Dayglo's mission to get his life back!

[Guest willowb]

It's a mine field isn't it? Who would clean up their act? The ICO are useless and the FOS will do nothing......"errrrm about what exactly?":rolleyes: A big bundle of letters to MPs (as UniBoy has done about financial institutions right to process data etc) but this is an accusation that there is hidden data only available to lenders being placed on our file or at least that a credit score reflects events not documented in our files????? The situation will implode before it gets exposed.

 

Off topic (an eternally bewildered Willow:) )........The fact that a certain person has not posted since the end of September is unnerving me......I know that he said he had 'something up his sleeve' to do with the CRAs and maybe he's working on that and doesn't want to let anything slip here, but his continued absence is knocking my confidence.......anyone understand what the hell I'm going on about?

 

Wxx

[Allyxia]

Dayglo I have been going after the CRA for last two months now, so if you want any of my letters or see any of the crap they have been sending me let me know - funny that though as im typing a letter to experian as i type this.

 

they are full of contradictions and misquotes regarding ICO report andcant seem to grasp that when I point it out to them!!!!

 

If they quote can instead of may at me once more Im going to travel up to the Directors office myself and thump them!!!!

 

Anway like I said Im already pursueing that angle and can let you know what to expect.

[Number6]

Off topic (an eternally bewildered Willow:) )........The fact that a certain person has not posted since the end of September is unnerving me......I know that he said he had 'something up his sleeve' to do with the CRAs and maybe he's working on that and doesn't want to let anything slip here, but his continued absence is knocking my confidence.......anyone understand what the hell I'm going on about?

 

Wxx

 

I understand you clearly Willow.

 

I'm wondering too.

 

Pete

[gizmo111]

I've just forked out £17 to get my Equifax report and score online.

they work on a scale 0-500

my score came out at 350 which is 'poor'

325-375 poor

375-425 is fair

425-475 is good

475+ is excellent

 

I just did the same and I came out at 363 from 290 3 weeks ago before I had 2 defaults removed from British Gas

[Guest willowb]

Thanks Number6:) I guess it's because I've filed my claims now and reading his posts always spurred me on. I understand fully what his contentions are and I'm willing to 'face the music' if either of my cases go to Court but as for quoting law off the top of my head......no way!!!! I think that it's like studying for an important exam but without having a teacher there to guide, just a text book. Although Tinks et al are great, it was SB's origional thinking that started all this........I'm having a bad day I guess......just thinking too much:(

 

Wxx

[Allyxia]

Well lets see what the judge has to say to me next week then eh!

[Number6]

Thanks Number6:) I guess it's because I've filed my claims now and reading his posts always spurred me on. I understand fully what his contentions are and I'm willing to 'face the music' if either of my cases go to Court but as for quoting law off the top of my head......no way!!!! I think that it's like studying for an important exam but without having a teacher there to guide, just a text book. Although Tinks et al are great, it was SB's origional thinking that started all this........I'm having a bad day I guess......just thinking too much:(

 

Wxx

 

SB was certianly an inspiration and a driving force to me. His posts often took me a couple of hours to get my head around but always led me in the right direction.

 

Pete

[Black Rat]

Whatever happened to Surley?

[dayglo]

ok everyone - fairly bad news I'm afraid - I got this from my local court today

 

IT IS ORDERED THAT

 

unless the claimant do by 4:00pm on the 29th November 2006 serve on the defendant and file at court a statement in writing settling out the legal basis upon which he asserts that the County Court has jurisdication to hear this matter, the power that he alleges the County Court has to strike out an entry on a credit file, and the precise legal nature of the remedy which he seeks, the claim shall be and is by this order struck out

 

 

 

I have no idea what to do.

[un1boy]

SB was certianly an inspiration and a driving force to me. His posts often took me a couple of hours to get my head around but always led me in the right direction.

 

Pete

 

Yes guys, I agree- I wonder where he is and although I am little more nervous without him, we have all learned enough from him to help each other through - I'm sure he will post when he's brought the CRA's down, lol!!

[un1boy]

ok everyone - fairly bad news I'm afraid - I got this from my local court today

 

 

 

 

I have no idea what to do.

 

 

Whaaaaaaaaat???? Is this basically the Court saying that they do not have power to hear it or is this a request from Vodafone?

[Allyxia]

Blody cheek of it!!!

 

The fact that the bank have registered a default agiinst you as a result of acting unlawful!!!!

 

Ok sorry Day - me just having gut reaction here, which is not helping you I know. Its not the same blooming judge as Jonni is it!!!!

 

OK I will give it a shot and have a look at some stuff - about to log off now but are you going to be around 11ish tomoro (however you may have a result by then so here hopeing hey).

 

I also have a vested interest in this due to my hearing next week, so I think we need to get our thinking caps on - have you contacted Jonnie by the way?

[jimfishybob]

Seems Vodas defence was to question the courts jurisdiction.

[Allyxia]

Sweet - well if we cant get an answer from the court then wher the hell are we suposed to go to get incorrect or disputed information removed?

 

I think this whole CRA subject is onethat needs to be looked at more closly - even as a seperate campaign.

 

Im wondering if UK cant help what we may have to look at with european law and data protection!

[Number6]

Seems Vodas defence was to question the courts jurisdiction.

 

Yes, that's my take.

 

Thinking caps on time folks.

 

Pete

[un1boy]

Seems Vodas defence was to question the courts jurisdiction.

 

but what is the point of a Court if it has no juristiction - who would have it? That's what I don't understand......so the court are asking Dayglo to prove that they do have juristiction?!

[Number6]

How's this for starters:

 

The jurisdiction of the county courts is entirely statutory and covers almost the whole field of civil law.The general jurisdiction in civil law is mostly concurrent with that of the High Court, save that personal injury claims for less than £50,000 and money claims for less than £15,000 must be started in the county courts. Further detail is to be found in the High Court and County Courts Jurisdiction Order 1991 (as amended). A number of statutes confer exclusive jurisdiction on the county courts: for example, virtually all cases under the Consumer Credit Act 1974 and most actions by mortgage lenders and landlords.

 

Pete

[alanfromderby]

Surely this would fall under section 10 of the Data Protection Act - remedies under this legislation are clearly under the jurisdiction of the County Court.

[Number6]

And this, referring to the Data Protection Act:

 

Jurisdiction and procedure.

 

15. - (1) The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

Pete

[dayglo]

Surely this would fall under section 10 of the Data Protection Act - remedies under this legislation are clearly under the jurisdiction of the County Court.

 

 

in laymans terms - I've served a notice under section 10 of the DPA.

 

Vodafone have refused to accept it citing ICO say they can process data based on Schedule 2 para. 6

 

Section 10 of the DPA only allows exceptions under paras. 1-4 not 6.

 

How do I turn this into something that meets the requirements of the notice from court today?

[Allyxia]

Also, for what its worth from the muppet factory at experian

 

"the onlyinstance we will remove information without direct authorisation from the data provider is if a court order is provided"

 

Sorry I couldnt cut and paste from the letter. Though I think what the brains above have posted superceeds my info - well done you guys!!

 

What it is with these judges and the whole thing with defaults etc etc!

[Number6]

in laymans terms - I've served a notice under section 10 of the Data Protection Act.

 

Vodafone have refused to accept it citing Information Commissioners Office say they can process data based on Schedule 2 para. 6

 

Section 10 of the DPA only allows exceptions under paras. 1-4 not 6.

 

How do I turn this into something that meets the requirements of the notice from court today?

 

Bear with me, still working on it.

 

Pete

[Allyxia]

You go pete!!!

 

We are baring!!!

[R1Pilot]

Hi all, I've been reading this thread in detail for a long long time and I'm truly insensed by these people.

 

Probably it's not quite this simple but I thought it might be some help to chip in my thoughts at this stage -

 

Cant you force an action against them under the ENTIRE data protection act ? ......it seems to me that the act is not specific enough in many areas and could be interpreted in different ways too.....this is esentially the arguement of both parties involved....therefore - what you are asking the court to decide is how the act can be interpreted in respect of which section overrides another ?

 

Apologies for my ignorance, as unfortunately I don't have much knowledge or experience in this field, however, sometimes it is worth stating something that might seem obvious ! .....I hope you beat their team of smart ass lawyers mate - got my fingers crossed for you.

[Number6]

in laymans terms - I've served a notice under section 10 of the Data Protection Act.

 

Vodafone have refused to accept it citing Information Commissioners Office say they can process data based on Schedule 2 para. 6

 

Section 10 of the Data Protection Act only allows exceptions under paras. 1-4 not 6.

 

How do I turn this into something that meets the requirements of the notice from court today?

 

Well at first glance:

 

Dayglo is not launching an action to strike out a default on a credit file. He has served notice on Vodaphone under S10 of the Data Protection Act to cease and desist processing his personal data as per:

 

"10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons... etc"

 

Section 15(1) of the data Protection Act states that:

 

The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

Therefore the county court appears to have jurisdiction to hear the case.

 

However - If Vodaphone were to comply with the notice served by Dayglo would that in and of itself cause the default to be removed? If yes no problem, if no then how is Dayglo arguing for removal of the default?

 

In any event the case as I understand it is purely brought under S10 of the DPA and as quoted above the county court has jurisdiction.

 

Need to knock the above up into a court submission. I'll have another look tomorrow as I'm fried at the mo; it's been a difficult few days.

 

Pete