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Help with County Court Claim Form


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Hi,

 

I have been conversing with Equifax over the last month regarding 6 defaults inaccurately placed on my credit file.

 

I have opened investigation with equifax, they have sent of to the companies to clarify that the data is correct, and on every occasion the reply (WITHOUT PROOF) from each company is ''The Data is correct please leave on file''

 

I asked equifax for proof of the signed agreement they should have received from the companies, default notices they should have received and proof I consented to having my data shared/processed.

 

I read somewhere that the CRA's need to make sure the data being passed to them by the companies are correct, and just receiving assurances that it is correct is not good enough.

 

I have told equifax that i am going to my local court on Monday 12:01pm if they have not removed the defaults by lunch time, to issue claims for each default to obtain an order to remove them.

 

I am not bothered about opening 6 different Claims in the small claims court, as I am on low income so am entitled to help with costs.

 

Question 1.

 

Should I start 6 seperate claims, or 1 covering them all.

 

Question 2.

 

Should I start 6 seperate for each CRA totalling 18 claims, or

 

3 Seperate claims one each for each CRA covering all defaults or

 

1 claim in total for all defaults with all cra's.

 

Question 3.

 

I have never started a claim in the small claims court before, would somebody mind running me through what I should do, and what I should put on the forms, as the forms I have looked at seem to all require me to put a figure in money down for how much I am claiming, when In fact i am after an order for the CRA to remove data.

 

 

Thanks in advance.

Edited by thepalace1
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I, unlike some others in this forum, actually think that your beef is with your creditors inaccurately reporting data to the CRA, rather than the CRA themselves.

 

the problem with suing the CRA is that you will automatically have to include the creditor, as the original data controller, as 2nd defendant. This could make your claims more complex and would certainly have an affect on costs, should you go on and lose, as you'll be funding 2x costs. (1 for each defendant)

 

I think the best approach, here, is to start a new thread on each creditor and outline the details of how you got here with each. It's no mean feat taking on this number of defaults at once, (I should know, I did about 9 all at once, so check out threads started by me)

 

HTH

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I, unlike some others in this forum, actually think that your beef is with your creditors inaccurately reporting data to the CRA, rather than the CRA themselves.

 

the problem with suing the CRA is that you will automatically have to include the creditor, as the original data controller, as 2nd defendant. This could make your claims more complex and would certainly have an affect on costs, should you go on and lose, as you'll be funding 2x costs. (1 for each defendant)

 

I think the best approach, here, is to start a new thread on each creditor and outline the details of how you got here with each. It's no mean feat taking on this number of defaults at once, (I should know, I did about 9 all at once, so check out threads started by me)

 

HTH

 

Thanks car, infact last night I was thinking along those lines exactly, and have decided to focus on the companies originally placing the default on the file, I will certainly take you up on your offer and check out your threads, I will do a little work creating a file on each company (off to Tesco to buy several ring binders) and sort everything out then I will hit one at a time with individual threads, thanks very much

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Thanks car, infact last night I was thinking along those lines exactly, and have decided to focus on the companies originally placing the default on the file, I will certainly take you up on your offer and check out your threads, I will do a little work creating a file on each company (off to Tesco to buy several ring binders) and sort everything out then I will hit one at a time with individual threads, thanks very much

 

Good stuff! It's the getting organised like this before you embark on it that will set you apart from your opponents.

 

Once you've started your new threads, put a link to them all here and we can sub to them to offer some help.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Good stuff! It's the getting organised like this before you embark on it that will set you apart from your opponents.

 

Once you've started your new threads, put a link to them all here and we can sub to them to offer some help.

 

 

I have started thread 1 regarding Lowell Portfolio, they have 2 defaults against me this thread is regarding default 1 of 2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296453-thepalace1-v-s-Lowel-Portfolio-Default-1-of-2&p=3317330#post3317330

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