Default - Court Claim - Help Required

[100mel]

I'm trying to get a default marker removed by Sainsbury's Bank despite settlement on penalty charges etc. I have been through all routes recommended - Subject Access Request, LBA's as no documentation has EVER been produced I now need to issue a court order which specifically deals with this. This default marker is causing me serious problems in applying for business credit - it is the only default and has never been proved after 2.5 years of correspondence

 

I am appealing for someone who can help me me draft Claim Particulars or at least cast a legal eye over them to check that I've got every I need in terms of detail. I need to get this right as it is going to cost me £155 to file. However, I've tried everything else and I believe this is now the only option

Can I also do a complaint to ICO at same time as court?

 

So asking for help - maybe from one of the mods out there?

 

Mel

[car2403]

Hi Mel,

 

Is this a business default or a personal one?

 

You say you've completed all the routes recommended, but what are they? Have you challenged the default under the CCA 1974? I'd say the Data Protection Act would be your second line of attack after the CCA first?

 

You can complain to the Financial Ombudsman Service and the Information Commissioners Office, but usually only after you've taken some informal steps first - if you can post more info about what you've done over the last 2.5 years (eek -) we may be able to help.

 

Note: most people on here aren't legally qualified, but we've seen this process over and over again - if you want proper legal advice, I'd suggest you employ a lawyer?

[100mel]

Very briefly - long battle with Sainsbury's personal credit card and their debt collectors Blair Oliver Scott - same company. Took them to FOS as a result of their late supply of original agreement - they have failed to pay the FOS award. Took them to court over penalty charges and removal of default. They credited charges back to account but have failed to remove default and judge said he couldn't rule on that and in that claim I did not include enough detail on the default issue.I have issued many requests for the default notice under CCA - never supplied at any point. I have now settled the account and am putting a 30 day statutory notice on them to stop processing my data. However, Sainsbury's Bank ignore all correspondence and all authorities (they ignored bailiff's warrant) so I've come to the conclusion that the only way to deal with this is via a very specific non monetary court order under CCA which also claims compensation for my failure to get credit which I can prove. What I was hoping for was that someone would cast an eye over my particulars of claim as these things have a habit of failing on small details. I had hoped that someone else on the forum etc might have gone through similar process

lawyers - in my experience - expensive and useless. People on this forum seem to know far far more

[Azazal23]

yeah post them, i ll post mine also you can compare them