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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Police checks on partners broke law

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Four people have been sacked and 14 resigned as a result of the breaches of data protection laws by police officers and staff in Wales in the last two years.

 

Full story here

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Unbelievable.

 

I am having great difficulties at the moment which are causing me so much distress.

 

It became apparent in a letter written to the CSA last September that an ex had accessed my credit file. Earlier that year on a family court my exes barrister said in court that they know all about me using an alias. I thought this was so bizarre as I had never done so. As I won the case I did not pursue it any further. In the September when he stated in his letter to the CSA that I believe he did not think they would share with me sensitive information from my credit file.

 

I then requested a copy of my credit file from Call Credit. They were actually very helpful. On my credit file my mothers maiden name had been listed as a alias. I have never ever used any mother names so can only think this was a recording error.

 

In the report there was a search to my credit file that I did not recognise. It was by a firm called N2 Check which is a company owned by Dunn and Bradstreet. I communicated with N2 to be told that the search was done by Call credit their consumer credit provider . Call credit said that N2 would have that data not then, call Credit said that n2 would have it not them.

 

I made a complaint to the ICO in

November 2012. I wrote to Dunn and Bradstreet to tell them that I was taking action. In March 2013 I received an email from Call Credit telling me that N2 had just informed them that the search was done by a private investigation agency called Hermes Forensic Solutions. I emailed Hermes who did get back to me reasonably quickly to tell me that it was not them that did the search but another company called 1000words. I emailed 1000words and the worker admitted that he had done the search and he was aware that I had not given my consent. Hermes did explain to me that 1000words was a sub contractor to Hermea. They went on to explain that they allowed their sub contractor to do some private work using their n2 account. 1000words refused to name the third party. It was so frustrating knowing that my personal data was being given to third parties. Eventually hermes agreed to intervene and told me who 1000words were providing services for. I could not believe it was yet another private investigation company. I emailed this company and they are insisting that I will have to wait the statutory 40 days before they would reply to my subject access request if they considered it appropriate.

 

The only way you can do a consumer credit search is with the data subjects request or a court order. Neither of these applied so it must of been a fraudulent search. . 1000words did tell me that they had apologised to N2 back in October for providing a consumer credit search without consent. It is so frustrating all these lies and cover ups. Passing the buck between agencies.

 

 

The last agency insisting the 40 days statutory wait before they may or may not disclose who paid them to conduct a search on me are called Neil

Casey Investigations. The whole thing has been an ordeal. My ex has used the data he received to intimidate me.

 

I hate all this cover up . Why is it so hard to be told who has paid for an unauthorised credit search to be done without consent or a court order.

 

I have referred the matter to the ICO and am waiting for an enforcement officer to be allocated this case.

 

Can anyone offer me any advice. The Neil Casey Investigations tell me that they are only required to tell me what information they have stored on me but are not required to tell me who they have passed it onto .

 

Can somebody advise or have any knowledge about this .

 

Thanks you

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