Just an idea here. Might need Mr SurlyBonds to have a look as I am only a third through my contracts book. If A is an independant salesman. and B is a financial organisation, either a bank or a building society. You buy a product from B which was professionally recommended by A. Now A gets paid a certain amount from B in the form of commission or a fee. For this fee to be paid there must, I assume, exist some sort of contractual agreement between A and B. If this is true, then is A classed as a third party to B? And therefore is B dies/liquidates/dissappears, could A be held legally responsible for B's advice? I may be wrong but I must be on the right lines....? This is in regards to a Financial Advisor who provided information on an Endowment policy who has gone into liquidation... NEO

Ouch! Just had a letter back from the Birmingham County Court saying I missed the title of the claimant on the claim form, i.e. Mr. How pedantic. Redone and reposted today. PLEASE REMEMBER YOUR TITLE PEOPLE LOL!

It really depends when you took your Student loan agreement out. the newer loans (when it changed over to the new style (1998 I think?)) are not covered by the CCA (and are called non domestic loans I think)). basically before a certain year yes you can, and after no you can't. It will be very hard to prove, I expect, that as you have taken the loan, spent it, paid some of it back maybe that you haven't admitted owing the money. I would just pay what you owe back minus penalty charges they have charged you...

Post here before you sign anything and once you sign and send it, make sure you delete the post...

Very true.... If you put a small monetary value on your claim then it will be the same costs as our original bank claims through Moneyclaim. I put costs down for £200 and the claim cost me £30... http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/33497-neo-next-directory-limited-new-post.html

After 3 rounds of letters asking Next to remove a default lodged for £160 back in 2002, I have decided to issue an N1. The debt was settled a week after it was sent to a Debt collection Agency. I have only just found out they have defaulted me a number of months ago when getting a copy of my credit record. They have been unable to provide either a credit agreement or a default notice. Although they did offer to send me a template copy. Anyway, my particulars of claim (thanks to SurlyBonds the majority of it) which has been sent to the court today, with a cheque for £30; The Claimant had a contract with the defendant since 01/02/2001 in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract. The contract was terminated by the defendant sometime in 2002. During this period the defendant filed a default against the claimant at the Claimant's previous address of '[put your previous address in here if you have moved]' At no time did the Claimant grant permission, either expressly or implied, for the defendant to abritrarily extend that permission to store, process or disclose any personal data beyond the cessation date of the contract. It is the Claimant's contention that the defendant's perceived right to abritrarily choose to extend the length of that contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999). The defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimant's contention that the defendant is in breach of both the contract itself and the Data Protection Act 1998, by the defendant's continued disclosure of personal data. The claimant has tried to reach an amicable solution with the defendant without involving the court with no success. Therefore, the Claimant is also claiming costs of £200 due to research, costs, time taken and effort in bringing the case to court."

VERY VERY WELL DONE.. Please please please can we see your particulars (of claim)? Neo

"Equifax Europe limited was formerly known as Westcot Data Limited" - the previous name sounds like a very nice debt collection company I once had just a few nasty dealings with... Please tell me they are not related?? I know SB has quite a liking for Westcot

Yes - good post, maybe it could go as a sticky?

If we can get a standard particulars of claim sorted as a Sticky maybe i think this number would rise a lot! Also maybe a section where we can record when we have issued an N1 then we could keep track? Is it also worth banging them through one court? I assume this could be done and then when allocated properly, we could choose the court if need be?

Is there any chance you could let us (or me) see your particulars of claim, im totally stuck on what to write...!

Thanks for your reply. But If the lender is happy for it to be on the minimum length (ie no more fraudulent activitity taken place) why can no one give us a definitive answer? Is it one year exactly or what? One of your agent's told me 13 months? Your company does not do itself any favours if I am honest and if you were more transparent and made correcting mistakes much easier.

Agreed... I am sorry if I have worried anyone, that wasn't my intention. But it has proved a good point as Daylgo has pointed out and that I was trying to get at earlier. It is imperative you read and reread any correspondence you send out which is pulled from a template. You need to understand it ideally.. Notty, don't worry, it won't affect you, but like Dayglo said it could look unprofessional and is and things like that are an instant giveaway that is a template letter.. No worries though

If people are to use the above letter, I would urge the following: 1) Please do read through the letter and make sure you understand it before you send it. 2) Remember to amend the "As a highly-educated company secretary for a major PLC" section as Surlybonds has already mentioned in a previous post. Failure to do the above could cause you problems. A great letter, but just make sure you understand what you are doing before jumping in the deep end...

JamesJ, Just a quick question which should be very easy.. How long does it take for CIFAS information to be removed? I have an entry, which I totally disagree with but hey I have only just found out about it.. My entry is for some material falsehoods, it was put on by HSBC on 09/09/2005. My understanding is, assuming there is no more "fraudulent activity" it would removed 1 year after the date. Your website states this also. When i called one of your customer relations guys, he said it was 13 months and the website was wrong... any ideas why there is no set amount of time...? Thanks Neo

Sorry Elsinore, yes, i was just clarifying...

I always thought it was a true, signed copy....?

Thank you un1boy! Gran Canaria for ten Whole days.. heaven! Work has kept me away from holidays for so long i can;t remember hat its like outside the UK! Yes the DCA's have a problem on their hands now and it's up to us to claim all the moeny we have paid them back. If only they had kept those Default Notices they sent out... Actually, i mean if only they had sent them out in the first place!!

It took one letter and a reminder for them to do it afeter thy had agreed. Just keep hassling them. Just had 2 more removed by intrum Justitia as they could not provide a default notice, OR a deeds of assignment. These were debts bought from Intelligetn Finance. After my holiday, I will be starting a new thread as I am going after them for the money i paid them - sums up to around £10k! (And yes, I refreshed my credit record online and they have gone!)

On point 2, you are also (albeit verbally) giving them position to search your records and that isn't their right, it is their privilege, which you have giving them consent in doing. Every search means pounds for the CRA's. My main issue is, that Experian et al, reckon to abide by all these (imaginary) laws, acts, statutes (none exist) but why when we query them, do they not investigate fully (ie ask for default notices, etc.)? The reason being is that the lender is their customer and their main source of income! They annoy the lender and they could potentially lose their custom. With regards to the 'score' they create, I think that would be classed as an 'automated process' based on the information they hold. Therefore, this is an automated decision tool which is not acceptable and our rights under the Data Protection Act allows us to put a stop to that, will they? Do they? I don't know. We need to stop this happening. I have, for a long time had strong opinions that there should not be multiple credit reference agencies. There should only be one. What is the point in having different information held by different CRA's? They should not be making a profit either. Why can we not have a government run/overlooked CRA, with strict rules in place. We are at a dead end at the moment and any DCA/Lender can stick a default against us at, literally, a touch of a button. Things need to change - and only we can do it...

It was yes. Apparently defaulted (never got jack with regards to a Default Notice) I settled with their DCA...

Yes, and their confirmation that the data is correct bullsh1t involves a letter/email sent to the provider asking "s it correct.." when they reply saying "Yes, it is correct". Then It has to be Correct. Sorry Little man down there, but O2 told us that the default of £1600 is still correct and it will stay there for 6 years (approximately 12% of my remaining life). Thanks for checking Experian. And to say that my O2 account has been settled years ago, they can't produce a CCA and nor can they produce a Default notice. The worst thing is they can't even adopt the fob offs that Nawest are using.. ( will come to this in a moment) by sending me a 'template' copy. Oh how i chuckle... Letters in the post to O2. Now NatWest.... After requesting copies of my CCA and Default Notice, i received in the post a letter with the usual garbage and a paragraph "but I have managed to get some template copies for you" and what was enclosed... An "Ulster Bank" template copy of a Default Notice, and A [Can't remember the bank name - not Natwest!] copy of a post default letter. I did write to Natwest bank didn't I?

I thing bexsy64 is talking about he banks interest rate changes all the time. ie One month the unauthorised overdraft interest rate might be 16.9% and then 6 months later they send you an amendment to their terms and conditions stating the unauthorised interest rate will be 19.6%... Unfortunately I haven't looked at the spreadhseet yet so don't know is the answer....

Surlybonds - GENIUS. Valdez is Coming - IN A NUT SHELL I think I can smell sh1t. Maybe James'

Megain, BBMs? I think you can ask them, but they will use a mixture of both results and in my experience they will rely on their internal scoring more so... I tried PM'ing you about your interest calculation post but there was no option!