Sparkie v Experian & BOS

[Sparkie1723]

Had a reply from Mr Lever, and sent him a rely and then sent hime a copy of my mickey mouse agreement of MBNA's, I have heard no more.

 

sparkie

 

11 February 2009

Dear Mr Sparkie

Thank you for your e-mails received on 10 February 2009.

I appreciate you clarifying that MBNA terminated your agreement. However, I refer you back to MBNA's standard terms and conditions, which I believe apply to all of their credit cards and have highlighted the sections that outline that if they terminate your card they can still add interest and charges if the balance owed is not repaid.

"10 Ending this agreement

10a We may end this agreement at any time if we write to you first to tell you that we are doing so. If we have a valid reason, we may end the agreement immediately and write to you as soon as we can afterwards, to tell you why we have done so.

10d After we close your account, you will still be personally liable to pay all amounts which become due to us, for example, any residual interest, any subscriptions and regular payments that you have not stopped or outstanding credit-card cheques. We reserve the right to apply interest on such amounts in accordance with this agreement."

As it is clear we are not going to reach to a resolution to this matter we will not be corresponding any further regarding this account unless you make a legal claim.

Kind regardsPaul Lever

Consumer Compliance Manager

Directors' Office

 

 

Dear Mr Lever,

 

You keep putting forward MBNA's standard terms and conditions ....Why can you not understand the agreement I have consist of two pages it has both my signature and MBNA's signature, the terms and conditions consist of THREE core terms. NO more. They are numbered 1, 2, and 3.

 

I will scan this "alleged agreement" and send you a copy as final absolute proof wherein you will see that in conjunction with the case law supplied to you, it is completely unenforceable and those rulings apply, and is the reason that MBNA will not attempt to enforce it, and are taking the malicious actions via supplying the Credit Reference Agencies with incorrect data.

 

As I have stated I will take action for Libel/Defamation against you, without any doubt whatso ever.

Copy of my agreement will follow in another E-mail

 

Yours sincerely

[Sparkie1723]

I then sent this to Mr Lever

 

sparkie

 

 

Dear Mr Lever,

Please find attached MY copy of my agreement that is "purported " to be a lawful agreement complying with all statutory regulations, you will see that it does not, the first thing you will notice is that you cannot read it without highlighting the extremely small print ...(I have found yellow is the best colour).

 

Secondly You will note it contains NONE of the terms and conditions you constantly refer to.

 

The case Law I have provided you with applies

 

It is for this reason MBNA are using the tactics they are...in fact this morning I have received a letter stating they are writing the debt off but will place the default on my file for six years ....they then say they will sell the debt on and i will be chased by Debt Collecting Agencies...You will note terms and conditions of my agreement do not allow that.

 

You will realise that MBNA will not proceed through the Courts........and I refer you to the advise of the ICO with regard to this before creditors enter defaults .........Are they willing to take proceedings.....NO.

 

Have I disputed the sum BEFORE the default being applied .....YES.

I will add that a complaint is being made to the ICO about Experians role in this matter, along with all the proof I have supplied you with....this complaint has no effect on any proceedings I take via the Courts...I will be considering a joint proceedings against MBNA and Experian as they are to be considered joint data Controllers in this matter.

 

Your sincerely

[Sparkie1723]

Another e-mail to Mr Lever this time about HBOS fraudulent application search :D:cool:

 

Sparkie

 

 

Dear Mr Lever,

I now write again to you with regard to the search that you allowed to be carried out on my credit file by the HBOS Halifax Bank of Scotland on or around 12th September 2008.

Considerable correspondence has taken place between you and I.

You are well aware of that correspondence and that I made you aware that it was an unlawful search and an abuse of my rights to privacy, which Experian were complicit in.

One of the foremost duties of a CRA is to protect personal data from being unlawfully obtained, a fact you have consistently denied you failed to protect my information.

I have now received a reply to my subject access request to HBOS, and would you believe it Mr Lever?????

There is no record of any application being made by me on or around the date you allowed my file to be searched, there are no records of any telephone conversations to any department of HBOS over this fraudulent conjectured application, of which there were many, there are copies of E-mails to various departments of HBOS including the Executive Office of the Chairman Lord Stevenson.

 

Again I submit that you allowed full open access to my credit file by “someone” in HBOS failing in your duty to protect my informatio n, as this search application was made fraudulently and Experian allowed it Experian are complicit in this matter as you are a duel data controller with HBOS, I am considering approaching the police fraud squad and placing all facts to them, which they are under obligation to investigate all such allegations any investigation will not effect the legal action I intend to take against Experian in this matter also, it appears that this is the course I will have to take.

 

This time I do expect a reply to this e-mail.

 

Yours sincerely

Edited February 12, 2009 by Sparkie1723

[Sparkie1723]

Had a very uick reply from Our Mr Lever

 

Dear Mr sparkie

Thank you for your e-mail received on 12 February 2009.

I have already fully explained our position in previous correspondence and we have nothing further to add.

Kind regardsPaul Lever

 

Consumer Compliance Manager

Directors' Office

 

 

So I just sent him this

 

 

 

Dear Mr Lever,

 

Experian may attempt to hide behind the Data Protection Act, as there are far too many known loopholes in that Act but....... CRA's also must comply with all other relevant statutes, regulations, and codes, and that includes the New Fraud Act 2006.

 

Yours sincerely

[Sparkie1723]

NOw going above Mr Lever to UK26's best friend Mr Mills

 

sparkie

 

Dear Mr Mills,

 

I wish to take this final opportunity to make you aware of two certain serious issues regarding my credit file held by Experian Ltd.

 

I have been in much correspondence with your Mr Lever, who has adopted a stance of arrogance, and abruptness which in my opinion oversteps the mark of his position of power.

 

The first issue is in regard of an unwarranted, unlawful search of my credit file by the Halifax Bank of Scotland on or around the 12th September 2008.

I will not repeat all my allegations as they have been madin great detail to Mr Lever, who will have all record of all correspondence.

 

The second is with regard to the supply of information being supplied to Experian by MBNA, again considerable correspondence has been entered into with Mr Lever on this matter also, who, again will have all records of this correspondence, and has adopted the same stance.

 

Mr Lever has now stated that he (Experian) will not correspond any further on these issues,

I believe that that he is of the opinion that the average data subject will not take action against such a powerful organisation as Experian, and I do submit Experian do believe they have that assumed power.

 

He is wrong I WILL.

 

Experian state quite clearly that they are unbiased in the dealings of personal and financial information held about data subjects, it is quite clear from my complaints that they are not in my particular case.

 

I ask you make contact with your Mr Lever and intervene in these issues as I believe that I must take all steps possible to resolve the matters before I take legal action, therefore I write this letter to you.

I believe the Courts look very favourable on how the matter has been tried to beresolved before being one forced to take action.

 

Should you not take any action or fail to comply with my request that you take the action I have made clear to Mr Lever as well as making a substantial offer of compensation for the damage Experian have caused me, you will have record of that damage via searches and other actions such as the reduction of the credit limit on my credit card by Egg plus a severe increase in interest rate payable and I have had it confirmed by egg that the reduction was the sole result of information they received from Experian. I copy below the reply from Egg when I queried it.

 

You will also note from my credit file that not one payment has ever been missed on my Egg account since the agreement with them began.

 

Here is the reply from Egg, you will note that Egg specifically point the detrimental finger at Experian and only Experian.

 

 

 

 

 

 

 

Date

23 Jan 2009

Time

09:53

Subject

Reduction of credit limit

 

 

Dear I'm sorry to read your comments regarding the Credit Limit Decrease.As a responsible lender we periodically review your account and make decisions on what we feel would be an appropriate credit limit for you.As part of this review, based on information available from the credit reference agency, Experian, we've identified that there may be information on your credit record which has lead us to the decision we've made. Please be aware, we haven't performed a credit search and no record has been left on your credit record.You can request the information held on you by Experian and review your credit record, for a fee, via www.experian.co.uk/consumerAlternatively, ring 0870 241 6212 or write to them at:Consumer Help ServiceExperian Ltd

 

 

Mr Lever is well aware of the action I intend to take against Experian, should I not receive a reply with your serious proposals to pay me compensation for damage you have caused you may consider this a letter before action.

 

I will wait 14 days and no more, I state quite strongly please do not attempt to reiterate Mr Levers replies in any way.

Yours sincerely

sparkie

[SilverLining]

Sparkie,

 

I'm having major issues and I wonder if you have a few minutes to help cos I bet you could - i've tried everything and can't get anywhere but know you're the master and wonder if you'd like a little prodije.....

 

Specifially this link: #1

[mcarreno]

Hi any update on this- I'm intrigued

[Sparkie1723]

Hi any update on this- I'm intrigued

 

I am slowly and carefully preparing my particulars of claim against BOS and Experian I am suing them jointly, they can fight it out between each other in court.

I am in no hurry I have six years to instigate it ...but it is going to be 100% correct.

 

sparkie

Edited April 16, 2009 by Sparkie1723

[lonerider]

Watching with interest as UK26

[Sparkie1723]

Am sending a new SAR off to Experian last one I had was 2 years ago.

 

sparkie

[supasta1]

Subbing, best of luck to you!!

[gypsysaffy]

sorry to jump on your thread but i am having same problem incorrect information on credit files got same replies off experian as you dont suppose you have an email to someone higher i can send to as getting know where and i know the information on my credit file is incorrect.Thank yu

[danielanthony]

Any update on this? Are you taking them to court?

[Sparkie1723]

On checking my Credit File this morning I found that for some mysterious reason all reference to MBNA and the default entry......the notice of correction....... everyhing has gone ....removed ...no longer exists.

Neither Experian or MBNA has said anything about it.

So off has gone this letter to Mr Lever.:grin:

 

 

 

Reference Credit File Number 43168007

 

Dear Mr Lever,

 

I write to you again with reference to an issue, about which I have brought to your attention in a great deal of previous correspondence, regarding which you have totally in my opinion disdainfully rejected, and adopted a stance of such intransigence, that I would call it abuse of your position.

 

I refer specifically to the entry on my file by MBNA Europe Bank Ltd, you will have record of all such correspondence as I have.

 

I would like to bring to your attention that on reviewing my credit file, I note that all reference to MBNA and the “alleged account and default” has been completely removed from my file.

 

This has been done without any notification or reason by either Experian or MBNA for its removal.

 

I therefore request from you supply me with a full explanation to the following;

1 Did Experian give the instruction for its removal?

 

2 If so what were/are the reasons for that instruction? Or

 

3 Did MBNA give Experian the instruction for its removal?

 

4 If so please supply me with a copy of the details of that instruction.

 

Should you not willingly supply me with this information, you should treat this request as a request under Civil Procedure Rule18.

 

You must be aware that the intransigent lofty stance Experian took on this matter, will tend to make it a little easier for me to mount a claim for Defamation, a fact of which I had made you aware that I did intend to take, and have been slowly formulating that claim, however due to this latest development will make it necessary for me to reformulate that claim.

 

I require this information as to who is responsible for its removal (I have made you aware that the entry was unlawful in the first instance) to enable me to decide who to name on the writ, Experian, MBNA or even both.

 

I anticipate an early reply at your earliest convenience.

Yours sincerely

[spark1]

Pack of jokers mate, can't understand why they are trying to put things right after all this time

 

Spark

[Sparkie1723]

Normally Mr Lever replies to my e-mails the same day sometimes within the Hr, nothing from him as yet ....must have given him something to think about and think of some excuse to try and hide behind....smoke is very hard to hide behind 'cos it gets blown away when the wind blows...the wind that is blowing now is not just a breeze its an electrical storm called "sparkie":cool:

[gypsysaffy]

Hi sorry to but in on your thread but i am having the same problems with experian i dont suppose you have an email address for anyone a bit higher in the company than the customer services.

 

Thanx

[Sparkie1723]

Hi sorry to but in on your thread but i am having the same problems with experian i dont suppose you have an email address for anyone a bit higher in the company than the customer services.

 

Thanx

 

HI gypsysaffy,

 

Here you go. [email protected]

its putting a space between the o & m....there is no space

sparkie

[gypsysaffy]

Hi thanx for that much appreciated i will try him now.

[Sparkie1723]

Still no answer from Mr Lever, looks like his computer has crashed, and he can't reply to my e-mail letter, until his computer finds a template letter reply.

 

sparkie

[BinB]

Hi Sparkie,

Sorry to but in on your thread but I am having the same problems, I obtained my Credit file from Experian last month to find some insurance company had accessed my file six (6) times in one day!!! In July 08. I ain’t had any dealings with this firm, and have written to Experian and the company to find out who gave permission to access my file, and after reading your excellent info WHO TICKED THE BOX to say they had my permission to search my file.

To get over all these problems Experian should do as they were forced to do in the USA, you apply an access password to your file via the CRA, (which you can change every day or every week) No password no access Simple.

Experian is a crap company and ruin many people, and seem to be answerable to know one, but it look as if you have got them over a barrel and good luck to you.

BinB

[Sparkie1723]

Still no reply from Mr Lever, I believe that it was MBNA that removed all evidence and record of this "alleged default", and I think Mr Lever is in contact with MBNA to try and persuade MBNA to re -enter it and avoid a libel claim against Experian being made by me in the County Court. He'll be lucky???

 

sparkie

[Sparkie1723]

Still no reply from Mr Lever!!!

 

 

sparkie

[spark1]

Sparkie

 

Phone him then its good to talk

 

Spark

[Sparkie1723]

Received an answer from Mr Lever at last ...here it is and my reply....I love a fight..!!!

 

sparkie

 

 

 

Thank you for your e-mail received on 13 May 2009.

 

I can confirm that the removal of the MBNA Europe Bank Ltd defaulted account from your credit report is not the result of any instruction made by Experian.

 

According to our records we have received no direct instructions from MBNA Europe Bank Ltd to delete this entry from your credit report.

 

Consequently, it appears as though MBNA Europe Bank Ltd has removed this account from the portfolio of account information that they submit to us on a monthly basis.

 

One possible reason for this account not currently appearing on your report or the account information supplied to us by MBNA Europe Bank Ltd is if they have now assigned the debt owed to them to a debt collection agency.

 

In these cases, the company to whom the original debt is owed will remove their defaulted account entry from your credit report and it will then show at a later date when supplied to us by the debt collection agency to whom the debt has been assigned.

 

I have today spoken to MBNA Europe Bank Ltd and they have confirmed that this account has now been assigned to Link Financial and hence MBNA Europe Bank Ltd has deleted this account from the information that they provide to Experian.

 

MBNA Europe Bank Ltd has confirmed that Link Financial will therefore be likely to submit details of this defaulted account to us shortly and this will then show on your credit report as a debt owed to Link Financial. The default date should remain the date initially recorded as the date of default (28/02/2009).

 

When we previously queried the accuracy of this account data with MBNA Europe Bank Ltd on your behalf I remind you that the account was confirmed to be accurate and no instruction given to Experian to amend or delete this information.

 

I trust that this clarifies the matter and answers your questions.

 

Kind regards

 

 

 

Paul Lever

 

Consumer Compliance Manager

 

Directors' Office

 

My Reply to Mr Lever

I thank you for the explanation with regard to removal of the account supplied by MBNA, it gives me the information I require, as you are aware that before any account can be assigned to a third party, the original "alleged" creditor must give the "alleged debtor" a notice of assignment...you have confirmed that this has been assigned by MBNA to Link...MBNA have not supplied me notice of this assignment, my agreement (a copy of which I have supplied you with) does not allow assignment .............in any event my agreement is unenforceable and is the reason why MBNA have not attempted to enforce it.

 

The amount that MBNA "allege" I owe is totally and absolutely incorrect

I have not "had the use of that" money in any way, that of course would have to be determined by a court of law, and as I have said MBNA cannot prove that fact and will not issue proceedings against me themselves, that is the reason they have " unlawfully assigned"/sold this account.

 

If and when Link contact me I will make them aware of the Sale of Goods & Services Act and that MBNA have sold them an account/agreement that is in fact " faulty" as in faulty goods, I am aware that MBNA receive a nominal sum for accounts and will have obtained that money under a false misrepresentation to Link.

 

Therefore should Link attempt to supply any information whatsoever Experian apply it to my credit file.....I will immediately file a Libel suit against Experian on the day I discover that entry has been applied.

 

I trust you take heed of my intention to do so, as it is not "hot air".

 

Thank you again for the information you have supplied

 

 

Yours sincerely

 

 

sparkie