

Posts posted by 69d

  1. Hi 69d, I'm sure iddles10 wasn't being patronising, (s)he was just wanting to see the letters you were about to post. That's the problem with communicating online, sometimes it's hard to judge one's mood.

     

    Anyway, I hope you're feeling well after such a long period of illness. Well done for seeing this through to the end :)

     

    The scans you have attached are just the thumbnails and are too small to read. Can you try to make them bigger please?

    Right click the image save to desktop and open with windows live photo gallery.if that dont work i aint a clue.
  2. :eek: Of course I wasn't being patronising!!!

     

    Your last post was in November of last year. Putting the kettle on was meant to be funny coz I didn't expect an answer any time soon, for whatever reason - nothing personal. Lots of people were saying that they couldn't wait for a response, as they seemed to be on the edge of their seats, like myself.

     

    I'm so pleased that you won. I'm a bit new to this, but - how come you ended up paying your own costs if you won? :(

     

    What you've achieved is crucial! If the CRA's are unable to retain information on accounts that can't be proven by creditors, then it's a fair argument for everyone else who doesn't have a properly executed agreement etc. If people were able to quote a case where a judge has ordered an agreement unenforceable and the reference agencies have removed an entry on that basis, it could set a presidence.

     

    I hope you're very proud of yourself and that the battling didn't worsen your illness and that you're all better soon.

     

    :D

    Each party was responsible for its own legal fees due to an agreement made by my solicitor with the finance company solicitors,that was we both bear our own costs on the basis i was being reasonable stopping payments which was my contractual right to do so as the contract does not comply,(The finance company stated i was not entitled to stop payments) this was found to be untrue and i was advised to stop payments immediately,therefore for 14 months i refused to pay nearly £500 pcm totalling about £6000 in total,therefore i was still driving a vehicle without paying,so that was to be treated as my compensation and i would be unreasonable if that was not taken into account.I also received compensation from the car dealer of £3000 after the offer of settlement.

     

    The whole ordeal was very stressfull,ontop of trying to keep a very stressfull high profile safety job too and a looming serious operation planned to which i have recovered,you have to be determined to see it through to the end,and dont let the credit referance agencies tell you otherwise,english law prevails,they are not a law to themselves even when they state they cannot do anything by removing the information they produce,they must provide written evidence within 21 days from the finance company,if they cannot produce the evidence ask for the file to be supressed within 14 days,if they fail to do this issue them with a notice you intend to proceed with action for libel,you are also entitled to compensation for loss,to which you do not actually have to provide the costs of the loss.Also write to the commisioners office with a complaint,but this does take upto 3 months.Keep piling the pressure on them daily,bombard them with letters/emails for evidence of false reporting,if your in the right they will back down.my credit rating since the removal of the account has gone from 200 upto 900! that is what i needed as you wont lend another penny from anyone,since this i have purchased 2 houses and a new car,so its vital you attack,best of luck to you all.

     

    And dont forget you need to write to all the credit reference agencies not just the one who reports your default.EXPERIAN CALL CREDIT & EQUIFAX

  3. dum de dum. I'll put the kettle on whilst I wait for the answer. :p

     

    Dont be patronizing i have been severely ill and hospitalized for several months,i attach the letters after the case was concluded with great sucess but at a big barristers bill,but in the end i won.

    The finance company and the credit referance agencies concerned where reporting a default when there could not possible be one as the contract was not enforceable by law,the vehicle supplied was not the vehicle on the credit agreement,my monthly payments were rescinded and the referance agencies reported a default,unfortunately for them this was illegal as they had no evidence and the finance company was unable to provide any,they removed the account after they were threatened with libel action for false reporting,damage to my credit worthiness,and harrassment.

     

    The Credit referance companies gave 21 days notice to the finance company concerned,that unless they provided evidence of the contract existed they cannot report the account accurately,therfore it was removed.

     

    The finance company solicitors also had a letter from the solicitors stating the credit rating to be restored immediately as you where reporting false statements,also stating action for libel.

     

    It cost me £8000 in defending my rights but i handled the credit referance agencies myself with a copy of the evidence produced from my Barrister regarding the case.

    credit ref.jpg

    credit ref 001.jpg

    credit ref 002.jpg

  4. I would have thought that if the DCA can't furnish you with a copy of the CCA or they give you an "application form" then this is clearly unenforceable, without the need for a barrister to check it. There are legal mnded people on this site that could check it for you!

     

    BobbyH

    My case is very complex and i have been in 12 months of dialog with the agreement holders and the people who sold me the agreement, and failed to supply what it states on the invoice and the regulated credit agreement,i had no other choice to spend considerable amounts of money after the 12 months to instruct a solicitor and barrister to clarify to these people i am determined to take you to court to get what i am entitled to by law,they both understood what my position was from the start,but kept telling me i have no entitlement to rescind the contract,they then ruined my credit rating to which infuriated me to retaliate instantly,and i still have the goods after non payment for 8 months! then i wrote to the credit referance agency to removed the default and finally they have after providing evidence to which the lender cannot provide any,the longer it goes on the worse it gets it has destroyed my family,if in doubt get serious advice,it seems to be working wonders,especially when its one of Londons top Barristers they now know we mean buisness and its costing me a fortune to which my costs will be added to my final renumeration.
  5. 69d

     

    Can you post up your final letter for other to see (obviously without the personal stuff)?

     

    BobbyH

    At this present moment in time i cannot post any letters due to the legal nature of my case between the 3 companies concerned at the moment,and we dont know who is genuine on this site and could put my case at risk,but i will post when the case has been finalised.but i will post the final letter from Experian received this week to restore my rating back to normal,just give me a couple of hours to do this.
  6. I wrote by email, to Experian the following letter regarding defaults on my credit files;

     

     

    NOTICE TO DESIST FROM PROCESSING OR DISCLOSING PERSONAL DATA DATA SUBJECT NOTICE - Credit report ref XXXXX

    Regarding the defaults held on my file as follows;

    xxxxxx

    xxxxxx

    xxxxxx

    xxxxxx

    I have sent a request to each of these creditors for a copy of my Consumer Credit Agreement (Consumer Credit act 1974) All of these creditors are now in default and have been so for more than a month.

     

    I have received no agreements as requested and these accounts are now subject to a serious dispute. Further to this dispute I can confirm to you that I have at no time received a Notice of Default as required by the conditions of the Consumer Credit Act 1974, for any of these accounts, and as there are no enforceable agreements available for the accounts I am contesting that your continued processing of my data is an unwarranted act.

    It is not necessary for me to document all of the sections of the Data Protection Act as I am certain you are well versed with it. Suffice to say, I am a well educated professional and very familiar with the terms of this Act. And, following careful scrutiny of the relevant legislation, including the Consumer Credit act (As Amended) and the various Financial Service Acts it is clear that there is absolutely no legislation that allows a lender or supplier to collate process, or distribute any information unless there is express permission from the data subject.

    In fact as I am sure you are aware, Section 10 of the Data Protection Act awards the real authority, regarding the privacy of data, to the data subject, not the Data Controller.

    The act is very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure. The purpose of this email is to inform you that;

     

    there are no agreements in force with the above mentioned creditors, and to continue to hold my data in your files, you must hold in your files and provide me with, true copies of these agreements. If there is no agreement then there can be no default.

     

    There has been no Notice of Default from any of the above creditors, and the default and continued maintenance of these defaults, is unlawful without a Default Notice being issued to the debtor prior to the Default being registered.

     

    You may not collate, process store or communicate my data without my express permission.

    I do not ever recall providing such permission and indeed, if I did ever do so, it was not with the intention of allowing it to be processed in perpetuity. And, in fact, had I done so it would only be in force during the term of the agreement, which I have already stated is not available.

     

    There is no agreement, nor any permission from the data subject.

     

    I must therefore insist, that from this day onwards Experian must; Cease the storing, processing and communicating of my data in relation to these accounts which are in serious dispute.

    Remove all such data for these disputed accounts from all automated process systems as per the provisions of Part 2 Section 12 (1) of the Data Protection Act. Cease to disclose any data to any third party and remove all data pertaining to your records, in relation to these disputed accounts, to the extent that no data entry in relation to any of these accounts will exist on my credit files.

    I contend that continued processing, storing and communicating of this said data by Experian, will be considered to be unlawful, and without my permission as the data subject a defamatory act and action for libel will be forthcoming.

    Any failure on your part to adhere to this instruction will be automatically interpreted as your non compliance with legal procedure. In which case, you will be expected to comply unconditionally with this notice or I will, without any doubt, refer the matter to the courts where I shall apply for court fees and legal costs against Experian.

     

    I also reserve the right to seek redress for damages as per the remit of the data Protection Act.

     

    I trust that I have made my postion clear and that Experian will make a serious effort to understand, and comply with these legal obligations and effect the changes which are required.

    I expect written confirmation from you acknowledging the contents of this letter within 5 working days. If not you will be furnished with a Letter Before Action regarding this defamation and libelous action on your part. Yours sincerely et etc.

     

    Within 2 hours I received the following response;

     

    I understand you require written proof of the agreements you hold with the companies recording defaults on your report.

     

    If a company cannot provide you with any actual evidence of your initial consent or the agreement, this does not necessarily mean that they have to remove the data from your credit report. Oh really?

     

    For example, if a company can demonstrate that an account was being paid on time for a number of months/years prior to falling into arrears, this is often seen as evidence that the individual concerned must have consented to the terms and conditions of a contract. Even when there is no agreement??

     

    A company will only open an account if the applicant agrees to their terms and conditions so, unless the account was opened fraudulently, the account holder must have agreed to the standard terms and conditions for that type of account. So pluck an agreement out of the air, any agreement will do.

     

    Therefore, as long as the company terms and conditions specify that they reserve the right to pass account information to a credit reference agency, a period of meeting contractual obligations, or simply opening the account, will often be deemed as evidence of consent to those terms and conditions. So a company can open an account with no agreement and they will have all the evidence they require to threaten the victim forever?

     

    I am unable to arbitrate in a dispute between you and a company regarding whether they have complied with a specific piece of legislation. I would recommend that you either approach the company directly or lodge a formal complaint with a recognised regulatory body should you wish to take this matter further. I have, and they haven't replied to that letter either.

     

    We do not amend or delete information on a credit report when it is alleged that a company has not complied with a request for information to which the individual believes they are entitled We cannot act unilaterally to remove data from your report. Once in receipt of a reply from the companies concerned I will notify you of the outcome and of any changes made to the information that we hold about you. So having no permission from the 'data subject' is irrelevant, the companies (who have no agreements) have absolute authority over this data subject? methinks they are in do lally land.

     

    The Data Protection Act 1998 stipulates that we have an obligation to ensure that we take 'reasonable steps' to maintain information on our database that is accurate and up to date. 'Reasonable steps' would include copies of agreements and written permission from the data subject wouldn't it?

     

    All of our clients sign up to strict terms and conditions within their contract that require them to make sure that all the data they submit is accurate prior to providing it to us. Our regulator, the Information Commissioner, considers that this is having taken 'reasonable steps'. Can anyone tell me what these 'reasonable steps' are??

     

    We also have over 200 generic checks in place to check the overall consistency of the data that we receive and a specialist department dedicated to running these necessary checks prior to loading the data to our records. This is because it is not possible for us to individually check each item of the data. This would involve going back to the company and asking them to check information that, as far as we are concerned, they have already confirmed to be accurate by sending that data to us. So the

    generic checks are not done because 'it is not possible to individually check each item of data' An admission surely that no checks are done and this confirms the data cannot be guaranteed accurate.

     

    If any specific issues are brought to our attention we will also query the accuracy of the specific entry being disputed with the company concerned and add a Notice of Dispute alongside the information being queried. If you can tell me exactly why the defaulted accounts on your credit are inaccurate, I will be happy to comply with our legal obligations and contact the companies to verify the accuracy of the data they are providing. Hmmm, thought I had already told them there were no agreements, no default notices and no permission from me!

     

    You may also wish to access the link below which outlines the Information Commissioner's viewpoint with regards the retention of default information and also those accounts that have been paid on time. Within this article it is clarified that we do not require your consent to continue processing account information about you for 6 years from the date that an account either becomes settled or defaulted

     

    http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

     

    Yours sincerely

     

    Mrs Catherine M Procter

    Consumer Service Officer

     

    I have to say, I am normally a mild mannered lady.....but today I am spitting mad, this has just made me even more determined to remove these defaults.

    Any further thoughts from anyone please?

    I'm going to fight this to the death. :x:x:x

     

     

     

     

     

    Sounds as though you have a letter of reply simular to what they sent me,give them 24 hours to remove it or you will issue proceedings for libel,they then write back saying they have contacted the lender concerned and we have now removed the default thats what happened to me,quote English statutory law,best of luck
  7. Do you have a template of the letter you sent them

    Regards DK

    Just click on the link in my post above and print out then disect the relevant data protection rules thats relevant to your case, but you must make sure you have compelling evidence to have a default removed from a solicitor/barrister because it must be truthfull its very self explanatory when you read the act dont let them fob you off keep harrassing the CRA weekly,as they are harrasing you credit report and your worthiness for credit,they are only obliged to comply within the data protection act,and it does not overide English Law.
  8. Better to take one company to court and get say 4 incorrect pieces removed then to take 4 companies to court. And your also liable to recieve compensation as well.

     

     

     

    Experian ONLY remove information if told to do so by either the company providing the info, The courts or The Information Commisioner.

    They ignore all requests from Joe Public to remove, DESPITE them recieving proof the info is incorrect.

     

    I hope this gives a better understanding of his actions, Im sure if im incorrect he will pop along and say so

    I have had my default removed today regarding a non enforceable hp agreement,it took 3 weeks to sort with Experian,they fobbed me off with the commissioners office,they cannot remove the default without the lenders consent and the commisioners office,bla, bla, bla,so i threatened them to remove the default by 12 o clock yesterday,this has happened they have no evidence from the lender so they have suppressed the information,quote the data protection act section 41 43 etc you can download the act from the following link www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

    and threaten them with court action unless they can substantiate from the lender the default is correct.they are only a company not a government body if they dont comply with English Law threaten to libel them if the information is incorrect.

  9.  

    If anyone has succeeded with having a CCA Agreement declared unenforceable, what effect did this have on your credit report? Or does anyone know what will happen, once I have had my loan declared unenforceable by the court, will the credit reference agencies register a default on my credit report? :confused:

     

    Firstly you should have received a default notice within 6 months from the lender,when that default notice has been issued they then send the default to the credit referance agents to mark your file XXX amount of payments late and so forth,if you dispute the matter you are allowed to put a notice of correction on your file with the relevant CRA'S as long as the notice is not defamatory misleading or untrue,this could take upto 28 days to be shown on your file,in your case you state the matter has a non enforceable agreement? has that been confirmed by your legal expert,in particular a barrister? if so you can then send a letter or email to the relevant CRA to remove the default under the data protection act section 41 & 43,they then have to contact the lender to remove the default,they have to do this within a reasonable time i.e 28 days is long enough,if they do not reply to the CRA ask the CRA for evidence from the lender to support the default,if they cannot substantiate the default with evidence they should supress the information,if they quote the consumer credit act 1974 to you, quote the sections of the data protection act above and ask them to remove the default if they cannot supply the evidence,if they still wont comply ask for an additional notice of correction adding to the one you already have, stating this CRA has reported my file to show an incorrect default without any evidence from the lender as per the data protection act.

     

    Where the accuracy is challenged they are obliged to put a marker on your file under query,this marker is unlikely to be sufficient to provide protection against claims including those for compensation,therefore the CRA should substantiate the dispute information within 28 days,if not it should be supressed.

     

    Dont let them fob you off by writing to the commisioners office they currently have a backlog until July 08.

     

    Also state under this act as the data recorder i will issue proceedings under the data protection act for libel and for damaging my credit worthiness if you are unable to substantiate the default with written evidence from the lender.

     

    Under that notice write the following:under a notice of correction the comments applied are to be truthfull and not misleading otherwise i will be liable for action against me,i will not edit this entry when asked to do so.

     

    Only put the notice of correction if you have legal evidence of a non enforceable contract.

     

    It does work i can assure you.it has taken me 3 weeks to have the default removed for a non enforceable consumer credit agreement.contact them weekly demanding deadlines.:grin:

  10. Thanks guys for your support, Mr Mills ant a happy bloke lol

     

    I'm looking forward to the trial and watching Experian try there best to wiggle out of this lol

    2 weeks ago i asked Experian to delete information from my file regarding a default for a regulated hp agreement,i have not payed a penny towards a vehicle i was provided to which was not the vehicle supplied since march 08,Volkswagen finance then issued a default on my file for 6 non payments, its actually 8 missed payments,but the contract has been rescinded therefore not legally enforceable,Experian have been informed to remove the incorrect data from my file due to it being a non enforceable contract, and the info is incorrect,they say they are not allowed to supress the information without the lenders permission or the commissioners office, Experian have contacted VW 2 weeks ago to ask for there comments but without any answer. So i emailed Experian yet again to ask for the information to be removed by this Friday the 7th Nov, the information is still on my file,so i have asked if they cannot provide documentry evidence from the lender i want the default supressing,but they say they cannot remove it.the dispute relating to the vehicle has been in the hands of my solicitor since March 08 and is still ongoing, yet Experian will not remove the default yet they have no evidence at all from the lender.your comments please

  11. I currently have Stephensons solicitors representing me regarding a regulated hp agreement,i have been waiting 12 month for the finance company to now start some sort of proceedings,i have been issued a default notice for non payment of the agreement since March 2008 due to the vehicle i was provided with by the franchise dealer T L Darby Volkswagen was not the vehicle described on the invoice,nor on the finance agreement by Volkswagen Finance,i refused to pay the finance company until they refunded my money to date £9000 or exchange the vehicle for the car i should have been provided,they failed to reply to that request,so i issued them a letter recorded delivery that i was repudiating the contract under the consumer credit act and the missrepresentation of a vehicle,that was in March 08,7 months later i get the notice of default,i currently have a Barrister Oliver Mischcon of London (writes in the sunday mirror) to which the article was posted under I WAS SOLD WRONG CAR (google) i await the outcome very distressing and causes severe depression i know how you feel my account is in arrears of £3000 and they are now requesting the full amount of £22000.:evil:

  12. In Nov 2006 i purchased a vehicle from a Volkswagen franchised retailer for £24000,i purchased the vehicle on hp through Volkswagen finance uk,i have since found out in (Dec 07) the vehicle supplied is not the vehicle i have been paying £500 a month for,it is not the correct model,the specification i paid for was an se sport but i have been sold a standard vehicle with options,it clearly states this on the invoice and the contract i signed,Volkswagen have also indicated in writing i have been provided the wrong vehicle but they state i have now signed the agreement,i cancelled my direct debit in March and told them i have repudiated the contract as it is not legally binding,they say i have no right to do this,i stated i want to be brought back to a pre contract state i.e all money back from the date of contract which is upto now £9000 which includes my deposit,they have failed to report any default on my credit report for 3 months missing payments,because i threatened them if my profile was damaged i will sue for damages, i have an a1 credit rating and never missed or defaulted in my 40 years,they have failed to respond to my demand of the £9000, yet they have not taken the car even though i have insisted they get a court order to reposses,or when i receive the cheque for the money they can have the car.The dealer that sold me the car has offered me £16500 to buy the car back leaving me with £3000 outstanding on the finance,or a cash offer of the difference between the 2 vehicles to which i have refused. this has been ongoing for 6 months :evil: Any advice would be greatly appreciated

×
×
  • Create New...