EXPERIAN... The final battle commences

[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.

[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'

[finlander]

Royal Marine.... :grin:

[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...

[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'

[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?

[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’

[finlander]

tom brennan case was about compensation for his bank charges... he had already been refunded the charges plus interest but decided to take the back to court for compenstation.

 

Judge Cooke had no choice in his ruling..he asked the claimant 'do you think you breached your contract?' he answered 'no'...

 

Some would say.... and did at the time..that Toms case wase ill judged and at one point the judge openly showed his contempt for his arguements after Tom said he couldn't go out on his birthday for a pint because of the charges... The judge and others thought that it was deliberately contrived to get the case to court.

 

I agree that the OFT were probably spurred on by these case's. But that must surely be that they could see the importance and didn't want a high court case ill prepared. They are after all winning for us now.

 

As for the CRA's 'giving into me'. I dont believe they have a choice. Their own guidelines say that if a dispute is proven all entries MUST be removed. I have two in court (how much more disputed could that be) and the three CCA accounts have me, in effect , alledging that the three banks have comitted a criminal offence. Now surely that counts as a dispute?

 

That is the facts. I have told you the retreat i have offered..its no secret. Remove the defaults I go away. Their own rules say they should. where is the loss of face?

 

I have not asked them to 'give in without checking' But I do expect them to check. And when they do they should find that what I told them is the truth. What I will not allow is the 'We asked the lender and he said it was all true' rubbish.

 

As for Equifax and Call credit... as I said at the begining once EXperian have done what their own code says they should do.. I will move onto them.

 

I'm not trying to get the small claims court to re-write the magna carta or rule on 'cause celebre' I am asking them to enforce the data protection act... their job.

 

To all the Doom sayers..... lets thrash this out in this forum then.

 

My case.

 

1.two pending trial

2 no CCA's no default and perfect payment till this breach of the law

 

3.the ICO says.

 

'if dispute no default.

 

4.I say to Experian that all these lenders false info is unimportant till you publish it. They fail to investigate and simply take the lenders word.

 

That is where we will be by the time of the court action.....

 

Ok now we .. the thousands on here must be able to think as much as their clever lawyers... what is our defence if we are Experian?

[finlander]

while we are at it...lets discuss who has been backed into a corner....

 

My fixed rate mortgage runs out in november...with these defaulst I can't get another. If the recession deepens and intrest rates rise.. I could lose my house.

 

My bank withdrew my cheque book the other day..the reason ..these defaults...

 

I can't open another bank account... the reason.. these defaults...

 

starting to see the pattern?

 

As i said in a previous post.. I have thought about this.. obtained legal advice and asked if my insurance will cover it... the answer was yes... I am willing to go all the way rather than serve a six year sentence.

 

All experian have to do is look at the vidence I have sent them and ask the lenders to disprove my story..

[finlander]

cheers sparkie... I have your thread down to read ... will pm you back...

[finlander]

sparkie.. thanks for that... constrctive..to the point and from experience...

[finlander]

Sparkie...

 

Pm me any other links you have...

 

It seems we are both of the same mind

[finlander]

THECTEAM,

 

this is the kind of letter I will be waiting for. It's what I expect and the begining of treacle trap no2... get you argueing over data protection and with the DCA/bank and not the CRA. It is obvious the CRA hasn't taken reasonable steps to ensure the information is correct.

 

At this point I would be contacting the ICO. give him a chance to earn his money..(which i doubt he will) and make you look reasonable to the court.

 

Because the court WILL BE THE NEXT STEP.....

 

WOULD YOU TAKE THIS KIND OF DEFAMATION FROM ANY OTHER PERSON OR COMPANY? OF COURSE YOU WOULDN'T SO WHY DO YOU FROM THEM?

 

The time has come to say stop. Don't get dragged into a pointless time wasting arguement with these fools.

[finlander]

Lets look at this simply... it always helps I feel.......

 

I own a bank... you asked me for a credit agreement(a legal requirement to lend money). I havn't got it because my sale dept was greedy and bypassed your customer rights to get a quick sale. I send you some rubbish and claim that it satisfies the law. You complain (raise a dispute) and effectively accuse my bank of a criminal offence! I look into your dispute and decide, as I would, you are wrong. You say 'ok take me to court, let the judge decide'. Now I can't do that as that would be very bad for me. So what do I do? I tell my friend in a CRA that you have defaulted. He circulates this to the world and will keep doing so for 6 years. I know that the account is still not resolved. Not resolved means still in dispute. But I have decided that it is resolved because I couldn't get my own way. I won't let it go to arbitration because I will lose that. But I still say the dispute is resolved and your a defaulter. When you see this you complain to my friend. He should really check but instead he just asks me 'is it true?' I say yes of course. I dont want to get into trouble with my friend as well. I wonder if this goes to court the judge will understand?

 

 

 

[finlander]

thats what your up against.... forget the data protection act..., CCA etc etc and forget about argueing... have they lied? can they prove what they have published? if not then fight back.

[finlander]

Thanks for your support DEEDEE,

 

I have taken legal advice from my staff associations legal team but obviously don't want disclose what they said here with the CRA's watching. It was however very interesting and I will divulge later. It basically was down the line Sparkie has already been and been successful at. It appears that he is right in the simplicity of certain laws we forget. When it comes to court if it stays in the small claims track I shall be representing myself and will PM a mod.

[finlander]

Just a quick update..there isn't any yet... nothing more from experian but they did say it may take 28days...

[finlander]

Intresting to see whats been happening since my last post. As far as Ican seen Experians and call credits replies are exactly the kind of twaddle I would expect mine to be when it arrives. However I have no intention of arguing with Mr Han COCK at all. If thats what I get he gets a complaint to the ICO and then a summons. Remember 'DON'T GET DRAGGED INTO AN ARGUEMENT'... And keep the letters... will look good in court ' We don't have to check if our data is true because our client pays us!' ..LOL... the judge will love that one

[finlander]

Still no word from experian... but other good news..my council tax has dropped a band after my appeal........ so if your thinking about appealing it's worth it.

 

All the posts here are intresting and it's good to see some of the feeble arguements put forward by experian. They seem desperate to get everyone argueing over the Data protection act, CCa etc. MMMM wonder why that is.....

 

Oh yes I know... it wastes time... well ... Robert Murat did rather well today from people who publish untruths... wonder how Experian will do in court come that fateful day...

 

The bit about not having to send you a exact copy of you CCA is classic.. it might carry weight in the CCA act but in the end it would have to be produced in court during a defamation action... wonder how they will cope with that?

 

chuuuuuching.............

[finlander]

ok.... sparkie as a help can you brief the fine people on here how to take a action for libel to county court. Just the simple steps...

 

I think many would be interested in kicking over experians and the CRA's apple cart ......

 

After all would we stand for them writing 'criminal' on our files?... NO?... then why defaulter unless they can prove it?.......

[finlander]

cool........... the feline is firmly amoungst the winged creatures......

[finlander]

ok people now we are talking.... thanks for that sparkie....... I think we can start to see that the DPA and the CCa are very much the weaker relations next to this lovely piece of law.........

 

In my view (and my legal advice) as the credit refrence agencies state in the terms and conditions to their 'customers' (the banks ) that they both agree to -

 

12. Following the law

1. Both of us agree that, in relation to providing and using the Services (as appropriate), we will both follow all relevant legislation and regulations. These include:
   
   • the Consumer Credit Act 1974;
     
   • the Data Protection Act 1998 (including the Data Protection principles);
     
   • all amendments to the above Acts;
     

Experian Terms and Conditions

 

 

that means that if they have no CCA ........ they have no legal agreement... they are bound by the CCA.... therefore the default is registered under the CCA....... no agreement means no enforcement..

 

No agreement means the default cannot be truthful. a default under the CCA means ' the debtor has failed to keep to the terms of their agreement'.

 

what agreement?....... that statement above cannot be the truth if no agreement under the act exists. :grin:

[finlander]

thanks sparkie

 

Being unconquerable lies with yourself; being conquerable lies with your enemy.You cannot stop innovation.

 

Sun Tzu 'The Art of War'