Court Action Started Against CRA and Lowell

[mr.ton]

I hope Mr Ton is reading, what a start to today - National DCA Day!!!!

 

He sure is...well done

[smouk]

Of course ignoring a CCJ is the sort of thing that can lead to a Director being barred. Be sure to keep feeding them rope!

[sbfido]

I intend to pursue this matter and now applying for compensation. The amount owed was for my costs pursuing the matter i am more than happy to chase them for more if they wanna play.

 

I have also notified the ICO of the letter they sent saying that the information i got from the ICO was not the way they wrote it and that i still need to pay. mmmmm sad that as the matter has just opened the case and that the ICO will ensure they remove the information about me if needed. I had a really helpful chat with them (for once).

 

This will no doubt generate further evidence for court as well so i get a win / win situation lol.

 

They can apply to set aside but will fight it also.

 

Finally the agreement doesn't have my name on it - So i hope they ready for the fun, 5 years of a default that was unlawful - how much compo is that worth.

 

:cool::cool::cool::cool::cool:

 

I do hope equifax and experian are also prepared i have contacted my house insurance as have legal protection and feel this is a personal legal dispute, i also have a director policy too and as a member of a large institute that provide legal support. one or the other will no doubt assist with legal costs and challeneges.

 

Watch this space i will update as much as possible.

 

:):):)

[sbfido]

Have defense from CRA Equifax.

 

They ask for a strike out on the grouds that myclaim against them in respect of breaches of data protection act is not enforcable as they are Only Data Processes. (they are registered as data controllers)

 

Further more that i should have raised the issues with the ICO and they stated i didn't - Opps they didn't read the emails i sent them including the ruling of the ICO.

 

They also claimed i should have taken the person providing th information - opps they are the second defendant. the claim is against both parties.

 

Further more the other default they publish was removed after court action.

 

Think the solicitor needs to do her homework.

 

:D:D:D:D:D:D:D:D:D:D:D

[cerberusalert]

A reputable company like them wouldn't try to deceive would they?

Retail Credit Company's extensive information holdings, and its willingness to sell them to anyone, attracted criticism of the company in the 1960s and 1970s. These included that it collected "...facts, statistics, inaccuracies and rumors… about virtually every phase of a person's life; his marital troubles, jobs, school history, childhood, sex life, and political activities." The company was also alleged to reward its employees for collecting negative information on consumers. Equifax - Wikipedia, the free encyclopedia

[sbfido]

A reputable company like them wouldn't try to deceive would they?

 

They think they have a statatory right - however the law is there for us all, and as my MP has now ask the ICO if they treat all data controllers the same - i am sure the CRA's are going to be in for a little ride. this is not about £500 costs its about my rights to be protected from private limited companies avoiding thier legal obligation and hiding behind facticious information that is not in legilsaton.;

 

hope they complied with the 8 principles. As they registered they would,

 

Information is accurate ????????????????? mmmmmm may be not looking forward to court in Rotherham.

[GamekeeperToPoacher]

Information is accurate ????????????????? mmmmmm may be not looking forward to court in Rotherham.

 

Anyone fancy a day out?

 

GK

[sbfido]

I have just got off phone with information commisoners office -

 

EQUIFAX are joint data controllers and they therefore must comply with the principles of the data protection act.

 

They are confirming this in writing to me, there statement that they are data processes jointly with the providers.

 

It would appear that MP's have earned my respect on this occasions

[the_shadow]

It would appear that MP's have earned my respect on this occasions

 

Its amazing what they'll do close to an election period

 

S.

[postggj]

Ive Not Enjoyed A Thread In Months

Sbfido, You Are A Credit And Inspiration And Take My Hat, If I Had One, Off To You

 

Still Cant Stop Laughing

 

Go Get Em

[sbfido]

Ive Not Enjoyed A Thread In Months

Sbfido, You Are A Credit And Inspiration And Take My Hat, If I Had One, Off To You

 

Still Cant Stop Laughing

 

Will post court details to be held in Rotherham in the very near future

 

Planned 3 hours - i only need 20 mins lol - can't wait to see the face of the soicitor l

[GamekeeperToPoacher]

Can I book a ticket?

 

GK

[sbfido]

Can I book a ticket?

 

GK

 

will post date on here lol

[littlefatbudha]

Subbing

[Belaflat]

I'll bet it doesnt end up getting to court after full particulars are scrutinized by their legal team and they realise they have stepped in an enormous steaming pile of their very own bovine pooh.

[littlefatbudha]

No wonder Experian just removed inverse data from my account,it took 28 days for a double entry (sounds good) reported this to ICO,also complained about two entries on my wifes Experian and that was removed in one working day, STRANGE.

[Torexxx]

Subbing

[stockport6]

Why have the ICO not hit lowells with an enforcement notice. I have sent Lowell -life a SAR request which they sent back with my £10 Postal order saying

 

"Upon further investigation, we are now able to confirm that we have contacted you erroneously and that you are not, in fact, our debtor.

 

As such please accept our apologies for having troubled you, along with our assurances that your personal details have been removed from our databases. Please also be assured that this will not affect your credit rating at your address in anyway."

 

Pity they have already put a default for this on my credit file with gues who.....Equifax. I am also going to send a SAR to equifax to see what evidence they had to add it in the first place seeing as it was not mine.

 

I added this bit to the second SAR to lowells

 

 

"The Commissioner can now serve you with an 'information notice' requiring you to provide certain information within set time limits. Failure to comply with such notice, or providing deliberately false information, is a criminal offence. If the Commissioner concludes that there has been a breach of the Act, she may then serve you with an 'enforcement notice'. This could force you to cease processing personal data, or cease processing data in a particular way. Failure to comply with an enforcement notice is a criminal offence.

Criminal liability does not lie just with the data controller. It is possible for officers of a company, such as its directors or managers, to be personally criminally liable if the offence has been committed with their consent, connivance or neglect. Employees may also incur criminal liability in certain limited circumstances if they disclose or obtain personal data without authority of the data subject controller"

 

Perhaps the ICO should start biting instead of just barking all the time

 

Have you considered reporting it to the Finacial Ombudsmen and CSA to get them struck off.

 

Cheers

[spamheed]

subbing with interest

[stockport6]

Can you let me know when the bailiffs are going in so we can stand outside Lowells and have a party !!

 

Subbing

[Stagparty]

Have Lowells settled the CCJ yet? Or applied to have it set aside?

[sbfido]

Have Lowells settled the CCJ yet? Or applied to have it set aside?

 

No they haven't settled it

 

and no they haven't applied for it to be set aside, hwoever can't see them doing this as the ICO investigation concluded they acted unlawfully.

[sbfido]

BUMP

 

Caggers -

 

As you may be aware my legal dispute in relation to the relationships with third parties and CRA's has resulted in a formal complaint against the ICO for the two tier standards.

 

This investigation has concluded and i can now inform you that the ICO consider CRA as JOINT DATA CONTROLLERS!!!!!!!!!

 

THE DPA STATES IN SECTION 4(4) THAT IT SHALL BE THE DUTY OF THE DATA CONTROLLER TO COMPLY WITH THE DATA POTECTION PRINCIPLES. (I HAVE THIS IN FORMAL LETTER FROM ICO)

 

THEREFORE THE CREDIT REFERENCE AGENCIES AND THE SUPPLIERS ARE REQUIRED TO COMPLY WITH THE PRINCIPLES.

 

A LITTLE LATER IN THE LETTER IT THEN GOES ON TO STATE: WHEN AN INDIVIDUAL DOES SUPPLY THE CRA WITH CLEAR EVIDENCE OF INACCURATE INFORMATION THEN WE WOULD NOT EXPECT THEM TO WAIT FOR THE ORGANISATION BEFORE ACTING UPON THE REQUEST. IT IS CLEAR THE CREDIT REFERENCE AGENCY SHOULD INFORM THE PROVIDER OF THE ACTION THEY HAVE TAKEN.

 

I WILL BE UPLOADING THIS INFORMATION ONCE I HAVE DISCUSSED THIS WITH THE SITE TEAM. THIS HAS SERIOUS IMPLICATIONS FOR CRA'S AND ALSO FOR THE COURT CASE I HAVE ONGOING WITH EQUIFAX. THERE ENTIRE DEFENSE HAS JUST MELTED.

 

WE ARE ONLY DATA SUPPLIERS

THE CLAIMANT COULD HAVE RAISED A COMPLAINT WITH THE ICO

 

OPPPSSSSSS WELL LOOKS LIKE I DID AND GLAD OF IT TOO.

[snowy101]

Reading & loving this.

 

Fair play & the very best of luck to you Sbfido, your actions could & hopefully will be the start of, a mini revolution in regards the to unlawful & blatant disregard for the law & the way they just make the rules up as they go along.

 

 

Middxx

[joe1965]

More than that though, it may make the CRA realize that they are not an extension of the banks (even though most of them have links with them) and the law is there for everyone to obey. Not to pick just the bits they can use to cover themselves!