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Everything posted by Systemerror

  1. Sorry.... have been away. My particulars relate to a claim for harassment so wont be overly useful to you. In your case it would be for Breach of The Data protection Act 1998 and something along the lines of defamation. You could claim your direct costs... eg: Work out how much more mortgage products are more expensive for you with LLoyds incorrectly entering data on your credit file - monthly payment could be £450 instead of £375 so you could claim £ 900 per year plus interest at 8% or £2.46 per day. Do this for everything - mobile phone contracts, credit card rates etc. Then on top of this claim damages for the distress and anxiety caused to you by their inaction etc.
  2. I started big with my claim but on advice reduced it considerably ( To below the 5k threshold) and then ontop of my losses ( Which in your case you need to work out what their incorrect info has / could have potentially cost you ) I asked for "Damages in the discretion of The Court"........might be a way of leaving the opportunity open to get more than 5k
  3. I was rather daunted by the prospect of checking through and transcribing all my call recordings that I had received from them and made to them and also compiling the files that needed to be disclosed to them and the court before the deadline in December. Although I know I have everything I need to win, the prospect of sorting it all was less than inspiring so I rang the bank and spoke to the employee on the case. I asked him how he was getting on with their defence - drew a blank. I told him it's a shame his previous offer was a joke - he said it was a serious offer. I told him I'm going to win the case - he said nothing. I told him it will set a very unpleasant precedent that could complicate their collections department - he said nothing. I told him if he had made a serious offer it would have saved us all a lot of time - he asked what I considered to be a serious offer. I told him that's for him to decide, but a serious genuine offer could save everyone a lot of time and bother. He said he would ask his client and get back to me. I received the settlement a couple of weeks later.
  4. Just a quick update: I shall be having a nice® Christmas due to my claim being settled (Without liability and for commercial reasons only) in full. Thanks to CAG and some particular individuals for your encouragement and support. The bottom line is that you should expect a company to be happy to write to you if you ask them to. Why wouldn't they want to unless of course they want to bully you? The Protection from Harassment Act 1997 is beautifully clear about what harassment is. A course of conduct (Two or more calls in my case) which a reasonably minded person with the same information would consider to be harassment - constitutes the threshold for harassment. If you have been receiving unwanted calls for whatever reason, I hope this thread gives you some encouragement to take a stand. Systemerror. PS: During my research I discovered this: As per the chap who was recently been in the papers, I have sent an invoice to each and every company who has made a marketing call to me after I have asked them not to. So far I have received £2250 in payaments from no less than 11 different companies. Every company bar one has paid up on demand. I shall be making a small claim against that company. You do not have to be on the TPS register to prevent marketing calls. You only have to state you do not wish to be called again. You can sue pusuant to regulation 30 of the Pivacy and Electronic Communications (EC Directive) Regulations 2003. There is no provision for any company to make a marketing call to you once you have asked them not to. Additionally, Section 11 of the DPA 1998 allows you to ask for your data to be suppressed when used for marketing purposes. Although it may be flexible about how long companies have to suppress your data, quoted alongside Regulation 21.(1)(a) of The Privacy and Electronic Communications ( EC Directive) Regulations 2003, it packs a hefty enough punch to make a company pay up with little or no discussion. When a company makes a marketing call to you, tell them you do not wish to be called again and if they do call again, what your terms will be. Record the call. Enjoy
  5. Systemerror

    Kwik Fit

    I sympathise with your frustration. I took my car to Kwik fit for an MOT after having it serviced with pre mot checks at my local well respected garage who said it would pass. Kwik fit were doing a special offer for customers insured through them so I thought I might as well use it. They failed my car because the indicator bulbs were not orange enough. Fair enough - So I agreed for them to change the bulbs which came to something like £20. Kwik fit managed to break one front headlight and headlight mount and one rear light cluster in the process and then bodged them back into place. It was only when all the bulbs blew a few days later that I discoverd thier handy work. The repairs came to around £200 and Kwik Fit denied all knowledge. I for one will never use them again and I tell everyone about this when I get the opportunity. Thanks.
  6. Send to head office. I suggest that in addition along with it you send an invoice. Has the default made products potentially more expensive for you ie could you have been refused a lower rate mortgage because of this or even a phone contract that would have inconvenienced you etc etc? I had a similar situation where I charged them £25 per day for their incorrect info - I have a thread regarding this. I was very militant - I took an invoice into branch each week until they rectified it. They paid up a considerable sum of money on resolution, (so I was glad to see the back of the problem) but not quite what what I billed them. In hindsight I could have taken them to court and won - Good luck.
  7. There have been similar cases with british gas harassing people who they claimed to owe money but infact didn't. Harassment is only what a reasonably minded person in posession of the same facts would deem to be harassment and tinkering with someone's credit file while refusing to address the problem in my mind is harassment. .....and I'm a reasonably minded person.
  8. Have you taken a loan and you dispute the amount owed or have you never taken a loan with this company? If no loan, send following recorded delivery:
  9. British Gas have been done for harassment before. Amongst the communications you send them, tell them that having informed them of their mistake, you now deem their actions to be harassment and any further actions they take to pressure you over this matter will initiate a court claim for damages for distress caused by Harassment contrary to the protection from harassment act 1997. Go get em...
  10. Two things have happened today. 1) I have received Notice of Allocation to the small claims track (Hearing) for early next year. 2) I have received a huge bundle from Lloyds DSAR team. They still have not provided the record of telephone calls that I have asked for. Interestingly, they have provided written transcripts of their own internal telephone calls regarding this matter. There is a call where my bank manager is instructing them to remove my number from their systems, but whoever she is speaking to says she will only do this for 14 days! - despite tyhis, the calls continued. I understand the Notice of allocation but what is this bit about ?
  11. Here is my response to their letter in the earlier post no 38 again redacted and layout messed up just for caggers: Any bits of this and my POC that don't seem to make sense are because of the removal of personal data and dates etc....
  12. Hi Ford, I appreciate all the help and comments from everyone. I will stick everything on here when the time is right - particularly my Particulars of Claim. They contain personal information so I'm sure you understand the occasional PM.
  13. I have today received the Bank's defence. It very much seems to be a copy and paste job. It gets my sex wrong in places and has quite a few mistakes in it but a defence is a defence I suppose. The main thing is they admit to parts of my claim and as to the bits they deny, I have the evidence I need.
  14. No tracks allocated yet. (although AQ questionnaire filled and returned) Next step is for lloyds to file their ammended defence ( resulting from my ammended claim ). They failed to do this by the date set by the judge previously, instead trying to buy me off with their offer in previous post. They have asked for an extension to file defence which the judge granted ( although not giving them all the time they wanted ) this expires very very soon. If they file a defence, the data I need is necessary for the easy prosecution of my claim.
  15. As my particulars of claim were inprecise in the first place ( Where I naively just stated that my claim was only for damages resulting from harassment pursuant to Section 3 of the protection from harassment act 1997 ) the judge invited me to submit an ammeded particulars of claim setting out precisely what the particulars of my claim are. I took this opportunity to add to my claim their Breech of the Data Protection Act. I have set out in the particulars that LLoyds have not provided all my data, and some of what they have provided is on a CDROM that is infected with a key-logging virus which makes the data useless to me. Some of this data is evidence that supports my claim.
  16. Always in writing. Recorded delivery or proof of postage / email.
  17. Visit the branch and give them a written notice instructing them to halt payments to wonga. Ask for a copy of the notice back with their receipt stamp on it. They will then be liable for all further transactions.
  18. It's now four months since I served my data subject access request. I have spoken to their DSAR team every couple of weeks pretty much since they went over the 40 days to chase up outstanding data. Each time they say they have the data I have asked for and will send it out at the end of the week but they never do. In addition to data that I already have (Phone recordings, statements etc) I would like to inspect this outstanding data because I believe it supports my claim against the bank. I believe the bank is witholding it in an attempt to hinder the prosecution of my claim. Am I able to use Court Procedure Rules yet to force disclosure of this data?
  19. Today I have received the order from the court relating to post #45. It says I am the claimant and have sent no letter so I rang the court. The nice lady says "OOps- it's a mistake" and she'll send an Amended Order. She summarised the "Letter" lloyds had sent to the court to me. Essentially lloyds have written to the court saying they have tried to settle the matter and would also like some time to file an amended defence. They copied their letter with the derisory offer to the court. Is this significant? : She told me that the judge has given them considerably less time than they asked for to file their defence.
  20. I used to do my business banking with Lloyds. In the early days I had a super business manager. He used to come to dinner - knew us personally and was always very interested in us and our business. If we needed anything he would get it sorted. Later on, they moved our account to business managers somewhere a long way away, Birmingham I think, who were only interested in selling us crappy financial products. One day after weeks of them not arranging an urgently needed euro account for us, I asked my "Business Manager" what he thought I did for a living and the reply was, "I'm sorry, I don't hold that kind of information and i don't need it either to manage your account!!!!" And they wonder why the credit crunch happened?? We now business bank elsewhere where the service is infinitely better than Lloyds. I would say to anyone who has their own business, who works hard to make it work, who is proud of what they have built...don't let Lloyds anywhere near it. They will do their best to screw it up!
  21. Have you made a formal complaint? You do not have to service your loan from a LLoyds account. I had an almost identical situation where we paid a loan off early and the numpties thought we had stopped paying the loan payments and started placing charges on an account that we had asked to be closed a year earlier. This triggered their collections department to start telephone harassing us and we now find ourselves with the inconvenience of taking them to court. We will win and they will have to compensate but that's another story. What I learned was: 1) Do not speak to them on the phone unless you are recording the call. They are institutionally disfunctional and will lie to you and say one thing and do another. 2) Every time they make a mistake, make a formal complaint and insist on a seperate complaint reference number. 3) Check your credit reference report....Noddle is good. 4) Bypass FOS and go straight for a civil claim using BCOBS....put them on the back foot....they will probably make a "commercial decision" to settle your issues quickly. I am pretty certain that if you do this, you will have your problems sorted pronto.....
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