UK26 -V- Experian Limited

[UK26]

Thought this would be of interest to members of this forum.

I issued a claim against Experian Limited for removal of disputed data from my credit file.

They have refused to remove the data at my request so a claim was issued in Peterborough County Court.

I have many documents to scan which will take an hour or two. However, I will have them all up asap.

Any feedback would be welcomed and any help with my statement of case would be appreciated.

[UK26]

Edited October 14, 2008 by UK26

[reallymadwoman]

I think that your Particulars of Claim should have set out exactly which bits of data are disputed and why, e.g.

 

'Credit file dated xx/xx/xx states that an amount of £xx.xx is owed to XXX. No such amount is owed to XXX because ......'

[UK26]

I was going to set all this out in my Statement of Case

[UK26]

Exhibit AJM 3 - 11 Pages

Same as Defence of the Defendnat

See Above

Edited October 14, 2008 by UK26

[reallymadwoman]

I may be wrong (I haven't actually tested this myself, yet!) but I think the facts need to go in the particulars of claim. My current case is not quite the same as yours as it's against a creditor rather than a CRA, but this is the particulars of claim that I used http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102134-reallymad-hsbc-7.html#post1562603

based on various things nicked from around the site. I couldn't actually find anything very similar to my situation, but I did use the same format as other particulars of claim.

[UK26]

Here is what i have come up with so far. Any input would be of help?

 

1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998.

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject.

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report.

4. It’s admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct.

 

The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

 

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998, to place a default or continue to allow a default to be published where a legitimate dispute exists.

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

Credit Report – Date Obtained 20/09/08 – Exhibit CR2

Disputed Default Entries

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

Entry Number C3 - HFO Services Limited (Exhibit 2)

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

Entry Number C8 – Capquest (Exhibit 5)

Disputed Address Links

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data beyond the 6-year period. (Exhibit 6)

[UK26]

My Statement of Case

 

[UK26]

What are your views on the above?

[reallymadwoman]

I'm having a look at the moment and will post my views, for what they're worth, as soon as I can.

[Sparkie1723]

Mr Mills is saying one of the reasons your "claim" should be struck out is because you havent stated what compensation you are claiming...I would argue that you have/are not claiming compensation at this moment in time, you are asking for an order to be made... not claiming damages....these will be claimed on the successful making of the order..... as this will support your claim for damages....and is why they are attempting to block you getting that order. They are worried mate.

 

 

sparkie

Edited October 15, 2008 by Sparkie1723

[reallymadwoman]

Here is what i have come up with so far. Any input would be of help?

 

 

Quote:

1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998. quote the specific section

 

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject. again quote the specific section

 

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report. specifically, which data? say which lender and which specific bit of their information you are disputing - just found the list at the bottom, but I think it needs to go here

 

4. It’ is admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct. The defendant contacted the claimant on xx/xx/xx stating that ..... (if applicable)

The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

 

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998 quote the sections, to place a default or continue to allow a default to be published where a legitimate dispute exists.

 

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

 

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

 

Credit Report – Date Obtained 20/09/08 – Exhibit CR2

 

 

Disputed Default Entries

 

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

 

Entry Number C3 - HFO Services Limited(Exhibit 2)

 

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

 

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

 

Entry Number C8 – Capquest (Exhibit 5)

 

 

 

Disputed Address Links

 

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data again I think you need to specify exactly which bits and how old they are beyond the 6-year period. (Exhibit 6) also you may want to say that 6 years is normal industry practice

[reallymadwoman]

My Statement of Case

 

1. Do you have evidence of the damage caused, e.g. letters turning you down for a bank account or rented accomodation? If so, refer to them in paragraph 4 and list them as exhibits.

2. Read through the quote from the information commissioner and tidy it up.

3. I'm not sure you should mention the costs angle, but I really don't know about that one so definitely check with someone else.

[Sparkie1723]

Taken from the legal guidance given by the ICO...section 2.5

 

The credit reference agency was a data user under the 1984 Act ,and is a data controller under the 1998 Act.

[Sparkie1723]

Kpohraror v The Woolwich.

The Master in Chambers awarded £5,550 with interest as general damages for the injury to the plaintiffs credit.

The Court of appeal upheld that decision, but on a different ground, that even a person who is not a “trader” can recover without proof of special damage, substantial damage for injury to his credit worthiness

Under English Law “damage” generally refers to any kind of harm which is discernible and can be valued in money terms. Increased cost of credit is certainly a good example.

You do not have to prove actual monetary loss under the DPA

sparkie

[mcuth]

I'd watch the old their/there thing - noticed it in Para 6 as I skimmed the document...

 

Cheers

Michael

[Sparkie1723]

You may wish to insert this somewhere in your ammended documents

 

sparkie

 

The legal guidance given by the Information Commissioners Office in regard to the interpretation of the Fourth Principle, ...."Data Controllers must now take further than reasonable steps to ensure that the data they are processing is accurate true and correct, these steps will depend on the circumstances of each case "......"the legitimate interests of a data subject over ride those of a data controller."

[humbleman]

We must win this at any cost.

[UK26]

Thanks for all the input guys

[UK26]

right, only have a couple of weeks max now to get this all sorted.

 

What else should i put in my statement of case?

[Sparkie1723]

Have a look at this site Article 8 of the Human Convention on Human Rights and data protection.

Look at having the "Right" to have it corrected, under this Convention law.http://www.dataprotection.ie/documents/trainingandawarenes/DPHumanRights.ppt

 

6 clicks on viewer screen

 

sparkie

Edited October 17, 2008 by Sparkie1723

[spark1]

UK26

 

any updates, Im on the ball aswell now, just sent them a letter

 

Spark

[UK26]

No update as yet

[banker_rhymes_with]

Hello UK26!

 

Might be a good idea to PM as many people as you can.

 

I've only just fallen over this Thread by accident, but am now lurking in the background and will jump in to help any way I can.

 

Best of luck with it.

 

Cheers,

BRW

[UK26]

just finishing off my statement of case at the moment and need to get it sent off by next week.

 

Hope it all goes well