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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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UK26 -V- Experian Limited


UK26
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Subbing, very interested in the outcome of this. I was planning something similar against the CRAs last year but had to put it on the back burner

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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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

 

Never mind when the consumer complains. They should do it for each and every item of data they hold. If they aren't able to do that due to the volume of data they hold they either need better systems or less data

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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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

2 weeks ago i asked Experian to delete information from my file regarding a default for a regulated hp agreement,i have not payed a penny towards a vehicle i was provided to which was not the vehicle supplied since march 08,Volkswagen finance then issued a default on my file for 6 non payments, its actually 8 missed payments,but the contract has been rescinded therefore not legally enforceable,Experian have been informed to remove the incorrect data from my file due to it being a non enforceable contract, and the info is incorrect,they say they are not allowed to supress the information without the lenders permission or the commissioners office, Experian have contacted VW 2 weeks ago to ask for there comments but without any answer. So i emailed Experian yet again to ask for the information to be removed by this Friday the 7th Nov, the information is still on my file,so i have asked if they cannot provide documentry evidence from the lender i want the default supressing,but they say they cannot remove it.the dispute relating to the vehicle has been in the hands of my solicitor since March 08 and is still ongoing, yet Experian will not remove the default yet they have no evidence at all from the lender.your comments please

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Maybe, if i win my case with the help of you guys, it will be a big lession for them and they may then stop doing the stuff they do and keep fobbing of people.

 

MR Mills, said to me yesterday, that they dont do suchj thing, I said there are alot of pis*se* off people, he said, alot of the time people complain about nothing just to try and get information deleted.

 

He claims, in the last 10 years, i am the only one so far who has managed to get a case listed for a hearing. so he is worried

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Sorry UK26 not a N244 answer. Sorry to all other caggers but this question has been burning inside me all day and to be honest I feel that I must not be the only one thinking this right or wrong. But to get the right info is what we are all here for...to help eachother. Now for the question...would it not have been easier to serve the court papers on the Creditors that put the details on your file in the first place this way they would have had to answer and therefore because they could not supply the correct documentation would have almost def' removed your details from the CRA files. Please understand UK26 I think what your doing is brill and am behind you. These CRA's must think the law don't apply to them.

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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well done uk26 keep going you will win and i will learn from you and i will be suing equifax then for failing to remove incorrect data about myself.

 

i am learning lots and let us all sue the cra's now when they put incorrect data on our files

 

alll the best uk26 i will be looking every day at your brillian posts

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would it not have been easier to serve the court papers on the Creditors that put the details on your file in the first place

Better to take one company to court and get say 4 incorrect pieces removed then to take 4 companies to court. And your also liable to recieve compensation as well.

 

because they could not supply the correct documentation would have almost def' removed your details from the CRA files.

 

Experian ONLY remove information if told to do so by either the company providing the info, The courts or The Information Commisioner.

They ignore all requests from Joe Public to remove, DESPITE them recieving proof the info is incorrect.

 

I hope this gives a better understanding of his actions, Im sure if im incorrect he will pop along and say so

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Better to take one company to court and get say 4 incorrect pieces removed then to take 4 companies to court. And your also liable to recieve compensation as well.

 

 

 

Experian ONLY remove information if told to do so by either the company providing the info, The courts or The Information Commisioner.

They ignore all requests from Joe Public to remove, DESPITE them recieving proof the info is incorrect.

 

I hope this gives a better understanding of his actions, Im sure if im incorrect he will pop along and say so

I have had my default removed today regarding a non enforceable hp agreement,it took 3 weeks to sort with Experian,they fobbed me off with the commissioners office,they cannot remove the default without the lenders consent and the commisioners office,bla, bla, bla,so i threatened them to remove the default by 12 o clock yesterday,this has happened they have no evidence from the lender so they have suppressed the information,quote the data protection act section 41 43 etc you can download the act from the following link www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

and threaten them with court action unless they can substantiate from the lender the default is correct.they are only a company not a government body if they dont comply with English Law threaten to libel them if the information is incorrect.

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Do you have a template of the letter you sent them

Regards DK

Just click on the link in my post above and print out then disect the relevant data protection rules thats relevant to your case, but you must make sure you have compelling evidence to have a default removed from a solicitor/barrister because it must be truthfull its very self explanatory when you read the act dont let them fob you off keep harrassing the CRA weekly,as they are harrasing you credit report and your worthiness for credit,they are only obliged to comply within the data protection act,and it does not overide English Law.
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Thanks for the update, keep up the excellent work

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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The Allocation Questionnaire gives hint that this case will go fast track

 

N150 been given to me to complete and not the normal N149

 

 

Need your help guys, i would like to make it really hard for experain

 

any suggestions on completing this AQ?

 

Proposed directions?

Which track do you consider is most suitable for your claim?

Edited by UK26
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I would try and keep it to the small claims track....if it goes to fast track and do happen to lose you will be liable for Experians costs.

Also I would remind you the ICO legal Guidance also reminds data controllers that as well as complying with the DPA, they must also abide by all other statutes, laws, regulations and guidelines both statute and common law.

 

sparkie

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Wonder why Experian would want to incur substantial legal costs in defending this case, even in the very unlikely event they win, the claimant might not have the ability to pay their costs which would run into £1000's. Now multiply this by 100 claims or maybe 1000.

Edited by humbleman
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[update]

 

Just sent the below email to Mr Mills

 

Dear Mr Mills

I now draw your attention to Section 42 and 45 of http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

Unless you can confirm to me, the defaults in question have been removed within the next 24 hours, I will be filing an application at court for summary judgement against Experian.

 

Please also note, I have received the Allocation questionnaire from Peterborough County Court. The fee required to send this to the court is £200.00 and I will ask all my legal costs in obtaining judgement to be awarded on top of any compensation.

 

I await your response.

 

UK26

 

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keep it up "D" going well

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Good luck again...

somehow not getting update emails, so will re-sub LOL

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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