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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Remove GAIN Information from credit File

jononi-exchange

By jononi-exchange
in General Debt Issues

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rory32

rory32

Posted
Posted

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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rory32

rory32

Posted
Posted

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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NailPost

NailPost

Posted
Posted

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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djdave

djdave

Posted
Posted

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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rory32

rory32

Posted
Posted

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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rory32

rory32

Posted
Posted

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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jononi-exchange

jononi-exchange

Posted
  • Author
Posted

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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Paintball

Paintball

Posted
Posted
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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djdave

djdave

Posted
Posted

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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Docman

Docman

Posted
Posted

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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djdave

djdave

Posted
Posted

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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Docman

Docman

Posted
Posted

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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Paintball

Paintball

Posted
Posted
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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Paintball

Paintball

Posted
Posted
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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rory32

rory32

Posted
Posted

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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Paintball

Paintball

Posted
Posted
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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jononi-exchange

jononi-exchange

Posted
  • Author
Posted
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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Paintball

Paintball

Posted
Posted
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-exchange

jononi-exchange

Posted
  • Author
Posted
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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