DCA with default CCJ

[lookinforinfo]

I think there is still a couple of days to go with the DSAR. But as well as a complaint to the relevant authorities it would be good to write to

the DCA pointing out that you do need all these documents for the forthcoming Court case. The Judge will take a dim view of their inability

to comply with Act, nor to give you sufficient time to digest the information should they send the data to you at the eleventh hour.

[Learnerlitigator]

I sent it on the 01/09 I thought the 40 days included posting days But I can wait a day or 2 more

[BRIGADIER2JCS]

I sent it on the 01/09 I thought the 40 days included posting days

 

Technically 40 days from the day they receive the request.

[Learnerlitigator]

How about I email them this if I don't get the info for the 13th. Which only gives me 9 days for the set-aside hearing?

 

Dear Sirs,

 

Your company have now defaulted on both my legal requests received by you on the 3rd September. You have cashed my personal cheque in respect of the CCA request and failed to reply to my request for an update. Furthermore you have defaulted on my DSAR and failed to reply to my email reminding you that it is due.

 

Your company has either failed or declined to reply to my letters and emails. I fully intend to raise a complaint with the ICO and other relevant authorities.

 

Your company are party to court proceedings against me and your failure or delay in providing me with information to which I am legally entitled will be notified to the court and cited as a possible deliberate attempt to withhold information in support of my application.

[Learnerlitigator]

02/10/2012Trace EnquiryClarity Credit Management

Brigadier

 

I had a letter from these today, and having 'phoned (141 ofc) The lady advised asked a few questions and confirmed that their tracing agent had the wrong person and I will get a letter confirming that I have been removed from their system. Guess Crapquest prolly used the same agent.

I actually called Clarity last week and was already off their system so the lady today couldn't find my info. so today's letter had crossed in the post

[Learnerlitigator]

Maybe I'll have Clarity's letter to take to court and show the judge that tracing agents don't always get it right you think?

[Learnerlitigator]

What is the cost and process of DSAR to the Credit reference companies, I understand it's cheaper and they have less time, is this correct?

[BRIGADIER2JCS]

Same fee £10 and 40 days as far as i'm aware they have been known to wave the fee and reply quickly, address to the data controller.

[Learnerlitigator]

Last evening I got this email:

 

Thank you for your email.

We are currently looking into the issues you have raised and we ask that you please provide to us a copy of your driving license or passport in order to confirm your date of birth. Due to the tight timescale we would be grateful if you could forward this to us as soon as possible. This information is needed to help bring this matter to a resolution in the hope that it can be resolved without the use of the Court’s time and keep costs to a minimum for both parties.

We look forward to hearing from you.

Yours sincerely

Litigation Team

Today I replied:

 

WITHOUT PREJUDICE

 

Dear Litigation Team,

 

I cannot accede to your request given that you have failed to provide me with the information to which I am legally entitled pursuant to the Consumer Credit Act 1974 and the Data Protection Act 1998. It is your responsibility to prove that I have a liability to you, it being your claim. It is not my responsibility to furnish you with proof that I have no such liability to you. Indeed there would be no point in my application to set aside the judgement given that it would automatically be removed from my file in 2 years time if I believed the liability existed against me.Whereas if you resubmit your claim and succeed the new CCJ would be registered for 6 years again.

 

Had you complied with my legal requests I would have been more inclined to co-operate with you as I have indeed done with other agencies with the conclusion that the tracing was erroneous at the outset. However their approach was polite and courteous from the first contact to the last and yours has thus far been a long way from either.

 

If I believed I was your debtor I would have paid the £300 (before costs). But as I do not believe I am your debtor I look forward to demonstrating to the District Judge how you default on your legal obligations in order to deny your victim material with which to prepare to defend himself. Not least that you use MCOL to issue a claim at an unoccupied address to secure a default judgement.

 

I am severely disabled following a traumatic accident in 2005 and therefore I can claim full relief of application fees as I am entirely dependent on benefits. And if judgement is set aside and you resubmit and lose your action I will be making an application against you for compensation in regard to registering an erroneous default CCJ and damaging my credit rating for the past 4 years and claim costs at the LIP rate. If you do not resubmit or you discontinue I will be content that the CCJ is removed by the set-aside and draw a line under the matter.

 

As I have previously informed you, under the CPUTR if you do not have the documents upon which you rely you have a duty to inform me in writing. I will in any event be requesting that the district Judge orders these documents under the Civil Procedure Rules should you decide to continue the action.

I also sent yesterday by special delivery ALL the correspondence by email or post and happily told them I will be producing the same in court on the 22nd.

[Learnerlitigator]

Same fee £10 and 40 days as far as i'm aware they have been known to wave the fee and reply quickly, address to the data controller.

I called Experian are going to try and rush it through for me, they'll need to post it back by Wednesday, lol.

[Learnerlitigator]

Today I got an email from Capquest to the effect that they have looked into the matter fully and can confirm that they obtained judgement against me incorrectly.

 

They propose do deal with the court by way of consent order.

 

1). Judgement be and here is set aside.

2).The judgement entry be and is hereby cancelled

3).The claim be dismissed

4).There be no order for costs

 

Apparently they and I will sign the Consent order and the Judge will do his thing,

 

CQ say I won't have to go to the court but I don't trust them, would it be best to go just in case?

 

They also say they've removed my address from their records but I have mailed back regarding the defaulted CCA and DSAR requests, so I'll see if I get a response.

[BRIGADIER2JCS]

The Consent order will be put before a judge in chambers not at a hearing.

[Learnerlitigator]

I was hoping to get some costs for screwing my credit rating for 4 years, but guess I'll settle for the CCJ being gone at last, any idea how soon it's off the CRA files?

[BRIGADIER2JCS]

You need to get a copy of the order from the court and send copies to each of the CRAs displaying the entry, personally I would not rely on Crapquest doing it quickly.

[Learnerlitigator]

I'll do that Brigadier thanks.

[cerberusalert]

I was hoping to get some costs for screwing my credit rating for 4 years, but guess I'll settle for the CCJ being gone at last, any idea how soon it's off the CRA files?

 

Oh yes... the average compensation for an incorrect default is £1K & the fact that they have libeled you for four years by registering an incorrect CCJ would put it in a totally different ball park.

 

When this erroneous CCJ is sorted you need to cross the T's and dot the I's by going through the complaints procedures, raising a complaint with FOS and the ICO for processing incorrect information. This will give you further ammunition to blow them out of the water.

[Learnerlitigator]

I guess that's why they want to word the thing full and final satisfaction past and present all claims and counterclaims arising out of this matter past and present. Perhaps I should argue a point or 2 when I'm asked to sign.

[Learnerlitigator]

sent this overnight:

 

I've had some legal advice and there might be issues with your wording of the consent order referring to full and final settlement of the matter past and present. My understanding is that there could be a compensation claim as my Credit record was seriously damaged for 4 years as a result of an erroneous prosecution on your part. The average compensation for an incorrect default is £1K & the fact that they have libeled you for four years by registering an incorrect CCJ would put it in a totally different light were I to claim compensation. I am not at present thinking of making a compensation application but are concerned that the order as written would preclude such action in the future if I am still unable to secure credit on favorable terms given that my history has been affected by the CCJ already.

 

Would you care to comment on the above or offer an ex Gratia settlement before we come to a final agreement on the issue? I expect in any event to have my own solicitor review the consent order before it goes into chambers.

 

and got this in reply:

 

This matter will be passed to our Senior Management for review. Therefore, we will contact you via email once this has taken place.

[lookinforinfo]

I don't think you should agree to the full and final until you have received compensation for the trouble and aggravation they have put you through.

 

Has there been a time when you were unable to get a loan because of the ccj? Has it affected your chance of getting a job you wanted by having a ccj? Those would be

additional factors in your claim for compensation along with libelling you for 4 years plus seriously breaching the Data Protection Act.

[Learnerlitigator]

No but I've had to have sub prime Credit Cards because of my credit score which only had the CCJ as a black mark

[lookinforinfo]

Well you can ask for the difference in the interest rates to be refunded as part of the compensation.

 

Oh, and don't forget to contact your credit card companies once the ccj has been erased to get better rates from them. You should also qualify for interest free deals

when they turn up.

[Learnerlitigator]

LOl, they rewrote it minus the full and final crap, I'll sue them for sure once the CCJ is gone.

[cerberusalert]

As I said, go through all the complaints procedures with the various offices. With FOS they are in a position to make an award which they have to abide by, but if you disagree or feel the award isn't enough you can appeal and/or reject their decision & bring about a claim through the court. But as I said, the more ammo you have the better particularly if FOS and or the ICO find in your favour.

[Learnerlitigator]

I will do that, presently my complaint regarding their defaulting on the CCA and DSAR is supposedly with their complaints department. I'll be able to relax and concentrate on getting recompense once the CCJ is definitely gone and might well ask some of you guys for draft letters at which you are so outstanding.

[Learnerlitigator]

My Solicitor is most interested and Of course I have the emails from CQ to help him out with it all