jonni2bad v Halifax - Got the money but no default removal

[MARTIN3030]

Very interesting point M how indeed ?

If you have been briefed by the latest Citi saga you will have seen that they want to bring their Financial director into the frame to speak with the Judge.

They obviously think that the appearance of the people that are able to understand the whole business might swing things.

In Johns case one wonders who would be the equivelant.......The guys from Equifax Experian and Mycol ?

[caro]

I have little doubt that your research will have been far more in depth than the Halifax legal bods, so go get 'em Jonni. If the CRA's are meant to be based on fact, then the facts are that the charges were a major contributory factor to you being overdrawn, possibly even the only factor. If the charges were removed from the records, the records are likely to reflect a completely different version of the "facts".

 

I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

[Glenn UK]

 

I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

 

Its the primary means for them to punish those who dont play by their rules imho.

 

Im not even sure it has anything to do with loss of money due to bad debtors either. With the way the banks lend money they should expect to loose a percentage, mind you i think i saw Abbeys PBT up by 30% or so somewhere on line, cant be that big an issue for them can it.

 

I have a claim against 1st National aka GE Money, who imposed a series of charges on my account which meant when the DD finished there was an outstanding balance from 2003 which they never wrote to me about.

 

I have late payment markers on my file as a result of this up until 3 months ago, they refuse to remove them, I cannot see why they want to argue about what to them is such a trifling matter.

 

JMHO

 

Glenn

[jonni2bad]

...I still am not clear why they are so reluctant to remove defaults though. They are going to a lot of time and effort to fight them.

 

It's just a guess, but there is always the matter of defamation of character.

 

I won't comment here as to my own circumstances, but this has potentially enormous implications for all banks.

[MARTIN3030]

True.

 

I have looked around and there is very little in the way of information about this from settled cases.

I guess with the implications you speak of (and I am fairly sure I know what you mean here )

 

That signing a conf would almost certainly be an expectation.

[aardvark the lecturer]

Also presumably they are aware that in processing your data adversly or otherwise after your account was closed without your consent was a blatant breach of the data protection act......

 

Not to pick holes at all guys, but I trust you are aware of the ICO's stance on DPA consent.....

 

S.10 is not an absolute right to stop processing, a data controller does not have to comply with a S.10 request only to respond to it. The Data Protection Act does not give individuals the right to have their personal details deleted on demand. Whilst an individual can withdraw their consent to the processing, this does not automatically mean that the processing must cease. Consent is only one of the six conditions specified under schedule 2 of the DPA. Where another condition can satisfies consent is not required.

 

As posted here recently.

 

Also,

 

It is our view that the condition for processing below (Schedule 2 part 6) covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

 

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject."

 

We take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals

 

as posted here.

 

I know this isn't the main cut and thrust (so to speak) of your case as the default is considered to have been caused solely by the unlawfull charges.

 

However, be carefull of being dragged down the "you don't have my consent" angle in light of the above.

 

This post is in no way meant to sound patronising, I have HUGE respect for the work you all do and knowledge you have. If you've already considered this and are choosing to fight the ICO's interpretation I know of many threads that would love to see a victory on this!!

 

Aardvark

 

[jonni2bad]

Hi

 

I've never approached this particular default with that angle in mind and have done so solely on the basis that they have breached the DPA by making reference to a default which was caused by unlawfulness.

 

Although I too sent a s.10 notice, I was aware that the best I could hope for would be no response, or possibly just a late one.

 

Thanks for the info though - I certainly appreciate you passing that on.

[jonni2bad]

....I guess with the implications you speak of (and I am fairly sure I know what you mean here )

 

That signing a conf would almost certainly be an expectation.

 

I would think they would certainly try! A very large settlement in itself would have to be offered to achieve it though - certainly in the region of £5k or more.

[aardvark the lecturer]

No Prob,

I wish you all the best and can't wait to see you win

[Wicky]

Wow,

What a saga, I have been completely enthralled by this thread (having just found it). I hope it all goes well and that the banks might even learn that we are not worms to be trod upon, and if they try we sometimes bite back. I find the legal aspect fascinating, as I myself had not been that interested in legal arguments until coming on this site and now find myself fascinated by normal peoples interpretations of some quite complex legal issues.

Well done all of us and go for it Jonni

[pugsley]

:lol:rather surprised this is still ongoing, I must say you have a lovely bundle there hehe:lol:

 

 

good luck xx

[caro]

I've made a note of your court date on my calendar Jonni, so I don't forget to pester you to update the second you get back from court.

[jonni2bad]

I have to say, if I win this I'm spending the afternoon and evening glued to a bar stool with a constant supply of black russian on ice........

[caro]

I have to say, if I win this I'm spending the afternoon and evening glued to a bar stool with a constant supply of black russian on ice........

In that case I will accept your absence as a sign of winning and give you permission to leave it a short while, but your public will be awaiting with baited breath. It would be just too cruel to leave us all on tenterhooks for too long.

[Bookworm]

J, I hope you don't mind, I've put your court date on your title to draw even more attention to it!!!!

[soapygreen2412]

im new to this forum and have just sent my £10 off to halifax and alliance and leicester

good luck to u johnny hope u get it b4 court but hey it wont matter cos u will win anyway

[bram stoker]

I won't be able to log in then, so good luck Jonni.

[jonni2bad]

Thanks for the good luck messages all...

 

... hope u get it b4 court but hey it wont matter cos u will win anyway

 

The money is safe (along with my bus fare home) - I'm going after the default speedboat

 

[Marilyn]

Good Luck Jonni

 

Will def be keeping eye on how you get on, although you are so well prepared luck doesnt come into it!!!

[Yasmin]

Best Wishes for Friday Jonni, hope all goes well!;-)

[bearo]

Yep best wishes from me too

[Tinkerbelle]

Good Luck!!

[maybelline]

good luck for 10th Jonni, we will be with you in thought:)

[ncf355]

All the best J2B!

 

Go get 'em!

 

[ocharged]

Good luck j2b,hope all goes well on Friday keep us posted.