Jump to content


  • Tweets

  • Posts

    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

1ST Central Car Insurance Default Notice and Threat County Courts help


babs71

Recommended Posts

I'm very sorry – and with the best will in the world, these large solid blocks of text are extremely difficult for people to read.
I have a feeling that you wrote these up in some word processing program and then copied and then pasted straight into the forum thread.

Please can you go through them and introduce proper spacing – and in fact I would suggest that paragraph numbers so that each point is spaced and identified and it will be easier for us to go through and understand.
When you eventually bring a claim you will have to do this anyway

Link to post
Share on other sites

Broadly yes.

You really need to break it down. Spaced and bullet pointed – and numbered paragraphs would be best.

Why do you show to somebody else who doesn't know what is going on and see how easy they find it is to read through what you have posted.

 

Link to post
Share on other sites

okay how does this first paragraph look to you

 

How it has affected you in practical terms such as credit etc

·      I have been affected due to the Default Notice being put on my credit score having implications on my mortgage options

·      I first became aware that there was a Default Notice in January this year and that it had been there since July 2021

·      I started looking into mortgage options with my mortgage advisor, who told me to check my credit score as this will affect the likelihood on whether I will be accepted for one

·      When I checked it to my utmost surprise my credit score was very poor; this didn’t make any sense as I have never missed payments on anything

·      Checking in more detail it flagged that 1st Central had put a Default Notice against my credit for the £479 in July 2021

·      This was before the investigation was completed in October 2021 and also while the ‘debt’ was meant to be on hold till the investigation was complete

·      The debt was placed on hold in April 2021 to complete the investigation, but this was ignored by 1st Central Debt Collection and their collection agencies who had to be reminded several times to stop

·      Not only was I harassed from April 2021 until now for money I did not owe, but also my credit score was negatively affected by 1st Centrals inability to process my information correctly by logging a Default Notice while the investigation was ongoing and had been told to hold on.

·      The Default Notice has now impacted me as based on my mortgage advisor’s evaluation of the effect of the Default Notice he has said “The default on your credit file will cause you issues on getting a mortgage as this will mean higher interest rates and higher monthly payments. Also, as you are looking to buy with just a 5% deposit this will significantly reduce the lenders available to you.”

·      Based on this, due to the Default Notice, I am at risk of even being able to get a mortgage and even if a lender will lend to me, it will be at a significantly higher interest rate, all because 1st Central had failed to process my data correctly and Defaulted me with credit agencies for a sum of money they are not due. [Attached is the email from my mortgage advisor]

Link to post
Share on other sites

Well I haven't read through it yet but I'm sure you must agree that the whole thing looks much more accessible and more manageable. Don't you agree?

Numbered paragraphs I think would be the next thing and then if you use that format for the rest and that will be very helpful.

You were extremely thorough in producing the earlier stuff – the tabulated list of events. Even if you can't use the same structure, you should use the same kind of methodology and analytical explanation.

I'm not sure why you didn't keep that up because the previous structure/methodology was excellent and very easy to understand.

Especially if you are dyslexic I would have thought that solid blocks of text will be much more difficult for you to access – and it certainly is anyway, for us and in particular for anybody who reads this thread and uses a small screen such as a telephone.

Please have your reader in mind when you are presenting information. That way you probably won't go wrong

Link to post
Share on other sites

Hi there has been another development about the Default Notices on my credit file

Late Friday night I contacted Experian and told them I disputed the notice on my file placed there by 1st Central

They have dealt directly with 1st Central and are going to manually remove the default notice on my file

The amount is going to be changed from £479 to £104

I have not had any communications from 1st Central regarding the removal of the default or the change of amount to cancel the original car insurance policy

Will this change on my credit file leave any action against 1st Central for the use of my data?

 

On Friday night Subject Ref:  - RE:Data Query Notice of Correction (NOC)

On Monday I received the email below from Experian

Quote

Hi xxx,

Thanks for raising your concern about 1st Central Insurance Ltd. default dated 15/07/2021 This is something we take very seriously.

The information on your report is owned by the company and it's up to them if we can change it or not. It may take up to 28 days for us to respond as they have to review their information and reply to us. If there’s a delay, we will chase them for you.

The following statement will be added to your report in the next 7 days:

“The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

This statement won’t affect your credit score. Under current legislation, lenders are legally obliged to read a Notice of Dispute when looking at your credit report. However, they do not need to take this into consideration.

Just to let you know, I’m going to be sending you a short survey about how likely you would be to recommend Experian’s products and services, as well as my service today. A score of 0 means you wouldn’t be at all likely to recommend Experian a 9 or 10 means you’d be highly likely to. I’d be very grateful if you could fill that out for me😊.

If you have any more questions, please let me know or visit our website at https://www.experian.co.uk/consumer/help-discover/ where you can find lots of useful information.

Kind regards,

Vishal
Customer Support Centre
Experian

 

Today I received the email below from Experian

Quote

 

Your Experian Data Query - Manual Amend
Experian <[email protected]>  09:21 (5 hours ago)

Case #.....

Experian 001 Support Portal
Experian Logo
Customer Support Centre
PO Box 9000
Nottingham
NG80 7WP
United Kingdom
www.experian.co.uk
Dear .....

Your Reference: ......

I'm writing in relation to your recent query with 1st Central Insurance Ltd, regarding the account started on 22/10/2020.

I'm pleased to confirm I'm amending this information to show as the late payment markers & default marker have been removed and the account balance has been amended to £104 in your Experian Credit Report. and removing the Notice of Dispute from the entry.

Within the next seven days, you'll be able to see these changes by checking an up to date copy of your Experian Credit Report. Alternatively, I'd be happy to send you a letter which shows the change. Just let me know if you'd like me to do this for you.

Kind regards,

Experian Ltd

 

 

Link to post
Share on other sites

Thanks. Please stand by for a reply later on but probably tomorrow

Also we will still need a list or statement of the full impact this has had upon you in all areas that I have indicated

Link to post
Share on other sites

thanks, Bankfodder,

my statement and impact were the big blocks of information I previously loaded,

I have taken on board what you said about the previous way the information had been set out, this was my mum's handy work 😊,

I will get her to look at what I have uploaded and see if she can break it down better for the upload for you to see how I have been impacted and affected by the handling of my data by 1st Central

 

I will look to get this re-loaded tomorrow for to see.

Link to post
Share on other sites

First of all, the corrections that Experian has put in place will not affect your right to take an action for the data processing breach.

It may ameliorate things for them that it won't affect the fact that they have been in breach and it has impacted you very seriously.

Yes please, we need all of the information presented in an accessible form.

Well spaced, numbered point by point paragraphs.

Once again, bear in mind it's not only for us or for the people who visit this thread. It is also something which is going to help your perspective of what has happened and particularly it is going to be helpful to a court if that's where it goes.

Judges can be very helpful but also they are very busy and they don't want to have to do do the kind of spadework that you should have done for them.

If you put this to a firm of solicitors and they charge you £300 an hour – they would be happy to do it for you and bill you. On the other hand if you want to the safety hundred pounds an hour he'd be happy to do it for yourself so let's go.

Link to post
Share on other sites

Also, you should reply to the message you have received and tell them that you do want a letter. Also ask them if the amendment has been because first central have instructed it or is this simply part of the Experian process.

Also tell Experian that you want a full subject access request. Point out to them that this is not simply a credit reference request. You want a full subject access request. Use our template and tell them that the subject access request is contained in the template which you have attached/enclosed with your message

Also, they say that there is £104 outstanding. What is this about?

Link to post
Share on other sites

Hi Bankfodder.

 

  • I have emailed Experian and asked for the letter from them

 

  • I have also asked the questions about the amendment being 1st Central or them

 

  • I have also made the SAR request with them

 

  • I also asked what the £104  outstanding balance is

 

  • when I first saw £104 I assumed that this was the corrected cancelation fee for canceling my car insurance policy back on the 19/03/21 when I sold the car

 

  • at the time of canceling the alleged incident was being investigated and they quoted £479 to cancel the policy because of this allegation, I refused to pay that as I knew I was innocent of the charges

 

Link to post
Share on other sites

Hi I have gotten some help with this spacing and putting together how 1st Centrl has impacted me and my family in terms of distress/stress, distress for my family, financial impact, and my dyslexia

 

COSTS

- The situation has been ongoing since April 2021 until the present day.

 

- The costs incurred include:

  - Time: Dealing with this issue has consumed a significant amount of time.

 

  - Mental health: Being a young adult struggling with money, the constant harassment from multiple debt collectors has taken a toll on my mental well-being.

 

  - Potential loss of a home: Unfairly placed default notices on credit reports could prevent obtaining a mortgage, jeopardizing the opportunity for me and my brother to secure a home.

 

  - Hindered opportunities: The default notice against my name is hindering our ability to obtain a favorable mortgage, delaying our plans to acquire a desired property.

 

- Impact on family:

  - My mother has been repeatedly involved in defending me against debt collectors and supporting me through this ordeal.

 

  - Despite assurances from 1st Central to cease harassment, the debt collectors have persisted, causing distress to my family.

 

- Assertion of innocence: I maintain that I do not owe for an accident I have proven not to be involved in.

 

 

EMOTION & DISTRESS: -

- Since April 2021, I have been under significant distress.

 

- Initially accused of being in an accident I was not involved in, leading to confusion and fear.

 

- Was a student struggling financially at the time.

 

- Sold my car, but was informed by 1st Central on 19/03/2021 that to cancel insurance, I would need to pay £479.

 

- Agreed with 1st Central to put the payment on hold until the investigation concluded.

 

- On 01/04/2021, 1st Central passed the debt to CRS Collections Team, despite the agreement.

 

- Despite informing 1st Central of the harassment and distress caused, the harassment continued.

 

- Data confirmed that 1st Central was aware of the distress caused since 6/4/21.

 

- Debt collection was told to stop by 1st Central but continued harassing the individual.

 

- Threatened with court action regarding the debt, causing further distress.

 

- Harassment extended to the individual's family members, impacting my ability to secure a favorable joint mortgage.

 

DYSLEXIA

- Leverage dyslexia: Use dyslexia as a legitimate reason to emphasize difficulties exacerbated by the insurer's treatment.

 

- Insurer awareness: Express desire for insurers to acknowledge awareness of dyslexia.

 

- Timeline of awareness: Dyslexia noted in the insurer's records since 26/2/21.

 

- Effects of dyslexia on understanding: Difficulty comprehending text passages due to dyslexia.

 

- Harassment impact: Insurer's harassment for money, debt collection threats, and constant communication heightened distress and confusion associated with dyslexia.

 

- Confusion over demands: Dyslexia contributed to confusion over unjustified monetary demands from insurer right from policy cancellation through to and including post-investigation.

 

- Impact on concentration: Dyslexia made it challenging to focus on university work, rugby, and daily tasks amidst harassment.

 

- Switching off: Overwhelmed by harassment, tendency to disengage due to dyslexia, negatively affecting livelihood and academic performance.

 

- Difficulty reading text: Dyslexia compounded confusion over harassment emails, letters, and calls.

 

- Credit score impact: Dyslexia exacerbated confusion and stress upon discovering default on credit score, leading to sleepless nights and heightened stress symptoms.

 


 

 

Link to post
Share on other sites

below is an email from Experian confirming I should have access to my SAR in 7 days from them

File Applications <[email protected]>
14:36 (14 minutes ago)
to me

Thanks for requesting access to your Experian data - we're just going through your application and information now.

So, what happens next?

 

We'll email you in the next couple of days to let you know we've sent your Passkey in the post, which you should get within seven working days.

 

If you don't get your report or Passkey within seven working days, just let us know at [email protected]  and we'll look into it for you (don't forget to include your name, address and reference number, which we gave you when you signed up to access to your data).

Thanks

The Experian Team

Link to post
Share on other sites

Experian has also now confirmed that they contacted 1st Central on my behalf and that 1st Central confirmed the Defult Notice and late payment were recorded in error, see email details from Experian below: -

Hi xxx,

Thanks for getting in touch. I hope you're well today and appreciate your patience whilst I look into your query.

Credit Report Data

I can confirm that the default status on the 1st Central account started on 22/10/2020 was removed and the balance updated to £104 outstanding on the instruction of 1st Central after we disputed the entry on your behalf with them. This is the exact reply they gave to the dispute we raised:

"I can confirm the late payment and default markers have been recorded in error and can be removed. The policy needed correcting which I have done and there is a balance on the policy of 104.17 Any further markers recorded from today will be correct and will not be amended or removed."
If you need to know more about the balance of £104 you'd need to contact 1st Central about this directly to ask them. Their contact details are:

1ST CENTRAL INSURANCE LTD : GEMINI HOUSE, MILL GREEN BUSINESS ESTATE, MILL GREEN ROAD, HAYWARDS HEATH, RH16 1XQ

Link to post
Share on other sites

it is worth mentioning that as of today I have still not had any communication from 1st Central regarding the removal of the Default Notice from my credit report or that I now have a balance due of £104 in place of their removed error arrears of £479

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...