un1boy vs Experian - Default removal

[asiwome75]

Hi, I been charged by abbey national for exceeding my overdraft, mean while it was £1000.00 and they have reduced it to £500.00 and within 3months they have charged my account by £90.00. In fact am very new to this site and I want help or advice from anyone had also went through this before.

[asiwome75]

I have refused to pay a bill that orange charged over £1000. for month for using my mobilephone, I have not received any notice from them that I have exceeded my limit and this bill came, I called to explain to them but they rather gave my name to debt collectors, you think this is fair, please, I need advice.

[un1boy]

Hello everybody.

 

Sorry I have been quiet lately, I am studying for some work-realted exams but when that is all over I have decided I am going to take these guys to court - I'm fed up with their attitudes!

 

I will post a reply to their latest emial asap.

[un1boy]

Hi, I been charged by abbey national for exceeding my overdraft, mean while it was £1000.00 and they have reduced it to £500.00 and within 3months they have charged my account by £90.00. In fact am very new to this site and I want help or advice from anyone had also went through this before.

 

Ok, I would suggest follwoing the step-by-step guidde and claiming the charges back

 

Start your own thread and let us know what it's called and we will come over and help

[un1boy]

I have refused to pay a bill that orange charged over £1000. for month for using my mobilephone, I have not received any notice from them that I have exceeded my limit and this bill came, I called to explain to them but they rather gave my name to debt collectors, you think this is fair, please, I need advice.

 

 

Sorry I've not been around this thread for a while....

 

Asiwome, please can you clarify your situation and start your own thread so we can help you better? Let us know what's it's called.

[un1boy]

With regards to my Equifax stuff I have had enough so I have decided to issue an N1 on them.....

 

Here are the POC's I intend to use:

 

It is the Claimant’s contention that:

 

1.The Defendant, as a data controller, is processing the Claimant's personal data without consent.

 

2. The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2006, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress.

 

3. The damage and distress relate to the Claimant having to pay higher interest rates on credit agreements and the inability to obtain new credit arrangements or to obtain a competitve mortgage.

 

4. The Defendant continues to process the Claimant's personal data through their data processors of Equifax, Experian Call Credit and any other Credit Reference agency employed by the Defendant.

 

5. Accordingly the Claimant claims:

 

a) Refund of £100 for reserach and time used to bring this matter to court

 

b) An order that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act

 

c) Compensation at the courts discretion under s.13 of the Data Protection Act 1998

 

d) Court costs;

 

Comments please....

[un1boy]

Hiya,

 

Sorry I haven't been around this thread much....I have decided not to waste my time replying to their emails, instead I am going to issue an N1 on them.....

 

Here are the POC's I intend to use:

 

It is the Claimant’s contention that:

 

1.The Defendant, as a data controller, is processing the Claimant's personal data without consent.

 

2. The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2006, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress.

 

3. The damage and distress relate to the Claimant having to pay higher interest rates on credit agreements and the inability to obtain new credit arrangements or to obtain a mortgage.

 

4. The Defendant continues to process the Claimant's personal data through their data processors of Equifax, Experian Call Credit and any other Credit Reference agency employed by the Defendant.

 

5. Accordingly the Claimant claims:

 

a) Refund of £100 for reserach and time used to bring this matter to court

 

b) An order that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act

 

c) Compensation at the courts discretion under s.13 of the Data Protection Act 1998

 

d) Court costs;

 

Comments please....

[Guest willowb]

Hi:)

 

I think that you need to ellaborate on point 3.

 

I'll find my amended POCs for B'card, they may help you....back in a mo...

 

 

Wxxx

[un1boy]

Hi Willow,

 

Good to hear from you!!! Not spoken to you for ages!!

 

Thanks......

[Guest willowb]

I know.....I've got so much going on in here at the moment:eek: which reminds me, I need to edit my signature!

 

Hope you are well:)

 

The Claimant held a current account ***************with the Defendant under their Terms and Conditions from 6th June 2000.

 

1.Part 1(1) Data Protection Act 1998 defines Data Processing as reproduced below

"Processing" in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-

(a)organisation, adaptation or alteration of the information or data,

(b)retrieval, consultation or use of the information or data,

©disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d)alignment, combination, blocking, erasure or destruction of the information or data;

 

2.Barclaycard (The Defendant) is processing the Claimants' personal subject data consistent with paragraphs 1.0(a)(b)© above in that they maintain an entry in the credit file held on their behalf by the three Credit Reference Agencies (CRAs) in the UK.

 

3. Section 10(1) Data Protection Act 1998 states that an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) The processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) That damage or distress is or would be unwarranted.

 

4. The Claimant issued a Notice to the Defendant, dated 29th September 2006 to cease processing personal data in accordance with his rights under Section 10 (1) of the Data Protection Act.

5. Section 10(1) is subject to Section 10(2) which states that

(2) Subsection (1) does not apply-

(a) In a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) In such other cases as may be prescribed by the Secretary of State by order.

 

6. In respect of Section 10(2)(a) none of the conditions described in paragraphs 1 to 4 are met in this particular case and in respect of Section 10(2)(b) The Secretary of State has not prescribed an order relevant to this particular case.

 

7. Section 10(3) Data Protection act 1998 describes the obligations of a Data Controller upon receipt of a notice issued under Section 10(1). The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

 

8. Section 10(3) requires the Defendant to reply stating justified reasons (if any) for refusing to comply within 21 days of receipt of the Notice.

 

9. The Defendants' response to the Claimants' notice did not set out any justification as to why the Defendant has not ceased to process the Claimants' data.

 

The Defendant therefore, has not complied with their obligations under Section 10(3) in that they have neither ceased processing data nor replied with justified reasons as to their non-compliance with the properly issued notice under Section 10(1).

 

In accordance with his rights under Section 10(4) the Claimant requests from the court an order to the Defendant that he comply with the Notice issued under S.10 (1) as the notice appears reasonable and the Defendant has failed to give justified reasons for non-compliance within the 21 day period. The Claimant is seeking an order from the Court that the Defendant ceases to process the Claimants' data.

 

10. The Claimant maintains that the continued processing of his personal data is unwarranted in this particular case. In particular that the continued processing causes substantial damage and distress.

 

 

• As a direct result of the Defendant's continued processing of the Claimants' data, the Claimants have been refused 'full' current account facilities and only offered 'basic' account facilities. With the 'basic' account, the Claimant is not entitled to a cheque guarantee card and the debit card issued with the account (electron) is refused at a lot of places which causes embarrassment to the Claimants and the fact that the Claimants no longer have a cheque guarantee card is extremely inconvenient.
  
• The Claimants are unable to obtain a competitive mortgage due to the continued processing of personal subject data. The Claimant maintains that the processing of this data causes damages to the extent that additional mortgage interest applied to their account at a cost of £50.32 per month compared with a typical high street mortgage provider.

£50.52 X 26 (months - the time the default is due to remain on file) = A total predicted loss of £1,313.52

 

As a result of the default maker that is being maintained as part of the Defendant’s processing of the Claimants' data, substantial and disproportionate damages have been incurred.

 

The continued processing for 6 years is excessive in this case and is carried out for longer than is necessary against principle 5 of the Data Protection Act 1998.

 

11. The Claimant signed a civil contract with the Defendant on 6th June 2000 in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract. At no time did the Claimant grant permission, either expressly or implied, for the Defendant to abritrarily extend that permission to store, process or disclose any personal data beyond the cessation date of the contract.

 

• It is the Claimants' contention that the defendant's perceived right to abritrarily choose to extend the length of that contract without the Claimants' knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).
  
• The Defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimants' contention that the Defendant is in breach of both the contract itself and the Data Protection Act 1998, by the Defendants' continued disclosure of personal data.

 

Hope this helps.

 

Wxxx

[un1boy]

I knowexactly how you feel! It's manic at the mo!

 

Aw thanks hun...I'll read through them a bit later when I get a chance.

 

Out of interest, what is it exactly you are requesting from Barclays?

[hondamad21]

Hi un1boy,

 

I just wanted to wish you the best of luck with this!!!

I am currently trying to get Egg to remove a default from my file.

 

Also willob, your case is very well written. You would not mind if i used a part of it?

 

hondamad,

[un1boy]

Thanks for your support guys - I just hope that people don't stop taling to me once I have entered my N1 like in some of my other threads!! :-/ Because I am gonna need a lot of help with this!!!

[hondamad21]

Don't worry un1boy I will try my best to help, the fact that I don't know very much is beside the point :lol:

 

hondamad

[Guest willowb]

Out of interest, what is it exactly you are requesting from Barclays?

Default removal subject to them not responding correctly to my stat notice (mainly anyway)....there are no charges involved.

 

Also willob, your case is very well written. You would not mind if i used a part of it?

Not at all, half of it was dayglo's anyway!

 

Wxxx

[un1boy]

great...I'm just revisin for some work related exams at mo.....will draft up my POC's for Experian and post asap.....

[un1boy]

[deleted]

[un1boy]

I got tired of replying to his waffle so I have sent him the following:

 

 

Hi Lee,

 

My contention so far has been that you are processing data unlawfully as it has been obtained illegally, I have not admitted nor contested liability for any debts or information on my file as this would be an inappropriate dialogue to have with Experian. I have simply highlighted the fact that information you process is inaccurate and asked you to act to get it removed. I am in dialogue with the relevant companies about the subject of liabilities. Furthermore, I do not acknowledge any debt to HSBC and they have failed to provide me with relevant documentation when requested and have now committed a criminal offence and any alleged agreements cannot be enforced.

 

I am advising you of this now because all HSBC entries must be removed as Trading Standards, the OFT and the Police have all been instructed to investigate the situation.

 

As HSBC have now committed a criminal offence, and you have been notified about it, I would strongly advise Experian cease from processing that particular data immediately. Otherwise this could be construed that you are willingly partaking in criminal activity.

 

Please advise me that the data has been removed.

 

Thank you

[ClintMccutcheon]

Id like to see the reply to that one....

[un1boy]

Well Clint, you will, as soon I get one!

 

I was just so tired of replying to each point he was making as it was all waffle - I should of say though, when he said that charges and defaults were often unrelated, that he was obviously detached from the industry becasue most people with defualts had most of the balance in penalty charges....ie 600pound of my 700pound defaulted balance from hsbc was penalty charges!

[sycostill]

well natwest have finally removed my defaults after a month after court claim, and experian have confirmed. i am now a free man. how are you getting on?

[un1boy]

Oh syco mate, I'm not getting on too well - jsut waiting on experina;s reply.

 

HSBC are in criminal default for 2 accounts but will not remove my data and I'm stuck at how I can get them to remove it....you mentioned court proceedings in another thread, but do you have idea about POC's?

 

Also, congrats on the win!!!

[sycostill]

errm not sure on POC's just have to try and find a similiar case and use theirs, but edited to fit your case.

 

just state the facts. in breach of so and so etc. criminal default seeking compensation and the removal of data blah blah blah certain acts etc etc.

[un1boy]

ok, cheers mate -will keep you posted on Experian's reply...

[lookinforinfo]

Uniboy, here is a copy of how the Court advise on completing a POC. I admit

it does not show what to say if tha tis the problem, but it gives you an idea

of what they expect. Bankfodder also has a thread on the forum though it

applies to bank charges.

 

Example of Format for Particulars of Claim Only.

 

IN THE HIGH COURT OF JUSTICE Claim no.__HQ__________________

 

QUEEN’S BENCH DIVISION

 

BETWEEN:

 

 

CLAIMANT(S)’S FULL NAME(S) (numbered)

 

Vs.

 

DEFENDANT(S)’S FULL NAME(S) (numbered)

 

 

PARTICULARS OF CLAIM

 

1. In addition to the information contained in Part 16 and the Part 16 Practice Direction, the following guidelines on preparing a statement of case should be followed;

(1) a statement of case must be as brief and concise as possible,

(2) a statement of case should be set out in separate consecutively numbered paragraphs and sub-paragraphs,

(3) so far as possible each paragraph or sub-paragraph should contain no more than one allegation,

(4) the facts and other matters alleged should be set out as far as reasonably possible in chronological order,

(5) the statement of case should deal with the claim on a point by point basis, to allow a point by point response,

(6) where a party is required to give reasons, the allegation should be stated first and then the reasons listed one by one in separate numbered sub-paragraphs,

(7) a party wishing to advance a positive claim must identify that claim in the statement of case,

(8) any matter which if not stated might take another party by surprise should be stated,

(9) where they will assist, headings, abbreviations and definitions should be used and a glossary annexed; contentious headings, abbreviations, paraphrasing and definitions should not be used and every effort should be made to ensure that they are in a form acceptable to the other parties,

(10) particulars of primary allegations should be stated as particulars and not as primary allegations,

(11) schedules or appendices should be used if this would be helpful, for example where lengthy particulars are necessary, and any response should also be stated in a schedule or appendix,

(12) any lengthy extracts from documents should be placed in a schedule.

 

 

 

 

(2) AND THE CLAIMANT(S) CLAIM:

 

· This should set out exactly what you want for the outcome i.e. damages, delivery up of goods, cost

·

~

~

~

·

 

Statement of Truth

*(I believe)(The Claimant believes) that the facts stated in these particulars of claim are true.

*I am duly authorised by the claimant to sign this statement.

Full name ______________________________________________________________________________

Name of claimant’s solicitor’s firm __________________________________________________________

 

 

Signed_________________________________________________________________________________

 

Position or office held (if signing on behalf of firm or company)____________________________________

*(Claimant)(Litigation friend)(Claimant’s solicitors)

*Delete as appropriate.

 

1. You may continue your paragraphs on additional numbered pages without any headings.

2. We refer to this section as the “Prayer”. It is a bullet point summary of what remedies you wish the court to award you. What you state may affect what issue fee you will need to pay.

 

(Please seek legal advice in regards to the contents of your particulars of claim; this form is strictly to provide an idea for formatting your particulars).