Successful court action for default removal

[banker_rhymes_with]

Hello RMW!

 

I discovered this potentially useful case when looking for something else. The actual case isn’t on Bailli, but is quoted (and recently) in several other cases. I believe the original case was regarding a libel action but it has also been cited in negligence cases. I wish I’d found it before my case went to court!

 

Many thanks for Posting this, as I too think it could be useful for many.

 

I won't hi-jack this Thread, so I'll just say that in my own case, I have a bank trying to deny they have caused financial damage because I admitted that I was also late paying other Creditors at that time.

 

I think the above could be very useful indeed to show that all they are trying to do is whittle down the impact of their own unwarranted adverse Data by suggesting they were only partly responsible for the clear damage caused to my financial reputation. My evidence being two Credit Reports, one Golden Rating one carried out just before I CCA'd them, and one a couple of Months later showing my Rating was rock bottom after they had kicked off being aggressive in response to my CCA Request.

 

Happy New Year by the way!

 

Cheers,

BRW

[reallymadwoman]

I wouldn't consider any discussion of the uses/problems with the case being a hijacking of the thread. The more brains we have on these cases, the more likely we are to come up with answers to every obstacle these companies throw in our paths.

 

The case actually went to the House of Lords so it's just as binding on the lower courts as the Wilson case. It would be really useful if someone with access to law reports could find us at least a summary of the original case rather than just the bits quoted in other cases.

[banker_rhymes_with]

Hello RMW!

 

The case actually went to the House of Lords so it's just as binding on the lower courts as the Wilson case. It would be really useful if someone with access to law reports could find us at least a summary of the original case rather than just the bits quoted in other cases.

 

Assuming you have not already done so, maybe drop PT2537 a PM to see if he can get hold of a copy?

 

I think he had access to most things that can be accessed!

 

Cheers,

BRW

[pt2537]

Hello RMW!

 

 

 

Assuming you have not already done so, maybe drop PT2537 a PM to see if he can get hold of a copy?

 

I think he had access to most things that can be accessed!

 

Cheers,

BRW

 

Ah ha, i hear my name being mentioned

 

right what is it we need?

 

I should by the end of next week have access to Consumer Credit Law reports which cover most of the Consumer Credit county Court reports

 

give me the case names and i will have a look

[banker_rhymes_with]

Hello PT!

 

Ta Da, you appear like magic!

 

Rather than me misquote what RMW wants, may I direct you to Post #49 above?

 

I think it's...

 

Dingle v Associated Newspapers Ltd [1964] AC 371

 

...but RMW also has a mention of a 1961 Date, so you'd better read the Post...just in case!

 

Cheers,

BRW

[reallymadwoman]

I think the 1961 date refers to the Court of Appeal case and 1964 the House of Lords, but it's not entirely clear from the citations I found - at least it's not clear to me but then I have no idea how case citations work.

[pt2537]

take your pick thats all the ones i can find, 1959,1961 and 1964;)

[reallymadwoman]

Many thanks PT.

 

The first link is the H of L decision, the second the Court of Appeal. Not sure what the 3rd is, but I'll have a proper read later.

 

As I said in my original post, the case has been cited in negligence claims as well as libel, but the parallels between 'unlawful defaults' and libel are obvious. I think this case may prove very useful.

[reallymadwoman]

I'm just drafting my complaints about Marlin's abuse of their system to the CRAs and I need to know a couple of things.

 

1. I don't have the transcript of the judgement yet (and depending on cost may never have it) but can I quote from my notes made at the time so long as I make it clear that it is from my notes?

 

2. Can I quote from or even copy parts of the witness statement submitted by the other side, or is that a privileged document? If I can't use it directly, can I even mention any information that is in the witness statement? I want to make it clear that Marlin's purpose for doing the searches was only to bolster their defence.

[pt2537]

Many thanks PT.

 

The first link is the H of L decision, the second the Court of Appeal. Not sure what the 3rd is, but I'll have a proper read later.

 

As I said in my original post, the case has been cited in negligence claims as well as libel, but the parallels between 'unlawful defaults' and libel are obvious. I think this case may prove very useful.

the 3rd case is the High Court case that kicked it all off before Pearson J;)

[reallymadwoman]

Searches removed from Experian. Still awaiting reports from Equifax and Callcredit.

[themajor]

Thanks for posting this it's really useful. I'm taking Capquest to court this month for default removal. I wasn't sure whether to go for damages so I didn't as they're not very high and complicate things. I'm glad I didn't now reading your case, because although you'll probably get them if you plead your case properley it does make life harder.

 

I like the bit where the judge said he doubts your motives in his summing up but didn't need to go into it. I'm a bit worried about the judge doubting my motives because I do have a debt but its unenforecable under S(77). At least like you I can say there is no debt as Capquest have closed the account on there books and confirmed this. They've also marked Experian as satisfied (not settled) but the default notice remains. I'll print off my report as evidence like you did. I didn't want to go for damages because like you I have other defaults on my credit file anyway which I thought they'd argue as evidence. So it was interesting when your judge sais 4 defaults are worse than 2.

 

Congrats on a well pleaded case!

[reallymadwoman]

The judge didn't doubt my motives - he doubted Marlin's motives in first putting the defaults on my file and second in the subsequent searches of my file. The judge absolutely accepted my statement that I owed them nothing.

[themajor]

I got my allocation/directions hearing date through today for 11th Feb. That's just when the judge decides small or fast claims track right? Where do you find out about individual cases like Kpohraror v Woolwich Building Society [1996] C.L.C. 510and do you need to argue your case around someone elses or is it just useful. It's called case law right?

 

Sorry for all the questions but your the pro on here now lol.

[reallymadwoman]

I didn't have an allocation/directions hearing, but I believe it is to decide which track etc.

BAILLI British and Irish Legal Information Institute is a good place to search for case law, but I don't think the Kpohraror case is on there. I must have a copy somewhere, so I'll do my best to find it (I've looked in my court case folder, and it isn't there!). I'm pretty sure I found the case on this forum though, so maybe a search might turn it up.

For how to use case law, have a look at the witness statement I prepared for a starting point, though (but not for this hearing) you should be prepared to argue how any other case is similar to yours. Another useful case is this one RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney, though as it's a Scottish court it isn't binding but only persuasive.

 

As regards the actual hearing for allocation/directions, have prepared anything that you want to say e.g. arguments as to why it should be small claims, any documents that you want the other side to produce before the main hearing etc

[Chris1933]

subbing

[militantconsumer]

Inspiring stuff RMW, thanks for posting all the details.

[UK26]

subs

[nick20045]

Nice thread and very interesting reading.

 

Just in case, also use swarb.co.uk - [email protected] - index

 

Then just pick what you are looking for e.g. Negligence and you get case law

[fergal71]

do you have POCs used for bringing to court for breach of data protection I am in smae boat... default removed but got proof of damage caused

 

just need good POC's

[reallymadwoman]

There's a draft POC in post 3 of this thread. You could use that as a starting point and amend to suit.

If you post a link in here to your thread, I'd be happy to have a look at what you come up with and make some suggestions.

[citizenB]

I have only just discovered this thread. Well done RMW and thank you for such a detailed summary.

[Mihail]

Hi RMW

I recently sent a template CAG letter to GM card (Now HFC) to request a default removal and received a letter of refusal with quite detailed reply, quoting the DPA.

It may be of use to you and other CAGers.

I would certainly appreciate your and others advice on it.

Would you like me to post it?

[reallymadwoman]

You should really post it on your own thread. If you give me a link I'll look at it there but I'm a bit snowed under at the moment so can't guarantee being able to give detailed advice.

[reallymadwoman]

Hi RMW

I recently sent a template CAG letter to GM card (Now HFC) to request a default removal and received a letter of refusal with quite detailed reply, quoting the DPA.

It may be of use to you and other CAGers.

I would certainly appreciate your and others advice on it.

Would you like me to post it?

 

I read your letter and GM's reply, but to offer any sort of advice I would really need to know on what grounds you are contesting the default recorded on your credit reference file? Are you perhaps confusing this type of default with a default notice served under the CCA?

Unless you can state categorically that you do not owe the money or have made all contractual payments on time, I don't see how you could dispute this as being inaccurate. However if the default was recorded in 2005, there's only another year until it drops off your record anyway.