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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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nutter192

Father's details on my Experian Credit file

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Hi

 

I recently checked my credit file with Experian as I was thinking of going for a mortgage. I have discovered that there are several accounts that are my father's on my credit file despite the fact that we are not financially linked.

 

Having spent 25 minutes with Natwest who were absolutely useless at first, someone has sent me a link for a complaint form.

 

I was unsure whether I can claim anything for breach of Data Protection Act as I can see all my father's financial information. There are several other accounts as well which are being disputed through Experian.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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have you identified if this is a CRA provider error

or

all the various banks?

 

it unusual for multiple banks to register wrong accounts to one file

i'd bet a Credit file provider is the culprit here not any bank


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Not sure yet.

 

Have disputed with Experian and waiting on various accounts etc. It does seem to be only on my Experian credit report.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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checked noddle and clearscore?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Yes, none of the accounts are showing on there.

 

Wasn't sure if they were completely accurate as I know some freebie CRA reports don't show you everything or is that a myth?

 

Also, can the CRA's remove data from credit files?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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well the accounts are historic ones

they should show on either noddle or clearscore

 

looks to me,

if these are multiple accounts with differing banking groups,

that Experian is your culprit

 

yes they must remove the data immediately!!

if they are at fault.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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The accounts are historic as well as current. It also shows his searches and financial links with others as well as payday loans etc.

 

Would I be able to claim from experian for breach of DPA?

 

Can my father complain about his data being shared without his permission?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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well he needs to complain as well

I will gather you have similar names etc.

 

and you'll need to naildown how long they have been there too

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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we have the same middle name and surname. Is that enough to confuse them? Its showing his name and date of birth etc on my file.

 

Do I complain to Experian with a request for how long they have been on there etc?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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can you get his file too?

this might give a better picture

 

its usually the first initial and surname that confuses them

then they look at middle names and 2+2 make 5 to them.

 

have you not been keeping an eye on your credit file before you found this out recently?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I will try. I had been mainly using clearscore and noddle. I then saw that I could access it through Moneysavingexpert for free hence why I'm now here.

 

checked his experian, his is showing as normal with the accounts. None of my information is showing on there. All is correct on his.

 

Also, I have noticed on his corrections, which he hasn't made any, accounts have been disputed that match the accounts that are on my credit file that shouldn't be.

 

I think there has been some serious mix up here on part of Experian!


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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yep

good

that furthers your cause then.

 

look like this is an Experian Co up to me.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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have emailed experian requesting info e.g. when were the errornous files added etc and what they need to do to rectify the situation.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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I had previously contacted Experian before I wrote my latest complaint letter disputing all the incorrect data. They have just come back to me about a historic gas account with British Gas stating that it is accurate despite the account not being in my name!

 

Fuming doesn't begin to describe it.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Complaint raised via telephone. They are unable to see when the data was mis-matched and they called it.

 

This has had a significant impact on me as I was going for a mortgage within the next month and have to put life on hold till then.

 

Also, I was rejected for a bank account a while back and wonder if the false data was responsible for this. Is there any way to prove that the data was responsible for me not getting the bank account?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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From looking at the data on the report, the earliest mention of my father's details being mixed with mine was an insurance quote in January 2017.


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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Well bit of an update!

 

Went at Experian for a while and got through to someone who knew what they were doing. Luckily it didn't affect my mortgage in a big way because my broker managed to sort it out.

 

My credit file is now clear of erroneous data. It was a mismatch with my dad's details and my date of birth.

 

Got a letter from Experian today just saying 'With regards to previous correspondence, please find a cheque enclosed'. There was a cheque for £200 inside. I asked for compensation for dealing with the matter, but considering how much stress I went through and having read about incorrect details incurring damages of £1000 per entry, is this level of compensation appropriate?


If there are spelling mistakes on my posts, I blame the gremlins tapping my keys. :eek:

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