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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

HELP with getting default dates changed or gone


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Hi, These ''inconsistencies'' of reporting procedures do cause a lot of problems.

So to answer your questions, the Information Commissioners Offices' Trchnical Guidance on Defaults state that defaults ''should usually'' be placed within 6 months of the date of the cause of action, generally taken as being after 3 missed payments or a ''history '' of late/missed payments again usually within 6 months, so imo

defaulting 4 years in to a DMP is unreasonable and unfair and should be subject to a complaint to the ICO together a formal complaint to the data controller of CITI.

 

I can offer to help you with these complaints if needed.

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Hi, Thanks so much for your reply, I do think that it is unfair and I am hoping that by putting in these complaints I can have it removed. Looking at the online complaint form for the ICO, would I write full details of my complaint in the body of my email to them as the form does not appear to have space for this. Also would you suggest CITI are the people I need to be writing to rather than OPUS, since CITI were the ones that defaulted me. Any help in relation to what to say will be appreciated. Thanks again.

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Ok will put something together for you later.

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  • 2 weeks later...

i sent out a nice letter today to all creditors expressing that it has now been over 38 days since i wrote and that i shall wait 8 weeks in total before taking the case to the ombudsman ico etc, i have now received a letter from fremans today saying

 

dear miss

with regard to my previous letter of the 4th march 2013 and with regard to your letter received on the 26th february the content of which has been noted.

whilst i sympathise with your situation a default is applied to an account when it is referred to an external recovery agency. Your account was transferred to EOS solutions on the 10th july 2011 and a default was registered on your credit file to reflect this on the 11th july 2011. We accepted reduced instalmenst from you for a considerable amount of time to try and assist you with your financial difficulties. The default date bears no connection to when you approached a debt management company to assist with your affairs. With regard to your comments that other creditors issued a default in 2007 in accordance with the ICO guidelines. If this has been the case with other creditors this would imply that the accounts in question with other creditors were reffered to an external recovery company back in 2007.

Records are retained for a period of six years from when an account closes or defaults. This retention period is standard practice throughout the credit industry and is also our owncompany policy. It is a factual record of how the account has been conducted. The default date 11th july 2011 will remain on file.

i trust this resolves your enquiry and clarifies the position

yours sincerly

 

Need advice on what i can do next on this one as im not giving up without a fight, what would you suggest please

many thanks :-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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i sent out a nice letter today to all creditors expressing that it has now been over 38 days since i wrote and that i shall wait 8 weeks in total before taking the case to the Ombudsman ico etc, i have now received a letter from fremans today saying

 

dear miss

with regard to my previous letter of the 4th march 2013 and with regard to your letter received on the 26th february the content of which has been noted.

whilst i sympathise with your situation a default is applied to an account when it is referred to an external recovery agency. Your account was transferred to EOS solutions on the 10th july 2011 and a default was registered on your credit file to reflect this on the 11th july 2011. We accepted reduced instalmenst from you for a considerable amount of time to try and assist you with your financial difficulties. The default date bears no connection to when you approached a debt management company to assist with your affairs. With regard to your comments that other creditors issued a default in 2007 in accordance with the ICO guidelines. If this has been the case with other creditors this would imply that the accounts in question with other creditors were reffered to an external recovery company back in 2007.

Records are retained for a period of six years from when an account closes or defaults. This retention period is standard practice throughout the credit industry and is also our owncompany policy. It is a factual record of how the account has been conducted. The default date 11th july 2011 will remain on file.

i trust this resolves your enquiry and clarifies the position

yours sincerly

 

Need advice on what i can do next on this one as im not giving up without a fight, what would you suggest please

many thanks

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Looks like the letter you have received is their ''final response'' so you can complain to FOS now.

Edited by BRIGADIER2JCS

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Okey dokey I shall get a letter typed up to the fos for this one then many thanks

Still waiting to hear from the other creditors m

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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I think the complaint should be to the information commissioner's office and it will help if you point out exactly why Freemans have been unfair.

I'm a bit pushed for time at the moment but a search on the ICO website should drag up the document you need. If not, give me a few days and I'll find it for you.

RMW

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Reallymadwoman that would be a great help if you could find it for me as I'm not sure what or where to look I appreciate the help thankyou :-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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This is the document you need to refer to on the ICO website http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

and this is the link on how to make a complaint

http://www.ico.org.uk/complaints/handling/complain

 

What you are complaining about is that Freemans have not followed the ICO guidance which states (on page 11 I think, but check yourself) that defaults should be placed AT THE LATEST 6 months after the last FULL contractual payment is made. In plain English, they could have put the default on your file as soon as reduced payments were agreed and should have done it within 6 months. As they didn't you have been disadvantaged because the default will be on your credit file for longer.

 

In my experience the ICO are pretty good at dealing with these sorts of complaints and will tell Freemans to remove the default fairly promptly.

RMW

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The guidance state ''SHOULD'' be placed ''usually'' with in 6 months of the cause of action, but there are some exceptions.

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Copy in the FOS with the details of the mismanagement of data it may help IF the matter then has to go to FOS at any time.

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Just an update in relation to my dealings with OPUS and their 4 years too late default, after disputing it through equifax (without sucess) and writing to them requesting they amend the default date to 4 years earlier, Opus have now decided to move the default notices forward by over 2 months?!! and also amend every months update on my credit reports over the last 6 years, changing the red and green boxes, chaningthe numbers from 6 to 4 etc etc..... on EVERY month, year on year! the good news is, I printed a copy of my report prior to dispute and now I have a print out of all the changes they have made - which to me can only look like they are trying to interfere or manipulate the data. Considering in their response to my dispute on equifax, they stated that they only had limited account history for my account since they took it over from CITI, so they can only assume that the default date should stay as it is! So how they have managed to assume all this data and amend it all, I do not know. Just don't know how they are playing this, or what they are upto (other then giving me adverse credit rating for 2 months longer). I have submitted a complaint through DCO from your advice, and I am still awaiting a case officer to be assigned to it. Just wondering is this a normal way for creditors to react by making my credit file look even worse? Best wishes and luck to all and I will keep you all in the loop re DCO complaint. x

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Well IMO I would say you have a very good case to sue them for defamation.

 

I would send Equifax a letter before action and the same to OPUS instructing them that they have 7 days in which to correct this data, and failure to do so WILL result in you suing them for defamation in court.

 

Incorrect data on YOUR credit file, attracts a four figure compo figure. However, you must only threaten them with legal action if you are prepared to carry it out, otherwise it will make it harder for others who do choose to go down this route.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I agree BUT if you threaten legal action you MUST be prepared to follow through!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks you two for your replies, its reassuring to get some good advice from those in the know! I certainly feel confident enough to take it as far as court, but should I not wait for the DCO complaint to go through and see what result I get from that first (as it would the courts prefer to hear their findings), or is it common practice to start proceedings prior? Is it just the small claims court that I would be requesting the summons from? I take full responsibility for the mess I got myself into at the beginning of 2006, but no one should have to live with the punishment over the 6 years, its so cruel. x

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By DCO do you mean the ICO, (Information Commissioner)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It is entirely up to you, but the ICO may have a back log of complaints to deal with, so if you hit the CRA and OPUS with your LBA giving them 7 days to correct the data, they will either do so, or you will then need to submit a claim via the small claims track for damages due to defamation.

 

Have you been refused any credit or mobile phone contracts? Mortgage a Job even? The latter would attract a heavier fine for them as you will have been seriously disadvantaged by this incorrect data.

 

They will either remove the incorrect info, and replace it with the correct version, in which case you would just let the ICO carry on with their investigation, or if they fail to correct it, you take them to court, sue them, win, and they are ordered to correct the info, and the ICO can be informed that their is no need for them to continue with their investigation.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well just had a phone call from Lloyds tsb about my complaint saying they understand where I am coming from but they are standing firm and not changing the date, I asked him to put it all in writing to me. He said I can then go to the fos with a complaint if I wish to do so!! Oooooo they make me so mad :-(

Again can I ask fos or ico ?

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Also just been digging thru Lloyds papers and found two defaults from them, one dated 11 April 2012 and one dated 11th may 2012. I thought they could only send one ? Any advice pls

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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Default notices are just that notice of ''what will/may happen'' if the cause of the default is not remedied.

So it seems Lloyds did not place a default after the 1st notice was sent.

 

Get a final response letter from them, the complain to FOS copied to the ICO.

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Yes get this immature response in writing and take them to the cleaners, silly bank, how quickly they forget we bailed their criminal backsides out of their mess!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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