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    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
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Remove GAIN Information from credit File


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Your first step is to write to MBNA and inform them that the information is incorrect and how it is incorrect. They should then correct the information on your credit file. If they don't let us know and we can explore some possibilities.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Oh forgot, give them a timescale to respond in. I would suggest 21 days.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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21 days is too long - it suggests you are in no particular hurry to change your file. Give them no more than 14 days to fully comply.

 

You should also write to the credit agencies as they are obliged to carry correct information.

 

If they don't, or more importantly won't, then contact the Infor,ation Commissioner. He has the power to order them to comply.

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Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.

 

I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the DPA they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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As DJDave states the 21 days is the timescale laid down by the Data Protection Act. Frustrating as it is you have to appear reasonable.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well you need to quantify damage and distress. Can you do this?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I think I can and I have just been talking to Rebecca at Experian who took responsiblity for causing me distress and alarm by holding inaccurate data, you the board is my witness so I am now going to serve Experian a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that they conform to my demand for a change in the manner in which they hold and process subject data about me.

any comments will be apprecited.

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Re timescales, I'd actually agree with Rory. I appreciate it could be frustrating having to wait, but 21 days is the timescale laid down by the Data Protection Act for correcting incorrect data.

 

I would make your request more formal, in the form of a Data Subject Notice requiring them to recitify your data. Under the Data Protection Act they legally cannot ignore this: they either have to comply or state their reasons for non-compliance.

 

Dave, are you referring here to the Sat S10/12 Notice and if so, would this need to be modified to suit the circumstance?

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Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Subscribing, but can anyone explain what GAIN stands for?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Gone Away Information Network - basically a register of bad debtors who have "done a runner".

 

Which is why the OP doesn't want to be on it.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thanks DJ, I've been at the same address for 20 years, so it didn't apply to me and hadn't come across it before.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

 

Would it be appropriate if one had written asking for information on a GAIN entry to find out why it appeared on your file in the first place rather than going straight in and demanding its removal by a stat Notice?

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Pretty much. Processing such incorrect data would, in my view, be likely to cause damage or distress. Therefore you're well within your right to use the Data Protection Act to force the data controller to rectify such data.

 

As for claiming compensation, you'd have to demonstrate that such processing caused actual damage - eg having to pay a higher interest rate on a loan.

 

Hmmm, was just thinking about this: if Tom Brennan can't win damages what hope have the rest of us? :-o

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The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The two are completely different matters paintball. This has nothing to do with penalty charges and whether or not they are legal and being compensated for them effecting your ability to gain credit. This is about clearly incorrect information being entered on the OP's credit file.

 

Er, yes Rory I realise that it's nothing to do with penalty charges (doh! :rolleyes: ) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of interest say on a mortgage (as I myself have!). :o

 

Please point me in the direction of a post/thread that would illustrate where an individual has managed to claim damages as a result of the above. If this has happened I will happily pursue such a claim myself ...:)

 

Many thanks ...

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Er, yes Rory I realise that it's nothing to do with penalty charges (doh! :rolleyes: ) but the claim for damages is about the impact of the incorrect data ie affecting one's creditworthiness, paying higher rates of interest say on a mortgage (as I myself have!). :o

 

Please point me in the direction of a post/thread that would illustrate where an individual has managed to claim damages as a result of the above. If this has happened I will happily pursue such a claim myself ...:)

 

Many thanks ...

this is a thread I have been reviewing with great interest but unable to get more details of the POC .....

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/22995-vodafone-default-removal-distress.html?highlight=Vodafone+WON

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this is a thread I have been reviewing with great interest but unable to get more details of the POC .....

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/22995-vodafone-default-removal-distress.html?highlight=Vodafone+WON

 

OK Jononi, here's a link to a very useful thread I've been following: Defaults - background, removal methods, challenges and taking a claim to Court

 

See the section on POC which offers alternative options to suit a particluar circumstance. Dayglo's re-wording can been added at the end and, hey presto, you can file your N1 for £30 and include the amount you feel appropriate in damages .... BUT ...

I shall do some more reserch on this into the wee small hours and get back to you. :p

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  • 3 weeks later...
Jononi, how are you getting on with this?

 

Thank you very much for asking.

 

MBNA replied stating that there are no agreement in place, so I contacted the OFT and waiting for them to advice me further.

I am looking for a solicitor to instruct to remove this information and make a claim for me for damages and distress.

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