noomill, A couple of other questions: I have a long running battle with Lloyds re non-compliance. The ICO have ruled against them and ordered compliance. Do I have to make an initial request for damages and then an LBA. Or do I go straight to Court. They still haven't complied. Next Is a claim for "wrong data" ie Late payment marker entered in error by them. The same as a non-compliance claim. What would replace the para "On XXXXX the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant." In regards to my request for the incorrect data to be removed?

noomill060, Should I claim for each CRA that Kensington has entered a false "late payment" marker onto. Or one claim covering it all ?

Yes I had a final response letter from Kensington.

Not sure but the FOS site states >>>>>>>>>>> Advantages it is free it is private and confidential it is relatively quick it is independent of the companies it investigates there is no need to attend a hearing the decision is binding on the company but not on the consumer, so the consumer can still go to court if dissatisfied with the outcome >>>>>>>>>>>>>>> I'm putting my complaint in their COurt so will keep you posted

To explain I have seen other threads where complaints have been made to the Financial Ombudsman Service for defaults etc, they have a scale of compensation that can be ordered. For this sort of thing in the 0-£300 range.

Right I have now completed my FOS complaint form, copied everything up and popped it in the post. Lets see what happens now

I have spoken to the ICO as I have received nothing from Lloybles. My ICO case worker phoned me back the same day! They have until Tuesday next week to provide me with all the information requested. She had a reply from them stating that the information is on Microfiche (An admission at last - yes Lloybles have all the info on Microfiche!!) and might take a bit of time. However she said if I have not received it by Tuesday to call back and she will send the file to the investigation team for enforcement action !!!! Now thats action for you - I'm surprised, lets wait and see what happens!! However I now believe that Lloybles have again sold the debt on to another DCA. Now I am sure that breaches the OFT guidelines. I called the FOS, but they stated that Overdrafts are not under CCA !!! Done a bit of research and I am certain they are. Will call them again as I am sure this is a matter for the FOS.

Tonycee thanks for that - much as I thought other than the capitalised bit. However how do I check that the charges were capitalised? I have all my account print outs. The charges appear and accrue on the Mortgage account total balance, they are not itemised separately. Does this show them to be captialised? I take it that charges being capitalised means that they become part of the mortgage loan and are repayable over the remaining mortgage period. In which case as they appear on the statements adding to the running mortgage balance that should mean they have been capitalised - shouldn't it???

OK I took a break form all this for a while. So I registered a complaint to the ICO which I won 18/12/07. They have written to Lloybles telling them to provide the information - Nothing so far. >>>>>>>. From the information you have provided to us it seems unlikely that Lloyds TSB have complied with their obligations under the Data Protection Act on this occasion as they have failed to provide you with the information to which you are entitled. We will therefore be writing to Lloyds TSB with the details of this complaint. We will ask them to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore we will ask them to take any steps necessary to ensure their future compliance with the Data Protection Act. I have heard nothing further from them re: the alleged debt.

OK started again on this one. Have had a bit of a break from all this. Woolsnitch took £1685.00 in charges from my two mortgage accounts. I sent them an LBA many months ago. They originally stated they would not repay anything. So was at the claim stage. So having revisited this I sent them another one. Got a very quick reply (2 days) interestingly from the same person who previously replied. They have straight away offered £420.00 to settle !! They have stated that in line with FSA guidelines and previous court hearings that they only have to review charges over the last SIX years? That seems wrong as mortgage accounts are TWELVE years I thought? Any views before I kick off to the next stage ...........

My thread is http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/126845-breach-data-protection-act.html#post1331869

Tifo, With the FOS referral does that include late payment notifications entered on my credit file in complete error ?? £300 would be nice as they have not removed them despite stating they have!

Louis, Yes there is the £25, however it has cost me more in my time etc to get them to correct the breach of the DPA. Especially now that they haven't even bothered to correct all entries. They are taking the p@ss. They don't acknowledge they are in the wrong. For a single late payment they would take £50 from me. I am of the view that I require proper compensation for the breach of the DPA. However, how do I pursue that legally? There are templates in the library are they applicable in this case? Is this a small claims matter? Can I claim for costs? Has anyone done so successfully?

Thanks for the reply. What are my rights to fair compensation for there breach of the DPA and reticence to remove the default notes. Especially considering that they are fully aware of the breach having removed the default form Equifax but have appeared to have failed to remove them from other information holders? Do I have to accept there pitiful £25 offer ?

What can I claim? Kensington mortgages falsely placed a default (Late payment marker) on my credit file. This took several letters and phone calls to resolve. Which they begrudgingly did. I asked them for £75, they offered £25 which I turned down. I want to pursue my costs. I have now found that they have only taken the default off of Equifax. It is still on my Experian file. Should I pursue a claim with the ICO or should I pursue via County Court claim. Can I claim for costs for making them amend their breaches of the DPA? Advice please ................. :D

Is another route to now claim for Breach of Data Protection Act, due to their failure to remove all inaccurate information, with costs ?

Thanks for that Chris - clarified things. In the alternative:- What do you think of a claim for my actual costs (time, paper etc) incurred in getting Kensington to correct their breaches of the DPA. I do believe I was turned down for a T-Mobile contract SIM. Before the late payment marker went on I got a contract phone, I applied for another one and it was declined. Which was about the time this went on.

Can I just clarify that I am not using incorrect language. What is on my file is a late payment status marker, ie a number 1 in Orange indicating upto 1 payment in arrears. I have called that a default notice. Are we talking about the same thing ?? Don't want to start this all off to find that its not the same thing !!!

Well, well, I now find that Kensington have only removed the default from Equifax. I just checked my Experian file and low and behold there is the default notice still there. If I go ahead with this claim do I need to send an initial and LBA type letter. My communication so far has been for the costs incurred by me. I did warn them in the last letter (LBA) that if they did not settle with me I would lay a claim and it would cost them a lot more!!

Thank you for your response .......... My claim originally was for my costs they offered a derisory £25 stating they were not in the wrong. I have asked for my time and costs £79 at last count. However reading this thread I do not see that I can mount a claim on costs alone and would have to seek full redress as per some of the arguments in this thread. A short history of my story is that I noticed the default and made a complaint via Equifax, response was Kensington admit error and will rectify. More than a month later default not removed. Letter to Kensington deny that default is an error and refuse to remove. Another letter pointing out full facts as above finally removed but deny any breach of DPA. The default was for one month in arrears at £2995, which of course was a complete error as I described below. As I had no current defaults on my CRA (it had taken me ages to get back to this state) it was blo*dy annoying. Or is there an alternative route?

What they have put on my CRA is a 1 month in arrears default notice. If that makes any difference. Of course I was not in arrears as the mortgage had been redeemed in full.

I had one late payment (by 1 day) about 12 months prior to redemption, I was charged £50 and had a default note with CRA for this. I was up to date with all payments after that. I was up to date with all payments at the time of redemption. Hope that is enough info

I have read thro this helpful thread. I redeemed in full a Kensington Mortgage on 31/8 - the last date of the redemption statement. This was done by telegraphic transfer and confirmed receipt. On 1/9 Kensington wrote to me stating I was in arrears as I had missed a payment by £2995 and charged me £50. I called them they said terribly sorry our mistake reversed the charge. Told me there will be no default its all just an internal automated error. Default was placed on my CRA file. In short I wrote a number of letters. They denied it was an error and the default would stay. Eventually they removed it stating they did not agree that they breached the DPA. But they offered me £25. I calculated my expenses at £79 which I was about to claim. Should I in fact be looking at £2995 + £1000 + £79 costs etc ??

Another fuel petition Has every one signed the petition ??? Fuel price petition If it isn't supported then HM Gov will know we are all apathetic

Mark Francois MP Rayleigh done Geoffrey Van Orden MEP done :D