un1boy vs Experian - Default removal

[un1boy]

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).

 

Cheers mate.....

[un1boy]

Ok, so here is their respons:

 

Thank you for your e-mails received 31 January and 10 February 2007.

 

I have again contacted HSBC directly regarding this matter on your behalf. They have again confirmed that the details we hold are accurate and have requested that we retain the information on our database.

 

We have clarified our position in connection with your ongoing dispute and I am sorry if this has not resulted in these entries being removed from your report. As we can only amend or delete information at the request of the companies concerned I would suggest that if you wish to pursue this matter that you take this up with them.

 

Alternatively, you may wish to take up this matter with our regulator, the Information Commissioner. The contact details you may require are as follows:

 

The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK9 5AF

 

Having queried the accuracy of the entries that you wished to dispute, we have fulfilled our legal obligations and complied with your rights under Section 159 of the Consumer Credit Act 1974 and the Data Protection Act 1998. In view of this we will not be answering any further correspondence from you in connection with this matter.

 

Any other queries that you may have about your report will be dealt with in accordance with Section 159 of the Consumer Credit Act 1974.

 

Yours sincerely

 

 

Mr L J Hancock

Consumer Compliance Executive

Directors' Office

 

I'm so fed up with this.....I have reported the information to TS and will forward details of these emails to them. I have tried all I can to settle this without getting TS involved, but I am so bored now.

 

I am going to tell the ICO too, can't hurt can it?

 

I am also drafting up a letter to th Chief Constable of my police area to report the criminal offences by HSBC and Experian, so this should be fun!!

[un1boy]

I am going to reply by saying:

 

I am surprised at that you have now decided to willingly partake in criminal activity. Your behaviour has been reported to Trading Standarda, the Police and the ICO. They are all investigating the situation and will bring criminal procedings against you where necessary.

 

I am also drafting up court particulars in order to take action against you in the civil courts, which will be in addition to any criminal action against you, in order to recover damages at the discretion of the courts.

 

I am sorry that the situation has come to this, however I have spent months trying to make you take responsibility for your actions and information you process.

 

Please forward me the address of your relevant legal department whom the court summons should be sent too.

 

What do you reckon?

[sycostill]

bar a few spelling issues, it should do the trick. try and remain calm and take a 'proper' approach, don't be angry or threaten as they will use it against you.

i would file your court claims for them, complain to OFT, TS, FSA, FO and watchdog! being on tv helps! lol.

 

good luck and fingers crossed.

 

*subscribed and eagelry awaiting more!*

[Guest willowb]

Hi Uniboy, are you definately going ahead with a claim against Experian?

 

Wxxx

[un1boy]

bar a few spelling issues, it should do the trick. try and remain calm and take a 'proper' approach, don't be angry or threaten as they will use it against you.

i would file your court claims for them, complain to OFT, TS, FSA, FO and watchdog! being on tv helps! lol.

 

good luck and fingers crossed.

 

*subscribed and eagelry awaiting more!*

 

Cheers Syco.....

 

I have remianed calm, and I think the sentence where I say that I am sorry it has come to this shows that.

 

I am currently putting together the complaint letter to the relevant bodies you mention - when complete, I will post for you guys to check!!

[un1boy]

Hi Uniboy, are you definately going ahead with a claim against Experian?

 

Wxxx

 

 

Hi Willow,

 

I want to get everything togehter first - POCs, argumetns etc but yes, as soon as I have everythiing sorted and feel more confident, I will definitely be suing them!!

 

JuSt hope everyone sticks around to help!!

[Guest willowb]

Hi Uni,

 

After all this time on the forum and from everything that I've learnt here, I can honestly say that I don't think that a Judge would find against Experian on this. Wether that be right or wrong makes no difference, this goes much further and much deeper into the politics of the 'financial world'. If a Judge found in your favour and ordered that Experian did not have the right to process your data after you had contested it's accuracy, where would that leave the system? It would leave it wide open to claims.

 

Would a Judge side with you? you've got to really ask yourself wether or not you think your case has enough merit. Think of the barristers they'd hire, would you be able to hold your own? I would guess that they would hire the best on this Uni.

 

What about costs? Have you read dayglo's thread lately. I just fear that with such a high profile case the Judge may move it to fast or multi track and where would that leave you?

 

I don't mean to dampen spirits but over the past few weeks I have come across people who have lost in Court (erc and limitation cases) and have had to pay costs of up to £7,500. So you see, I just would like to know that your eyes are fully open.

 

Wxxx

[un1boy]

Thanks Willow, I haven't had a chance to read Dayglo's thread lately to be honest.

 

I am going after them because I hav advised them that one lender has commited an offence under sec 78 of the CCA, and therefore, so are they by still processing the details.....

 

we will see what happens.

 

I'll keep you posted!

[Guest willowb]

But what I'm saying is that if the Judge decides that your argument has no merit and that you shouldn't have brought the case to Court then it's possible he could award costs to the Defence (I'm pretty sure that's right). I just want you to know what may happen before you 'go for it'. Also, don't forget that if you do file a claim and decide to 'pull out' up until allocation of that claim you are liable for the defence's costs again.

 

I am 100% behind you whatever you decude to do, I think that you are right in your claim, but that doesn't always cut it with a Judge!!!

 

Wxxx

[Shozie]

Thanks Willow, I haven't had a chance to read Dayglo's thread lately to be honest.

 

I am going after them because I hav advised them that one lender has commited an offence under sec 78 of the CCA, and therefore, so are they by still processing the details.....

 

we will see what happens.

 

I'll keep you posted!

 

 

Just want to say im wishing you all the best m8 whatever you decide to do. these people take the p*ss and like you said its criminal

 

what a landmark it would be if you won...

 

Shozie

[Guest ian cognito]

Un1boy, finally got a reply from the ICO regarding the right of CRA's to take the word of companies over individuals, this was regarding current disputed info so not quite the same as your case but they do seem to be saying that the CRA's are not responsible - but the companies, have a read and see what you think, Willow may have a point.

 

13 February 2007

Case Reference Number ENQ0145185

Dear

Thank you for your email enquiry received 17 December 2006. Please accept our sincere apologies for the late reply owing to the large volume of correspondence we are currently receiving.

In your enquiry you ask the Information Commissioner’s Office (ICO) to “confirm that in the case of a dispute, the rights of a company should be taken over those of an individual and, should this be the case, please confirm the statute under which this rule applies”.

We are not aware of any statutory requirement that favours the rights of a company over those of an individual. Moreover, it is our experience that this is not the case in practice.

From the information provided, I can only infer that you believe a default registered by Vodafone on your credit file is inaccurate but the credit reference agency (CRA) in question will not amend or remove this default.

As an impartial third party, a CRA can make enquiries of credit lenders on behalf of borrowers and can add a “notice of dispute” to a borrower’s credit file where requested. However, whilst a CRA records information provided by credit lenders, it is important to understand that a CRA is in no position to determine whether that information is accurate in the event of a dispute between the credit lender and a borrower.

Nonetheless, it is worth noting that the ICO administers the Data Protection Act 1998 (DPA) which requires that organisations comply with the Eight Principles of good information handling in respect of personal data. In particular, the Fourth Data Protection Principle requires that personal data is accurate and, where necessary, kept up to date.

If you have evidence that Vodafone has or is processing inaccurate information, you can ask the ICO to assess the matter. More information on how to make a complaint can be found on our website (www.ico.gov.uk).

I hope this information is helpful. If you have any further questions, please do not hesitate to contact our Helpline on 0845 6306060 (or 01625 545745 if you would prefer to call a ‘national rate’ number).

Yours sincerely

Steven Rook

Casework and Advice Officer

 

If Experian get something similar from them to take to court, you may have a problem.

[un1boy]

Thanks for all ur worries, I will definitely discuss this and read up on it all but my contention is simple: If you asked me to buy an I-Pod which you told me was stolen, and I bought it, I am in poseesion of stolen property.....so, surely, I have notified the CRA's that the informaiton is being processed illegally yet they continue to process it, so therfore they are indulging in criminal activity.

 

Although, I have actually today reported the wole situation to the Chief Cosntable of my area's police force and explained the CRA situ as well, so i will be interesting to see what happens there too.....I might just leave it wiht them, rather than taking civil action as well!!

[lookinforinfo]

Janquinny, I applaud your questioning of the ICO on this matter.

Their response appears to fly in the face of both the CCA and the Consumer

Credit [credit reference agencies ] Regulations in which both state that

individuals can write to CRAS and ask them to amend, alter or erase data.

There is no mention in the Act that they have to consult with their clients,

and it therefore hardly seems impartial that their decision always refers us

back to their client, regardless of the seriousness of the claim made by the

individual. It seems inequitable that it is the CRA that is making our data

available to its other members [though I accept they are acting on instructions-not that it did the Nazis any favours as a defence] yet getting

away scot free without apparently being responsibe for the processing

that may well be libellous. This cannot be right.

 

By the same token, as the CRA is in no position to determine the accuracy

of data they are processing, in apparent breach of the Fourth Data Protection

Principle, surely to avoid possibly libellous information being made available

to its clients, a more sensible approach would be to remove the offending

data until their client provides proof that they are correct.

[lookinforinfo]

Uniboy, I would personally not go down your route just yet. I understand

what you are saying, and it would be a Newspaper editors dream were they

able to get away with such flagrant disregard for the libel laws for instance

as CRAs appear to do.

 

However that puerile letter to Janquinny is very similar in attitude to an

article I read recently [also by the ICO where they seemed to confirm that

no culpability should reflect on CRAs for reporting the misreporting of their

clients.

 

In addition, because of the vagueness of the possible compensation that you

could expect even assuming you won, counter balanced against your possible

losses, perhaps you should leave this one for Don Quixote. Complain to the

ICO by all means-but realise they are pretty busy at the moment and it may well be a fortnight at least before you could expect to see any action.

[Guest ian cognito]

By the same token, as the CRA is in no position to determine the accuracy of data they are processing, in apparent breach of the Fourth Data Protection Principle, surely to avoid possibly libellous information being made available to its clients, a more sensible approach would be to remove the offending data until their client provides proof that they are correct.

 

This is exactly the point I raised in my query to them (unfortunately sent it through their website so don't have a copy), didn't get me anywhere tho'!

 

My query was sent 19th December, reply recieved yesterday so wouldn't hold your breath for a reply.

[lookinforinfo]

Uniboy, you might like to take a look at this case involving CRAs. Perhaps the

claimants lost because their history was so bad that it outweighed the

libel that had occurred. It's the only one I can find for now.

Smith & Anor v Experian Ltd & Ors [1999] EWCA Civ 1877 (16 July 1999)

[un1boy]

Uniboy, you might like to take a look at this case involving CRAs. Perhaps the

claimants lost because their history was so bad that it outweighed the

libel that had occurred. It's the only one I can find for now.

Smith & Anor v Experian Ltd & Ors [1999] EWCA Civ 1877 (16 July 1999)

 

Hi Lookin,

 

I've read through this and I don't think it is that relevant to my case...I am stating that Experian are processing defamatory data as the agreement I have been sent is unenforcable and the original lender has commmited a criminal offence.

 

The claimants in this case were disputing the wording used on their files.

 

My credit history isn't that bad either: it's only these 2 defaults, one of which shouldn't be on there because the agreement is unenforcable, and the other, they haven't proved they sent the default notices....which experian are aware of......

 

I've got my other case to concentrate on and the re-take of my exam so I will spend time on this, but it will be a slower process than I would have liked.

 

would appreciate everyone's views about this.....

[countrybake]

excellent thread uniboy but how has it all progresed.

yours CB

[Tobes]

Have you tried to get a mortgage?

[un1boy]

Have you tried to get a mortgage?

 

Not yet - I've changed the POC to include "competitive" I'm a mortgage adviser and I know I will have massive fees and rates to pay.

[un1boy]

OK, so here is their reply:

 

As previously advised, if a consumer disputes information on their report we query this with the data provider, as we have in your case. The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body.

 

I note your intention to raise a claim against Experian and we will refer the matter to our legal representatives once in receipt of this.

 

We believe that your threat of legal action is without merit. Consequently, if you do choose to issue proceedings we will instruct our solicitors to apply to strike out your case and we will seek to reclaim the costs incurred in doing so.

 

I therefore recommend that you review your legal position prior to proceeding with your claim. You may wish to consult with our regulator, the Information Commissioner's Office, in order to obtain an unbiased opinion.

 

If you have any further queries, please feel free to contact me directly either by e-mail at [email protected], by telephone on 0115 9055453 or by writing to me at the following address:

 

Directors' Office, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

 

Yours sincerely

 

I'll get back to you all soon...

[hondamad21]

seems like a standered bog off letter.

 

Was the reply by a Mr L Hancock ??

[un1boy]

Was the reply by a Mr L Hancock ??

 

Yup!!!

 

Are they allowed to threaten you if you tell them you want to take legal action?

[LeeS80]

I'm not sure if they are allowed to threaten you, maybe they have taken offence to something you've written (unlikely, but you know how dumb they can be!)

 

Has your creditor point blank refused to remove the default?