UK26 -V- Experian Limited

[madpriest]

subbing

[UK26]

Hi

 

Still working on the case, just an idea i need to run passed you guys.

 

Can i do a witness statement to support why my claim should be heard and not be struck out? or is it best to simply send in the statement of caese??

[flintstones1960]

subbing

[Sparkie1723]

Hi

 

Still working on the case, just an idea i need to run passed you guys.

 

Can i do a witness statement to support why my claim should be heard and not be struck out? or is it best to simply send in the statement of caese??

 

I would submit to the court that you believe your claim also consists of elements that are of particular public importance,

It will be extremely doubtful that it will be struck out they are saying this to you in an attempt to make you give up. They do not want you to get it into court.

 

I have just warned Experian that I will be taking them to court also, and I have had exactly the same monotonous wording back.

 

Thyey will apply nfor strike out due to claim having no merit and apply for costs of strike out etc etc ...."bulls droppings" aren't I polite????:D

 

I'll be posting some more stuff on my HBOS thread, I'm having big time fun with them.

 

sparkie

[spark1]

deleted

Edited April 5, 2009 by spark1

[UK26]

Hi, spark1 civil procedure rules state, where a lay representative conducts a case on behalf of the claimant or defendant that the lay representative can only do so in the presents of the claimant or defendant and cannot do so if they are absent.

[spark1]

Hi, spark1 civil procedure rules state, where a lay representative conducts a case on behalf of the claimant or defendant that the lay representative can only do so in the presents of the claimant or defendant and cannot do so if they are absent.

 

 

Thanks for that info m8.

[Jesteruk]

Best of luck UK.

Mine is on hold to await the outcome of this one.

 

Again Best of luck!

[FLWLSW]

Subbing in - fantastic work people.

 

the very best of luck

[100mel]

subbing - this is in all our interests - I wish you well

[Sparkie1723]

HI UK26,

 

I will be taking Experian on very soon, in the meantime I have come up with some questions for all CRA's to answer and may come in use to you to ask in court.

 

sparkie

 

Questions about the processing of Data & Information about individuals.

What law statute or regulation states that Personal and Financial information MUST be supplied to Credit Reference Agencies. ( CRA’s)

Questions regarding CRA’s.

1…What law, statute or regulation states that a CRA MUST accept all personal and financial information without question?

2…Why do CRA’s appear to believe and argue that they are not duty bound as a designated data controller in receiving and further processing data, to abide by the same obligations to an individual as another data controller who supplies data to a CRA, in ensuring that the data is lawfully obtained and passed to them in compliance with the First Principle of the Data Protection Act 1998?.

3…Why do CRA’s appear to believe and argue that they are not duty bound to ensure that the data they receive/obtain and further process is accurate, true, correct and up to date, in compliance with the Fourth Principle of the Data Protection Act 1998?

4…Why do CRA’s appear to believe and argue that they just have signed contractual

obligations to their clients and not have contractual interests/obligations to an individual, after all it is the information about individuals from which they make their money and depend on for that money,

5…Why do CRA’s not have in place a system which prevents the unlawful access to their system to prevent unlawful processing of data ( processing also means “obtaining of data” ) and is a necessary requirement under the Seventh Principle of the DPA ( Security of data.

i.e to prevent unlawful searching of a credit file without the knowledge and consent of the data subject.

In other words just allowing any client to access any file they wish without checking they had authorisation

6…Finally why is it that CRA’s are biased against all reason, by over riding any legitimate complaint/ dispute made by an individual. Why is this accepted when only a court can decide if they have that right.

[DCA-KING]

check out post 3 section 3.9 and 3.9 2

Provide to the defendant copies of the lenders credit agreements

How many people have sent a CCA and got a letter back stating they int got a agreement so thers no chance of producing one in court??

[UK26]

[update]

 

Has you may know, I took court action against Experian Limited for publishing incorrect data.

 

Andrew Mills applied to the court to have my case struck out and be awarded over £700 of costs.

 

Today was an application hearing to have the case struck out

 

Andrew Mills and I both attended court

 

 

 

Hearing lasted for 1.5 hours in total

 

 

Outcome was, Application to have my case struck out was dismissed, and the judge ordered Case Allocation Questioner to be sent to claimant to be completed and returned.

 

 

 

Andrew Mills invited me after the hearing for a quick chat.

 

He as now agreed to go back to the banks and question the data again, but also ask to see proof.

Andrew Mills, wanted me to suspend my case, pending there investigation into my disputes. I advised Andrew Mills, that I would only allow this, if they remove the data now or block it from being seen by other lenders. He denied this, so AQs will be filed with the court.

Edited November 6, 2008 by UK26

[Hadituptohere]

Go get them UK, well done and im sure you've got them quaking in their boots.

keep us posted

 

Hadituptohere

[kiptower]

keep it up mate , been following this elswhere direct with you as you know "moto"

 

its time they were brought down

[Sparkie1723]

Hi UK26

They do not want your case heard in court

They don't want to attempt to pull the wool over a judges eyes the same way they do with a data subject.....I will bet before they will allow it to go to a full hearing they will offer you quite a bit of compensation linked to a non disclosure agreement.

 

sparkie

[UK26]

that would be interesting

[Jesteruk]

Excellant result well done

I noticed they said they would check proof, they should do that anyway when the consumer brings a complaint up! cheeky blighter!

 

Good luck

[humbleman]

Excellent.

 

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

 

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.

[DCA-KING]

We will Check they should have done that bloody before i would have said well i thought you carried out checks?

i would not back down now even if they offer you out of court to drop it hes crapping himself thats why he wanted a chat???

i would write and tell them if they contact you will look forward to seeing you in court

bet this will not get to court

I had the same problem with someone i worked for took it to court for Damages For PTSD they asked can we have a meeting with you and you legal team YES OK

went along we would like to settle out of court THEY GOING TO ADMIT THEY WERE WRONG no

ok see you in court BYE

7.30pm night before court gets a call off them with a offer we will meet you and legal team at your home if you agree NO see you tomorrow goodnight

9pm get a call from my legal team with a offer of them they will give me the full 30yrs service and medically retire me and X amount if you agrre tonight SORRY HAD TO TAKE THE OFFER IT PAID OFF MY MORTGATES AND SET MY KIDS UP WITH A GOOD TRUST FUND

boy didnt they sweat working till 10.30pm panicing to sort it before 9.30am god i loved having them on a run around they even paid for me to have a taxi 40 mile round trip to sign told them they not welcome to come to my home

keep them on the run

Regards DK

but in afriaid will todays credit crunch if the offer is good you gota take it but hold out till last minute

or we could always let it run to set a presedece and all CAG members donate a quid or 2 each to match there offer i know i would

because if you win we can all go get them

[Hadituptohere]

here here DK, can you imagine, the floodgates would be well and trully open. there are so many people behind UK and this thread

[UK26]

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

[UK26]

Hi

 

How would i apply for Summary Judgment?

 

Excellent.

 

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

 

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.

[humbleman]

Hi

 

How would i apply for Summary Judgment?

 

Think you just fill N244, and no. 3 where it says what order are you asking the court to make, you would just say you want a summary judgment, since you don't think that the defendant has any prospect of defending this, thus no reason for it to go to trial, and you want to deal this by way of a hearing.

 

I am sure other experts will help fill in the missing bits.

[mahharg]

Subbing

 

Hi UK26 I am watching with interest good luck although I don't think you will need it. If they could defend and were confident they will win why would they want to speak to you out of court at all?. As been said before...go get 'em.

 

DK your post #49 made me smile that was def' a victory well done for you and your kids although no more than you deserved.