zebra finance case won

[jomac1]

i won a case against this finance company on 22nd april this year , whilst waiting for the case to get to court i made no payment to them my credit file showed satisfactory for the loan amount, however they are now showing this months payment as late can they do this if i have won this case??

Edited July 28, 2009 by jomac1
still on going case

[foolishgirl]

No, they definitely can't.

 

Suggest you contact the CRA, give them case ref. nos. etc. & tell them to put their records straight. I suggest you also send a S10 notice to CL. Template here which will need amending to suit your case:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties-

[jomac1]

do you think a phone call to these asking them why they have done this would help??????

[42man]

NO unless you can record the call...you need to put it in writing, as they would simply deny you had called them....

[jomac1]

have checked my credit file today this company has now placed a default on my file are they allowed to do this ? as i have had the case struck out by a court

[foolishgirl]

No, they definitely can't!

 

Have you sent the S10 notice as in Post 2 & contacted the CRA?

 

Suggest you now complain to the OFT & (if you've sent the S10) also to ICO - it's a breach of the DPA.

[sillygirl1]

Contact the court and ask them to write to the company saying they are no longer allowed to mark your credit file. I've got problems with Capital One doing this four years after a CCJ got set aside.

 

The court should be very helpful on this as it is a clear breach. You might even get another hearing to get them to 'cease and desist' from any processing of your information now and at any other time.

[jomac1]

even if the case was struck out due to non attendance by them?

[sillygirl1]

Especially because of that reason. It sounds like they were chancing their arm and hoping for judgement for default... remind the court that they didn't turn up for the hearing and that you now consider them to be in contempt of court.

[jomac1]

am trying at the minute, but dont want to sound like i am demanding the court to do this am not very good with words

[jomac1]

I am writing to you about a recent case judged in favour of myself on 22nd april 2009 that was overseen by yourself, since this judgement the claimant (zebra finance), who did not even turn up to the hearing, have placed a default upon my credit file , they say that they have the right to do so as they are putting in an appeal against your decision, this has caused me a lot of stress and hardship over the last seven years of dealing with this company, finally when I think things are going to get better this happens . are they allowed to do this?

I would appreciate it if you could find the time to write to this company and ask them to cease what they are doing as the judgement was deemed in my favour.

 

i have written this any suggestions???

please help

[jomac1]

or would ringing the court be better?

[foolishgirl]

The court are unlikely to take any action on a phone call, jomac, it's always better to put everything in writing.

[jomac1]

will do does what was wrote in #11 look ok?

[foolishgirl]

they say that they have the right to do so as they are putting in an appeal against your decision,

 

 

 

Are they actually putting in an appeal or is this just a 'don't bother us' comment?

[jomac1]

they tell me its with their solicitors and they have 90 days in which to appeal

[jomac1]

90 days have now lapsed and nothing has changed the default remains on my credit file, section 10 sent on 1st july still no reply .

any ideas , is there a follow up letter to a section 10 request?

[jomac1]

bump

[jomac1]

i had written to experian asking them for their help in getting the default removed, i enclosed letter from the court as proof it had been struck out. i got a letter back stating they were investigating and would let me know. received a letter stating hat zebra had said no and that was that i dont know what to do next as i have still had no reply to my section 10 notice i have never received a default notice and have still not received anything regarding their alleged appeal any advice would be mst welcome, as it is now staring to cause major distress

[trooper68]

i had written to experian asking them for their help in getting the default removed, i enclosed letter from the court as proof it had been struck out. i got a letter back stating they were investigating and would let me know. received a letter stating hat zebra had said no and that was that i dont know what to do next as i have still had no reply to my section 10 notice i have never received a default notice and have still not received anything regarding their alleged appeal any advice would be mst welcome, as it is now staring to cause major distress

 

Hi Jomac1

 

They have broken the Data Protection Act 1998, the information to the CRA is incorrect, give a call to the Data Commisioner, they will confirm this. You could make a complaint, however they do suggest you try and resolve between you and the creditor. I have had an issue with false information removed by reminding the comapny of a breach. You could send a letter to their sol telling them they have 7 days or you will take action via court.

 

trooper68

 

Well done for wining.

[jomac1]

have informed the data commissioner this morning now just waiting to see the outcome , if anyone else has any other ideas please let me know, thanks trooper68

[jomac1]

anyone ????????? i really could do with some help with this one

[trooper68]

have informed the data commissioner this morning now just waiting to see the outcome , if anyone else has any other ideas please let me know, thanks trooper68

 

 

Hi Jomac1,

 

DId you speak to the helpline? they will give you advice and tell you over the phone if they see it as urgent.

 

Thanks

 

Trooper68

[jomac1]

yeah thanks spoke yesterday and they were very helpful all been sent off now just wait to hear back

[trooper68]

yeah thanks spoke yesterday and they were very helpful all been sent off now just wait to hear back

 

 

Cool, this can really put the wind up them, you should find they act quickly on it, as you could get them in court and get damages for the breach. They usally will comply, however give them enought rope, say 14 days, send off a letter before action with 14 days on it.

 

trooper68