jonni2bad v Halifax - Got the money but no default removal

[TideTurner]

Cheers Gizmo, Maybelline - I'll check it out

[breadline]

Has anybody ever had any issues with respect to the legal retention of data by the likes of Equifax or other credit agencies. As I understand, the original database was set up by the FOS (Financial Ombudsman Service) who later wiped their hands clean of it. By then, the damage was done and the banks took up the case - the FOS are appointed by the government and cannot be seen to publish / provide personal information to all and sundry, particularly not for profit. I will be looking to question Equifax / Esperian etc. on their rights to obtain / retain / provide my personal information to any third party without my express consent. Has anybody else challenged them?

 

HI Tide Tuner you have actually placed a question on a persons personnel bank thread. there fore your question will need to be moved across to make its own thread.

As you can see 250 post already in this thread so allowing off topic posts would just confuse matters.

I will request a move for you.

BL:)

[TideTurner]

Hi Breadline please don't create a new thread - I won't need it until I get a response from the CRA's

[Allyxia]

I am in this exact position now with Natwest I am waoiting for a court hearing which seem s to be allusive as my file has been travelling all around england for some unknown reason!!!

 

I have not accepted any F & F as yet as they did not put on there re deafult with was £300 (every last penny was a charge BYW) against a claim of over £1550. However I suspect I will have my chque by weds this week judging by other theads on here at the same stage.

 

Obvisouly I am not in the position to place my claim on hold as it is in the hands of the hearing date now!!!

 

It beggers belief though that a judge can so blatently ignore a claimants case such as this!!!! But them as someone who regularly attends court (ha ha in a professional basis) it doesnt suprise me!!! I callit the "god complex" and spent a whole section of my pysch degree on it!!!

 

ANyway I digress, I have spent the best part of my time on here dealing more with CRA and DPA and now have nice byundle of info from them admitting various thing and tiem and time again it does appear that in relation to this CRA can do what the hell they want, despiet what I can only find to say otherwise!!!

[Allyxia]

Tide turner please PM as I have been dealing with the CRA directly and can update you on the info I have got!!

[Allyxia]

Does anybody have the link for daygo post please - thanks!

[gizmo111]

Does anybody have the link for daygo post please - thanks!

 

http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his-10.html#post295770

[caro]

No more hihacking please.

[Allyxia]

Cheers.

 

Sorry. though my bit about going to court was relevant - whoops. will post on own !!

[caro]

That bit was, but the requests for links, PM's etc are not relevant to Jonni's thread. I just meant keep on topic for this thread please as Breadline has already asked.

[Spiceskull]

It is a shame, but there is no shame in trying and losing. I still find it unbelievable that a judge can say that he will not be discussing legalities...keep us posted on any appeal that may be happening.

[Allyxia]

Ok Sorry!! Point taken!

[Robert_Brenchley]

Could you post copies of all the other documents you issued, or as many of them as possible? I'm in the process of drawing up a court claim against Crap1 for repayment of charges plus the removal of a default. What you posted is really helpful, but anything more that you can offer would make life easier for others in the same situation.

[jonni2bad]

If they offer a settlement of the money issue here, you need to be aware of the risks of accepting this without having the default removal included. In other words, the claim should now be settled in full or not at all.

 

As wel as the bundle described in my thread, I included Appendix 4.6 and 4.10 of the latest documents we have obtained - the Competition Commissioner's report into personal bank accounts in Northern Ireland. See link here

Provisional Findings report -Northern Irish personal banking

 

Since you are claiming against CapOne, then this might not have much use for you (the report being based on bank accounts rather than credit cards). The OFT report is you greatest weapon.

 

You should also be aware of the following and make sure you have evidence.

 

You will need to supply a copy of your Credit Reference Agency report (your credit files) to prove that the default exists, when it was made and for how much etc.

 

Also, if you have any documentation that shows what levels of credit facility you had throughout your contract with CapOne, also supply these. If not, you should try to obtain such evidence.

[Allyxia]

Thanks J!!!!

 

Looks liek Im off to court then. It may be the first time we get to hear from the banks, unless off course the decide to settle before then (which they havent so far) I cant really see them sending the same responce of settlement without the default since I included that in my no thanks letter last time.

 

At the risk of annoying you I many ask you when I get a court date to go through each litle bit I need to bring justonce more!! Sorry to be a pain!!

[sezj127]

Can i just ask without stealing your thread J2B...when you accept as a partial settlement (monetary) but continue to pursue do they actually pay you the partial settlement then, or not? Just wondering if they basicaly say 'well we offered, you said no, so tough luck no cash? Was only wondering as it would be nice to see at least some of my money this side of xmas. Havent quite been able to figure that out. Many thanks.

[jonni2bad]

Can i just ask without stealing your thread J2B...when you accept as a partial settlement (monetary) but continue to pursue do they actually pay you the partial settlement then, or not? Just wondering if they basicaly say 'well we offered, you said no, so tough luck no cash? Was only wondering as it would be nice to see at least some of my money this side of xmas. Havent quite been able to figure that out. Many thanks.

 

Anyone accepting partial settlement - if that means all of the money but NOT the default removal, would get their money paid out and then have to deal with the default as a separate issue in court.

 

This action would now seem to seriously harm your case (although it might well be that another Judge would not treat the issue the same way as my Judge did, but would you want to take the risk?).

 

If someone is ONLY claiming for charges, then accepting a partial settlement would not be a problem (so long as you are not signing something that states FULL AND FINAL).

 

I hope this helps...

[ravenbluemoon]

Shocked and angry that you didn't get the Default removed :mad:

 

It doesn't bode well for my case that I'm preparing (with the help of BankFodder). I want removal of my Default, and am also claiming for damages due to constant harassment by telephone, and most likely another £120 odd in charges since the last settlement (not related to the deflault though). It's doubly bad that Mansfield is my local court too!

 

Do you reckon that if I was to lump the charges, default removal and harrassment into one claim, there will be a better chance of success? That and going to another court (Nottingham or Chesterfield if the have one)

 

Anyway, well done in the fight against the banks - hope you can find a winning way out of it!

 

Raven

 

P.S. You don't think the Judge has a vested interest in the banks do you?

[jonni2bad]

P.S. You don't think the Judge has a vested interest in the banks do you?

 

As the old saying goes - you may think that, but I couldn't possibly comment!

 

Do you reckon that if I was to lump the charges, default removal and harassment into one claim, there will be a better chance of success? That and going to another court (Nottingham or Chesterfield if the have one)

 

I think that is the safest option, then any potential Judge should find it very difficult not to even discuss the reason for the charges and having done so, could not really have a case for suddenly changing his mind half way through the hearing!

 

If you feel happier moving to another court, perhaps one that is "on your way to work" etc then there is no problem in doing so.

 

I'm currently investigating my options regarding my own case.

[henrysdad]

Jonni, regarding your point that people should not settle if they have a default issue, I think it's worth noting that Halifax often "settle" without prior reference to the customer. In other words they transfer the funds into the customer's account - which they may or may not have access to. However, in such a case, the customer cannot be deemed to have accepted that offer unless of course they withdraw the money!

 

I am not sure the small claims court - and certainly not the moneyclaim precedure - are geared up (or willing) to deal with the default and restoration of facilities scenario. I have always been told that the Courts are reluctant to order positive actions which they cannot directly control - like the removal of a default for example. Another possibility is that the courts may feel that if you have had a default wrongly registered against you then your remedy is in damages.

 

In my own case I have sat on my hands awaiting the outcome of your case and I will add a post in a few minutes to my own thread.

[Allyxia]

Im up in court next Thursday for a removal of a CCJ as a result of unfair charges!! Now I know its not quiet the same as a default, but its one of many that I am trying to reslove!!

[jonni2bad]

... I think it's worth noting that Halifax often "settle" without prior reference to the customer.....

 

This is true, and like you say - especially of the Halifax.

 

However, if you refuse to accept it and proceed to Court then they are forced to resolve the whole issue. Having spoken to BankFodder regarding non-acceptance, the stance is that your claim will not be harmed because of a refusal to accept under these circumstances.

 

...I am not sure the small claims court - and certainly not the moneyclaim precedure - are geared up (or willing) to deal with the default and restoration of facilities scenario. I have always been told that the Courts are reluctant to order positive actions which they cannot directly control - like the removal of a default for example. ...

 

Certainly the MCOL isn't, and in fact you can't even use MCOL for anything other than simple money claims.

 

The basis for removal lies within the DPA- the banks have passed inaccurate data to 3rd parties. The Judge in my farce, sorry - I mean case - did state that he agreed that there was a power to order to defendant to correct the files.

 

Best of luck!

[midgers]

Just been catching up on this thread. Sorry to hear your news Jonni. All the worked you put into it. Don't give up!

[llandegla]

How much time do you give them on the declining the offer letter? Please help

[henrysdad]

You do not need to give them any time as you are simply rejecting their offer. However, if you have an account with them they will normally transfer the funds into that account and you will have to specifically state in writing that you can only accept that sum as partial settlement of your claim.