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EXPERIAN... The final battle commences


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As Directors are responsible for the actions of their employees (Company Law and under the data protection Act) it would be quite right that you could sue Richard Fiddis the managing director personally in the County Court ;):D...I will be thinking about that when I take action against Experian.

 

sparkie

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Hay, if Experian can publish incorrect data, We can right?

 

the girl next door said this report is true. Honest, she said so

 

 

THE

ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE COMPANY

CONCERNED AND I HAVE NOW CONTACTED THE GIRL NEXT DOOR. CARE

SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS

THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED.

 

County Court Judgement - Experian

 

Count Summary 8 CCJs

Unsettled Amount Summary £16159

 

Date- Amount Type Case Ref Court

05/07/2007 £509 Judgment 7BF01527 BRENTFORD

08/07/2007 £205 Judgment JPF01254 Southport

11/08/2007 £1254 Judgment 8TJ14584 Northampton

25/11/2007 £2547 Judgment KCT14574 Kettering

02/12/2007 £4758 Judgment BP145215 Bromford

05/05/2008 £2145 Judgment BRO14524 Bromford

25/06/2008 £2587 Judgment SO142512 Southend

14/09/2008 £2154 Judgment SO142541 Southend

 

Dear Mr A Mills

 

Since your last letter disputing the amount of CCJs on your report, We can confirm, i have written to the GIRL NEXT DOOR.

 

She has confirmed the information is correct. I do not have permission to remove the CCJS without THE GIRL NEXT DOORS, direct permission.

 

I have however, put a notice of correction on your report.

THE

ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE COMPANY

CONCERNED AND I HAVE NOW CONTACTED THE GIRL NEXT DOOR. CARE

SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS

THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED.

 

 

 

This completes my obligations under the Data Protection Act

 

Therefore, it is with Regret, the CCJS will remain on the report

 

 

 

PS.

You know that your Credit Score isn't set in stone. It may have changed since you last checked it which may affect your current credit status. What with the credit crunch biting, it's important to check your credit score regularly. Particularly if you want to apply for a credit card, loan or mortgage.

 

I am very sorry

 

Mr UK26

Credit Report.pdf

Edited by UK26
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Hay chris Mr Mills does read this forum

 

look at an email sent to day from him

 

Quote:

Originally Posted by UK26 (Post 703) viewpost.gif

Looks like Mr Mills is aware of this Topic guys

 

His last and final response received today is in PDF format, which he normally does anyway. But this time. Has put restrictions on the PDF document stopping me from copping its contents or printing it at all.

 

 

 

Just take screenshots - "Prt Sc" button above your insert key on your keyboard.

 

 

From: Mills, Andrew [mailto:Andrew.Mills@uk.experian.com]

Sent: 18 September 2008 15:07

To: dave@***********

Subject: RE: F********-CHS Ref ***************

 

Dear Sir,

 

On reviewing my file, I note that I had inadvertently locked my previous letter to you against printing. Accordingly, I attach a further copy unlocked for printing.

 

Yours faifthfully,

 

Andrew Mills

Head of Intellectual Property & Litigation

Solicitor & European Trademark Attorney

Experian | Landmark House | Experian Way | Nottingham | NG80 1ZZ | United Kingdom |

T: +44 (0) 115 828 6425 | M: +44 (0) 7854 116 179 | F: +44(0)115 828 6342 | andrew.mills@uk.experian.com

 

This e-mail has come from Experian, the only business to have been twice named the UK's 'Business of the Year’

===================================================================================

Information in this e-mail and any attachments is confidential, and may not be copied or used by anyone other than the addressee, nor disclosed to any third party without our permission. There is no intention to create any legally binding contract or other binding commitment through the use of this electronic communication unless it is issued in accordance with the Experian Limited standard terms and conditions of purchase or other express written agreement between Experian Limited and the recipient.

Although Experian has taken reasonable steps to ensure that this communication and any attachments are free from computer virus, you are advised to take your own steps to ensure that they are actually virus free.

Companies Act information:

Registered name: Experian Limited

Registered office: Talbot House, Talbot Street, Nottingham NG80 1TH

Place of registration: England and Wales

Registered number: 653331

 

 

 

 

I sent a reply to this email, trying one last time to settle the dispute, his reply was.

 

 

 

 

 

From: Mills, Andrew [mailto:Andrew.Mills@uk.experian.com]

Sent: 18 September 2008 16:45

To: Dave********

Subject: RE: FN***-CHS Ref *********

 

Dear Sir,

 

Thank you for your email. As you have now decided to issue proceedings I will await the papers from the Court.

 

Yours faifthfully,

 

Andrew Mills

Head of Intellectual Property & Litigation

Solicitor & European Trademark Attorney

Experian | Landmark House | Experian Way | Nottingham | NG80 1ZZ | United Kingdom |

T: +44 (0) 115 828 6425 | M: +44 (0) 7854 116 179 | F: +44(0)115 828 6342 | andrew.mills@uk.experian.com

This e-mail has come from Experian, the only business to have been twice named the UK's 'Business of the Year’

===================================================================================

Information in this e-mail and any attachments is confidential, and may not be copied or used by anyone other than the addressee, nor disclosed to any third party without our permission. There is no intention to create any legally binding contract or other binding commitment through the use of this electronic communication unless it is issued in accordance with the Experian Limited standard terms and conditions of purchase or other express written agreement between Experian Limited and the recipient.

Although Experian has taken reasonable steps to ensure that this communication and any attachments are free from computer virus, you are advised to take your own steps to ensure that they are actually virus free.

Companies Act information:

Registered name: Experian Limited

Registered office: Talbot House, Talbot Street, Nottingham NG80 1TH

Place of registration: England and Wales

Registered number: 653331

 

Edited by UK26
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The DCAs and banks do so why not the CRAs...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I can tell you that from a Lawyer's perspective, who has read this thread (not me by the way), Experian are going to struggle with this case.

 

Just have the bottle to see it through and they are going to have a very difficult time.

 

I predict if you see it through, they will try and settle before court.

 

Watching with great interest!!!

 

P.S.

I would say good luck, but I don't think luck is required in this case.

 

:)

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thanks for the comments, wonder if they will come to court or instruct a local solicitor to act?

 

 

I can tell you that from a Lawyer's perspective, who has read this thread (not me by the way), Experian are going to struggle with this case.

 

Just have the bottle to see it through and they are going to have a very difficult time.

 

I predict if you see it through, they will try and settle before court.

 

Watching with great interest!!!

 

P.S.

I would say good luck, but I don't think luck is required in this case.

 

:)

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thanks for the comments, wonder if they will come to court or instruct a local solicitor to act?

 

Think they may bring the big guns out UK. Weren't profits were down last year & this year is not looking good for the financial institutions so they can't afford to risk a judgment against them on this one or it will open the flood gates & what value their credit files then?

 

Bring it on....;)

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Could some please explain to me what it means on Experian credit report what it means why it say:

 

P1 - the information next to it I know what that relates to

 

----------------------------------------------------------

P2 however I am not sure because under my name and address it say

OPT OUT

Search by my Local Borough Council

Application type UNRECORDED ENQUIRY

 

------------------------------------------------------------------

P3 I know what that is about as I applied to an account on line

------------------------------------------------------------------

I am baffled by the OPT OUT UNRECORDED ONE BY THE COUNCIL.:evil:

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Hi allwood,

 

Not seen one of those before either. Have you recently put yourself on the electoral role and opted out of the unrestricted role that they sell to companies (including DCAs)?

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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Hi Newborn, I have always been on the electoral registered and my name has always been on the edited version of the register, but ironically, only last week I completed the Electoral form from the council...and I wrote to them advising that I did not want to appear on the edited version of the register.

I was not aware that the council sold our data on and you have to asked them not by taking your name of the edited version of the registered.:eek:

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this is really bugging me....I feel a DCA at work here. I will contact the council to see if they will tell me why their name on my credit report under OPT OUT... I did not know that a search would be done under OPT OUT. If they will not tell them I will send an SAR to them. :cool:

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Regarding Experians CCJ, Is it me or did anyone else notice the list of campanies associated with one of the directors, Mr Mark Pepper?

I best not list them all but so far ive counted 33! and then it says "plus others"

Majority of them to do with home shopping and GUS.

 

Good luck with the case!!!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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This is fascinating.

 

Post 688 where UK26 posts the response from experian, section headed "The Account Sharing Data: CAIS"

 

"All individuals referred to in its data files supplied to experian will have given consent to the processing and sharing of data with other members (where consent is necessary)......."

Now my understanding of the DPA is that we can give consent, and we can withdraw consent. If we withdraw consent for the offending companies to share our information, whether contractual, implied, or explicit consent, then surely they can't put it on the credit reference agencies?

 

Does anyone know where consent would not be necessary?

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Now my understanding of the Data Protection Act is that we can give consent, and we can withdraw consent. If we withdraw consent .. .. .. ..

 

That's a good point Studley96. As has already been stated in this thread, I believe, the data belongs to the data subject and not to either the CRA nor (as they falsely claim) to the reporting financial institution.

 

This point is even more relevant in cases where the financial institution has failed to satisfy a CCA request for an original agreement. It is usually a term of a credit agreement that the lender can 'share' your information - but if they can't produce an agreement .. how can they prove they have permission to pass on information (or even to store it themselves)?

 

I'm sure it's a very valid argument, but, of course, the problem is enforcement. In theory it should be a simple matter of reporting them to the ICO, but unfortunately the only practical method of enforcement would be through the court system. Either way, a lot of time, effort, and even more time!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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That's a good point Studley96. As has already been stated in this thread, I believe, the data belongs to the data subject and not to either the CRA nor (as they falsely claim) to the reporting financial institution.

 

This point is even more relevant in cases where the financial institution has failed to satisfy a CCA request for an original agreement. It is usually a term of a credit agreement that the lender can 'share' your information - but if they can't produce an agreement .. how can they prove they have permission to pass on information (or even to store it themselves)?

 

I'm sure it's a very valid argument, but, of course, the problem is enforcement. In theory it should be a simple matter of reporting them to the Information Commissioners Office, but unfortunately the only practical method of enforcement would be through the court system. Either way, a lot of time, effort, and even more time!

 

Hi Guys

 

Sorry to nip in.

 

I've made 2 complaints to the IC & not heard a dickie-bird from them.

Is this the norm?

 

Also I want to start cleaning up my credit files - what is the best way of accessing them online (ideally for free:wink:)?

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