EXPERIAN... The final battle commences

[finlander]

DIPPLY75........

 

Just read Mr Levers letter... wonder if he knows Millsy?.... anyway I have never read such garbage in all my life........

 

I have absolutely no intention of asking for a notice of correction or any other such rot that everyone will just ignore anyway...

 

The poit is prove the defaults or stop publishing... yes I am looking forward to the fray........

[Josie8]

sub

[finlander]

In the attached thread above JamesJ... (I wonder could it be Millsy... )

sees to confirm what I'm after. He admits that experian are a clearing house... more or less confirming that without them lenders wouldn't be able to access your details. This is great because that also means that without them the lenders wouldn't be able to spread untruths... oh goody... That puts a very heavy burden on them to prove what is being published is true.

 

The 'it's not us but them naughty lenders guvnor' defance is sooooo not going to work when we get to court.

[jansus]

very interesting thread

 

I had problems with experian after a fraudulent purchase in my name - and searches on my account that were not authorised .Not as bad as a default I know but why should they release data on me and register associated addresses that are not mine on my report. When I asked for them to be removed they refused saying they had evidence the addresses were associated with me - but would not produce the evidence.

 

You have inspired me to carry on the fight.

[finlander]

TO ALL WHO ARE CARRYING ON OR STARTING THE FIGHT...

 

have a look at the previous thread.... jamesj is a prime example. Do not let yourselves be dragged into silly arguements with CCA's. They know they are in the wrong and the strategy is to getting you arguing but keep you out of court.

 

That way they can carry on defaming you....

 

Ask yourself this question.... If the daily Mail was writing untruths about you... or your neighbour... or your ex-employer was in a job reference based on something a third party had told them... would you expect justice?........ the CRA's are no different... just a little bit more stupid....

 

well apart from Millsy and my new friends......

 

 

 

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

[TideTurner]

finlander, are you ex military?

[finlander]

Royal Marine.... :grin:

[TideTurner]

Hope they know what's coming. Remember, they have access to complete batallions of lawyers, and when threatened, will not hesitate to bring in the big boys at whatever cost.

 

Use the info on CAG to your fullest advantage, and always keep an ace up your sleeve.

 

If you look at the position from the enemies point of view, they have enjoyed many years of expansion and enjoyment from their spoils. They will not, and cannot retreat.

 

Also: -

 

Depend upon it Sir, when a man knows he is to be hung in a fortnight's time, it concentrates his mind wonderfully

Samuel Johnson 1777

 

Don't show your full position, don't expect a walkover, and do your homework, sometimes you only get one shot.

 

Here with an ear.

 

Tide

[finlander]

Those skilled in war bring the enemy to the field of battle and are not brought there by him. Build your opponent a golden bridge to retreat across.

 

Sun Tzu 'The art of war'

 

I am aware of their predicament...

 

But they should ask themselves this..... how can you prove a lie is the truth... Why end all those golden years in a court battle you may... and very likely will lose?

 

I have nothing to lose... they have everything to lose...

[car2403]

I have nothing to lose...

 

I'm hoping I'm wrong here, but you seem very, very disillusioned, I have to say.

 

I'm with you all the way, in that you have a very good argument.

 

There is an alternative, though...

 

They don't cave in, as you say, and you do get to Court. Because of the interest you've generated on this thread, that is more likely now. Also because of this interest is the Judge less likely to actually deal with your case and refer it to the High Court. Along with a High Court referral, are you going to face thousands of pounds worth of costs. Do you think this will bother them? I don't!

 

"Attacking the head of the snake is one thing, but just be sure you've covered yourself with a shield against the sting in the tail, should it rear around and come at you unexpectedly"

 

car2403, "EXPERIAN... The final battle commences" post #85

 

[angry cat]

I'm hoping I'm wrong here, but you seem very, very disillusioned, I have to say.

 

I'm with you all the way, in that you have a very good argument.

 

There is an alternative, though...

 

They don't cave in, as you say, and you do get to Court. Because of the interest you've generated on this thread, that is more likely now. Also because of this interest is the Judge less likely to actually deal with your case and refer it to the High Court. Along with a High Court referral, are you going to face thousands of pounds worth of costs. Do you think this will bother them? I don't!

 

"Attacking the head of the snake is one thing, but just be sure you've covered yourself with a shield against the sting in the tail, should it rear around and come at you unexpectedly"

 

car2403, "EXPERIAN... The final battle commences" post #85

 

 

The above Quote, is like somebody throwing a bucket of cold water over a person!

 

The CRA's have been processing consumers subject data now for many years, they have no legal obligation so do so; it is simply just standard industry practice...It is NOT 'The Law'. It all started way back in the days of the mail order catalogues.

 

I for one am enraged over the incorrect, unjustified and unwarranted data that they process in relation to me. THE CRA's have no legal right to process such data and even if they did, the CRA's apparently do not even bother to check as to whether the data is correct, which is a breach of The Princoples, in itself.

 

Enough is enough, time to fight back for 'Our Legal Rights'.

 

AC

[yhs4260]

angry_cat whilst car2403's comments may seem to you as throwing cold water over the argument, it may be a wise idea to listen to his words. Whilst not trying to blow smoke up his tailpipe I can catagorically say that his advice is very often trustworthy and a reflection of personal experience in these matters.

 

I too wish you the best of success in your endeavours.

[angry cat]

I believe it is wise to listen to the words of car2403's words. However,I also am of the opinion that, 'Consumers have to stand up for their Rights'.

 

AC

[PriorityOne]

I believe it is wise to listen to the words of car2403's words. However,I also am of the opinion that, 'Consumers have to stand up for their Rights'.

 

AC

 

Totally agree with you.... but while you're doing it, it's important to be aware of all the incestuous links between the financial industry, DCAs and the CRAs. They look after their own and often have friends in government/legal circles as well.

 

Why else do you think there is so very little intervention from the regulatory bodies that were supposedly set up to protect us from such behaviour ?

[foolishgirl]

We all need brave leaders - the banks/CCs would still be hanging onto ill gotten gains & this site wouldn't exist without them.

I cheer you on Finlander, but please watch your back; the knives of the big boys are expensive & well honed.

[car2403]

The above Quote, is like somebody throwing a bucket of cold water over a person!

 

Sometimes a cold bucket of water is what is needed to get people back on track. It's easy to misunderstand the legal arguments behind what is posted and get so close to the cause that you miss the bigger picture.

 

For example;

 

The CRA's have been processing consumers subject data now for many years, they have no legal obligation so do so; it is simply just standard industry practice...It is NOT 'The Law'. It all started way back in the days of the mail order catalogues.

 

I'm not sure what you mean by "legal obligation"? They don't need a legal obligation to process your data - you allow, by contractual relationship with lenders, the CRA to process your data explicitly. In fact, they don't need an obligation to share your data, as they claim they have a legitimate interest in the processing. (Sharing it for credit referencing purposes)

 

I for one am enraged over the incorrect, unjustified and unwarranted data that they process in relation to me. THE CRA's have no legal right to process such data and even if they did, the CRA's apparently do not even bother to check as to whether the data is correct, which is a breach of The Princoples, in itself.

 

Enough is enough, time to fight back for 'Our Legal Rights'.

 

AC

 

If it is incorrect, unjustified and unwarranted, then you have a right to have that corrected - the Data Protection Act.

 

They don't need a legal right to process, as I've mentioned above. I agree that they don't take their duty to check data accuracy to the required standard. The problem being that obstacles are put in our way when we challenge them on it.

 

angry_cat whilst car2403's comments may seem to you as throwing cold water over the argument, it may be a wise idea to listen to his words. Whilst not trying to blow smoke up his tailpipe I can catagorically say that his advice is very often trustworthy and a reflection of personal experience in these matters.

 

I too wish you the best of success in your endeavours.

 

Thanks, yhs.

 

The whole point of this site is to share experience and to learn from one another. Most of this is about personal opinion, so there isn't a right or wrong - only told and untold opinion.

 

IMHO, the OP needs to understand what they are taking one. In sharing my opinion, I'm hoping the OP will be better informed and won't be so disappointed as I have been in the past. Here's just one example;

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/111666-car2403-o2-wescot-dca.html

 

I believe it is wise to listen to the words of car2403's words. However,I also am of the opinion that, 'Consumers have to stand up for their Rights'.

 

AC

 

Too true, AC - couldn't agree more.

 

We do, though, need to remain focussed on those fights that we can win.

 

As I said earlier in the thread, this is one I'll watch closely...

[TideTurner]

I cheer you on Finlander, but please watch your back; the knives of the big boys are expensive & well honed.

A man with nothing to lose is a very dangerous man indeed. They tried to have me, still are, but all it does is strengthen my resolve and determination. Do your homework, and before D-Day, run the lot past somebody in the know (with as much notice as possible).

 

TT

[finlander]

Thanks for everyones imput... Don't worry about throwing cold water .. it all helps to maintain a balance.

 

I except that they are bigger...richer..have nicer hair, armed with armies of clever lawyers... and that they probably all have big cars and swimming pools...

 

but.... my case is simple....

 

1. all my debts are covered by CCA (and its lovely rules).

2. all had perfect payment history until the dispute began with the banks.

3. all are in dispute. 2 are at court.

4. all the defaults are registered well after the disputes started and as an alternative to trying to seek enforcement from a court..or as a way of stopping me from seeking a courts ruling (the two pending trial)

5. The ico guidelines says this is unacceptable.

6 Im right.

 

I work in a legal enviroment dealing with solicitors and barristers on a daily basis. The myth of the clever lawyers who can bend laws is just that..a myth. If a case is so water tight it makes your eyes water,or worse still dangerously near the mark,then a clever solicitor will warn against trial and to settle out of court rather than dream of taking the risk of setting a precedent against his clients interest.

 

That is why I do not believe any talk of the high court.

 

It took us how many years and cases to get the banks to court? How many millions?

 

You really imagine in your wildest dreams they would take Mr Finlander to the high court? for what? one verdict against the little man when the chances are, however small, they could lose..and lose millions in profit if they do. It's a much better idea to buy the little man off with what he wants.

 

I think we have a danger of being to over frightened of these people.

 

I fear LLoyds TSB...the richest bank in the Uk... more than I fear them...and we have damn near beaten them already... clever lawyers ?

 

As for my reference of having nothing to lose. I have everything to lose in my family etc. I mean I have nothing they can take off me. They have stolen my credit worthiness and my good name. And I think it's about time a judge heard how they can do this...and why they do it.

 

And as far as Experian are concerned..... who allows them to.

 

My plan is clinical, timetabled and has no room for fear.

 

 

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

He who knows when he can fight and when he cannot will be victorious. He who is prudent and lies in wait for an enemy who is not, will be victorious.

Hold out baits to entice the enemy. Feign disorder, and crush him.

 

Sun Tzu 'The Art of War'

 

 

for animal quotes try...

 

'better to live one hour as a tiger than a lifetime as a worm'

[TideTurner]

I think we have a danger of being to over frightened of these people.

 

I fear LLoyds TSB...the richest bank in the Uk... more than I fear them...and we have damn near beaten them already... clever lawyers ?

 

As for my reference of having nothing to lose. I have everything to lose in my family etc. I mean I have nothing they can take off me. They have stolen my credit worthiness and my good name. And I think it's about time a judge heard how they can do this...and why they do it.

 

Until you are hit with massive costs. I was referring to them having nothing to lose, and coming back at you like a rat out of a corner.

 

My plan is clinical, timetabled and has no room for fear.

Fear and courage are brothers. ~Proverb

 

Good luck, right beside you

 

Tide

[finlander]

tide...

 

you always allow an enemy an escape route...mine is simple..remove the defaults... I go away... I don't need the money... just what is mine..

[finlander]

I also understand that there are spys operating on this forum. Luckily for me spy's work for both sides.

 

Because of that it is my intention that when we get to the court stage of the battle I will stop posting in this thread. I will ask for a moderator to second check my case work but only via PM.

 

When the result is known I will post that.

 

I have always, even in my first letter offered Experian the way out without causing the any loss of face or money.

 

Simply admit the defaults are wrongly filed, remove them and I will be happy.

 

I will conduct the proceedure through the small claims track but I am happy for this to go to commercial court and higher as I have legal insurance from my work that covers all litigation civil/criminal for both me and my spouse providing a firm of solicitors and the full costs any litigation.

 

They are the solicitors I have already obtained legal advice from and represent a staff association of 28000. What price rich lawyers now?

 

the OFT , ICO guidelines and the CCA 1974 are all on my side. They have 'industry pratice' and a letter from the ICO that doesn't even apply here.

 

If you are reading Experian.... be sensible.. choose your battle.. don't let it be choosen for you.

 

8-)

 

Engage people with what they expect; it is what they are able to discern and confirms their projections. It settles them into predictable patterns of response, occupying their minds while you wait for the extraordinary moment -- that which they cannot anticipate

 

Sun Tzu 'The Art of War'

[finlander]

for animal quotes try...

 

'better to live one hour as a tiger than a lifetime as a worm'

 

Mind you who's heard of a worm skin rug?

[Skell18]

subbed this and other threads have kept me up way too late!

[finlander]

‘When I was a boy my father took me to a badger baiting. The badger is put in a large pit and the dogs released. At first the dog’s task seems completely hopeless. The badger is immensely powerful and utterly fearless. The dogs suffer terrible damage.

Eventually one dog will get in a lucky strike drawing blood… and others take heart’

 

Francis Urquhart ‘The Final Cut’

[tifo]

why aren't Equifax and Callcredit mentioned here when the same applies to them as well?

 

i intend to ask all three CRAs to remove the defaults or substantiate with a valid agreement from their client.