Moneyclaim issued against Experian

[compsoz]

Yesterday 13 Sept I issued a moneyclaim against Experian for holding innacurate default data...

 

Does anyone know of any successful such cases against the CRA's

[Lizzy]

It sounds like you have been doing this for some time but just in case this is the letter I sent to Birmingham Midshires http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

 

And this is the letter received by Surlybonds from Experian in case you have not seen it http://www.consumeractiongroup.co.uk/forum/legalities/30662-scanned-copy-experian-letter.html

 

Having not read all your posts I'm not sure where you are up to so sorry if I have duplicated.

 

Lizzy

[barracad]

Sorry to disappoint you but Moneyclaim only deal with claims for money (as the name suggests). You should have used an N1 and filed it at your local court.

 

Incidentally, I'm not sure how you could have managed to fit your Particulars of Claim for this into the restrictive space on Moneyclaim.

[compsoz]

I have sent numerous letters to MBNA and complained to the ICO (spoke to them today , said it could take 3mths for reply

 

I got sick of running around

 

Thought that if I got straight to the point and forced them into action I would have concrete progress..

[compsoz]

My original post is here

 

Didn't get any replies , probably wrong place for thread.

 

http://www.consumeractiongroup.co.uk/forum/legalities/26843-advice-needed-mbna-default.html

[compsoz]

Hi Barracad..

 

Why do you think MOL is wrong way to do it..

 

The claim was deemed served.

[barracad]

You state

 

I issued a moneyclaim against Experian for holding innacurate default data

 

So it is not a claim for money.

 

If you look at the Moneyclaim site you will see what you can and can't use it for:

 

You cannot use Money Claim Online if your claim is not for a fixed amount. For example if you have suffered an injury and want to claim compensation from the defendant.

[compsoz]

The court procedures should be the same for moneyclaim as per local court..

 

For instance if your claim is for say £50 expenses incurred and also

 

remove default... and moneyclaim accepts the claim as deemed served then they must act on all issues of the claim...

 

Either that or would have advised me to "do it another way"

 

Surely they can't just ignore some particulars of the claim

[compsoz]

Just pulled out my copy of the notice of issue received from Northampton court,,

 

It is exactly the same as a response from N1.

[jimfishybob]

Still, any claim involving the DAP is complex by nature. Not sure how you fitted the particulars of claim into 1000 characters.

 

Also, I think it is ultimately up to the judge to decide whether a claim has been filed correctly.

[barracad]

Well it says quite clearly on the site that it is for claims of a monetary nature only. If you don't believe me then ring the Moneyclaim helpline in the morning and they will confirm.

 

Moneyclaim is not intended to replace the courts, it is a way of raising relatively simple money claims.

 

Also, for info - if you look round the forums you will see that there have been cases issued on Moneyclaim for bank charges where they have also asked for default removal and the banks have settled the monetary amount but not removed the default, and the judge has ordered that if the amount specified has been paid there is no case to be heard.

[jimfishybob]

See how it goes.

 

Good Luck though.

[compsoz]

Haven't seen the posts where the banks have settled the monetary amount but not removed the default...

 

Can you point me in the right direction.. ?

[barracad]

There was one in particular earlier this week but I don't recall the users name, I read hundreds of posts. I will try searching and let you know if I find an example.

[mcfadwmc]

Experian will try to get out of this one by saying it was the supplying parties fault. i had an issue where a default would not be removed by a company even though i had concrete evidence to say it shouldn't be there. i went to experian and equifax and told them to do an investigation. They said that every month, all the information they hold is updated by the supplying company so they were not responsible for any mistakes. i had a hell of a time with Sh#troen finance who were the supplying company. finally i got it removed from the CRA's files by proving to the CRA's that this company had absolutely terrible information management systems and the data they had on me was completely wrong. i'm currently in the process of taking sh#troen to court on a number of issues all rolled into one and i'm looking for 4g's back. even though the default still stands on sh#troen records, it doesn't show anywhere else.

 

good luck

[barracad]

OK try this one. In this case the default had actually been removed anyway, but if you see in particular posts #42 and #51 you will see what I mean.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/28450-advice-needed-judge-says.html#post221152

 

The best advice I can give is to contact Moneyclaim in the morning and see what they say - they may let you withdraw your claim and get a refund, and then you can file an N1. But if you do this please post your particulars of claim on here first as if you managed to fit them in the space provided on Moneyclaim then I doubt they are as in-depth as they need to be.

[compsoz]

The MOL claim against MBNA went as follows

 

On 9 seperate occasions I have requested information related to a default registered by MBNA with Credit Reference Agencies. These requests are required to be acted upon in legislation within the Data Protection Act 1998 within 40 days of the request. The date of the final request was June 04th 2006. MBNA again have failed to respond by the legal deadline. I request an order requiring compliance with those provisionsand claim compensation of £50 in relation to the effort put into these requests so far. The information I have requested from MBNA are,,,

A true signed copy of the original account opening form.

A true signed copy of the alledged Default Notice that should have been sent to me at the time. I leave any possible award of compensation for a breach of the Data Protection Act in the hands of the court. I belive the limit for compensation for this criminal offence to be £5000

[Tobes]

If it's not a monetary claim surely it should be a Part 8 form, not an N1?

[compsoz]

HI barracad Thanks for the link...

I'm not so sure that only money can be claimed....I may be proved wrong..If so then "Yes you were right" in advance .

 

I just looked at MOL website... and this is a copy of the text

Individuals

Solicitors

Government Departments

Businesses

 

who wish to issue a:

Claim (fixed amount of money)

Judgment

Warrant

 

 

I want a Judgement that compels MBNA to supply my information..

[barracad]

If it's not a monetary claim surely it should be a Part 8 form, not an N1?

 

In this case, yes you are probably right.

[barracad]

HI barracad Thanks for the link...

I'm not so sure that only money can be claimed....I may be proved wrong..If so then "Yes you were right" in advance .

 

I strongly urge you to ring Moneyclaim in the morning for clarification.

 

ATEOTD they are the experts and can give a definitive answer.

 

Please let us know what they say so we know for future reference.

[compsoz]

I'll call tomorrow...

 

 

Let you Know..

 

Thanx

[compsoz]

Rang moneyclaim..

 

You were right

All I get is £80 ...

 

Should have made it £4900

[barracad]

What did they advise you to do? Can you withdraw the claim and get a refund?

 

If you do this you can then submit a claim at your local court.

[compsoz]

They said that I couldn't have a refund and as Moneyclaim is only for monetary matters that the rest of my claim would not be persued..

 

MBNA have until 18th ... Mon to reply.. I don't think they will.... all I'll get is £80 back by default.

 

On another note .. the SARS request I submitted to MBNA on 07 August has been answered today with a letter containg charges on my account from 2001. I spoke to MBNA Vice president of something or other who said that they are getting so many requests for refund of charges that they automatically treat all SARs requests as a request for charges..

He apologised and said that he would get the information together as a matter of urgency.. Asking how long he had till the 40 Day deadline, I said.. Till Monday.. He said that was impossible .. it would take 2 weeks to get the information together..

 

When I said " That means you will be in breach of the regulations " He replied " Then We'll be in breach of the regulations"