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BRIGADIER2JCS

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Everything posted by BRIGADIER2JCS

  1. It is I believe Reasonable to start with a slightly higher claim than the reasonable amount that would be acceptable to you in the eye of Judge. As Iv'e said be reasonable be polite show that you are trying to settle with out recourse to litigation,await responses, then negotiate reasonably. It as after this process you can realistically refer to the fact that you WILL escalate the matter by court action. Do not fall into the ways of the DCA's with I Might, I May or could it shows up the possibility of weaknesses in your case. Good luck. You can PM me if you need further help. Brig.
  2. To add a rider. The above can also relate to any of us in litigation if you show that you have attempted in all reasonableness to rectify the dispute before resort to litigation the merit of your case is strengthened.
  3. As promised Iv'e gone a little further and have been advised further and have been advised that:- The whole premiss of English Civil Law is of THAT WHICH WOULD SEEM TO BE WITHOUT DOUBT REASONABLE. Originally it was seen as what ''The Man In The Street Would DEEM Reasonable'' Thus if a statement is made and is specific in its term and no riders or caveats are made then that statement should stand in its own right. The statement we have '' SEARCHES UNDERTAKEN IN CONNECTION WITH CREDIT APPLICATIONS'' IS EXPLICIT. Taken with the later statement (Table 2) ''Searches Undertaken For Purposes Other Than Credit Applications and Have No no impact ON A Credit Decision'' Would Imply that Table 1 does have such an impact. Thus DCa's posting searches on Table 1 with the complicity of the CRA is unreasonable and inappropriate. One could reasonably form an opinion that such searches if in quantity and frequency may give rise to the supposition of vexatiousness. I can find no current evidence of this thesis being tried in law. the above is formed from advice and research of my own, there may be other interpretations of this matter. The Brig. 07/10/10
  4. As bove the terms used are explicit and used on a document term STATUTORY CREDIT REPORT my colleague a QC believes a judge would accept that it incontrovertible!!
  5. This is exactly the type of wording that the DCA's would expect you to comply without query if such a sentence appeared i any agreement. I am currently seeking firm opinion on this but so far have been told as we have all been saying DCA' DO NOT GIVE CREDIT THEREFORE ENTRIES BY THEM ON TABLE1 are at the very least inappropriate.
  6. I would start on the high side But it'seems the average is about £100.00 per search on Table 1 but don't forget to add in the costs of pursuing them, and as joint data controllers you can go for the CRA as well. I would start at A minimum overall claim for compensation and cost depending on how many searches were done. say £1000.00 overall. I f you have any proof of financial loss caused then it's a big leaver,start by ''politely'' giving your reasons for compensation and wait for the response if unfavourable then escalate your claim.
  7. No need to worry about LCS Solicitors they ceased to ''practice'' on 02/06/2010 but have still been sending out letters bearing the name of R D Marr as principal solicitor he is no practicing I have this confirmed in writing by The Solicitors Regulation Authority and they and 1st Crud are being investigated. I f you have any letters from LCS after 02/06 send a complaint to The OFT as soon as possible.
  8. This problem with CRA's is very serious the posting of searches in Table 1 of the report on an Equifax report can have horrendous repercussions on your your credit status, as Huggy's Boss says. You can help by sending a complaint with all the paperwork to your own MP. I have produced a comprehensive report for mine and he is taking it up, but MP's can only deal with complaints from their own constituents so the more it is brought to the notice of Parliament the better if you need any help with this let me know.
  9. Ruthbridge have a reputation for making threats of all sorts of horrendous action over statute barred debts, they will usually back down if you do a CCA request. Never phone them the Emmanuel Amissah tends to use a lot of alias's such as Jason Evans who seem to be head of every department as required. I don' think there is a lot of proof they have ever carried out their threats.
  10. Hi, I have just had a call from my MPs office about the CRA's and Table 1 searches, this is now being taken up seriously. So please if anyone else has got the information/complaint please send it to your MP as soon as possible, as MPs can only fully take up matters on behalf of their own constituents. We may well get a very good result from this!!
  11. Hi back for a few minutes after op this morning. Just had an e-mail from the Solicitors Regulation Authority regarding LCS Solicitors it reads: '' I can confirm that LCS Solicitors ceased to practice on 2nd. June 2010 as they have no more solicitors to work for them. The only solicitor listed as having previously worked for them was Mr. David Davies who is now a former soliicitor. R D. Marr ''Principal Solicitor'' is in the same category The Serious Fraud Information Bureau has been informed as have the OFT.
  12. It is not unknown for signatures to be lifted from documents!!!!!!!!!!!!!!
  13. You can always counter the copying of your signature on to other documents simply typing a line of x's in a different font colour ad sign over it. xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx
  14. This might be better in the main debt form to get further advice from the fount of knowledge on here.
  15. Welcome, It would be sensible to do a CCA request for this as it started before 2007. Use template letter provided here. £1.00 postal order is needed for the fee, do not sign the po and send all recorded delivey. They have 12days + 2 to respond if they can't provide a CCA or ask for more time use the account in dispute letter from the library.
  16. I too have had compensation from A DCA for table 1 searches their compliance manager stated that such searches are inappropriate!
  17. Even ignorance requires some sort of brain I'll be bugxxxrd if I can any signs of active cell in DCa's & CRA's, so I think we may have a problem!! Brig.
  18. Hi Huggy, I have written a legal argument for the ICO about the wording used by the CRA's on the search headers Eqiufax's statements are contradictory as to who can or cannot see Table 1 searches. Experians searches are definately safer and if a DCA searches they are not viewable. The most important point I believe is the STATEMENT ''SEARCHES UNDERTAKEN IN CONNECTION WITH CREDIT APPLICATIONS'' If there is a search for any other reason than a credit application it is inappropriate and misleading data and the company should be liable for any after effects etc. caused by the placing of such a search. Any thoughts on that very welcome. Brig.
  19. RE LCS Solicitors 1st Crud seem to have dropped Judge & Priestley in favour o f their in house muppets. I have tried to confirm the status of LCS's Principal Solicitor R. D.Marr but SRA & Law Society searches find no record. They it seems going down the lines of Brian Carter type of litigation.
  20. To add a little more to the saga just had a letter from ICO ref: letter I sent 13/09/10. The interesting bit is : ''In view of the information provided, we have transferred your cases (MH,Lowell, Equifax) to a specialist team in our Complaints Resolution Division, this team deals with case that require more detailed consideration.The companies have 80 days to comply with the ICO's questions and findings. Get your complaints in Huggys Boss & Sillygirl1 Brig
  21. Unfortunately Equifax are a hard nut to crack,but try a letter to Janice Rudd giving the details of your complaint,I ve just been through this an got a garbled explanation, but refusing compo, although it's from a Kathryn Keogh Customer relations manager. So I written again pointing out the damage done etc, and sent it RD as a letter before action. Equifax a nightmare to talk to I some times wonder if the call centre is in Bombay not Bradford, they insist on putting on to some superannuated school boy calleg a line manager. Congrats on the cheque. KEEP FIGHTING>all info sent RD to MP 0900 TODAY. bRIG
  22. Thanks Martin, it's only on debt collection sub forum. Brig
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