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

[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

[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?

[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?

[UK26]

No update as yet

[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

[UK26]

Hi

 

Still working on the case, just an idea i need to run passed you guys.

 

Can i do a witness statement to support why my claim should be heard and not be struck out? or is it best to simply send in the statement of caese??

[UK26]

Hi, spark1 civil procedure rules state, where a lay representative conducts a case on behalf of the claimant or defendant that the lay representative can only do so in the presents of the claimant or defendant and cannot do so if they are absent.

[UK26]

[update]

 

Has you may know, I took court action against Experian Limited for publishing incorrect data.

 

Andrew Mills applied to the court to have my case struck out and be awarded over £700 of costs.

 

Today was an application hearing to have the case struck out

 

Andrew Mills and I both attended court

 

 

 

Hearing lasted for 1.5 hours in total

 

 

Outcome was, Application to have my case struck out was dismissed, and the judge ordered Case Allocation Questioner to be sent to claimant to be completed and returned.

 

 

 

Andrew Mills invited me after the hearing for a quick chat.

 

He as now agreed to go back to the banks and question the data again, but also ask to see proof.

Andrew Mills, wanted me to suspend my case, pending there investigation into my disputes. I advised Andrew Mills, that I would only allow this, if they remove the data now or block it from being seen by other lenders. He denied this, so AQs will be filed with the court.

Edited November 6, 2008 by UK26

[UK26]

that would be interesting

[UK26]

Thanks guys for your support, Mr Mills ant a happy bloke lol

 

I'm looking forward to the trial and watching Experian try there best to wiggle out of this lol

[UK26]

Hi

 

How would i apply for Summary Judgment?

 

Excellent.

 

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

 

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.

[UK26]

Maybe, if i win my case with the help of you guys, it will be a big lession for them and they may then stop doing the stuff they do and keep fobbing of people.

 

MR Mills, said to me yesterday, that they dont do suchj thing, I said there are alot of pis*se* off people, he said, alot of the time people complain about nothing just to try and get information deleted.

 

He claims, in the last 10 years, i am the only one so far who has managed to get a case listed for a hearing. so he is worried

[UK26]

Also, the judge said there defence was very weak. Mr Mills said to the Judge, Sorry, he dont want to waste the courts time

[UK26]

Can someone give me all the info, i need to put in a N244 to apply for a summary judgement?

[UK26]

Thanks for the continued posts guys, all this helps with my case

[UK26]

[update]

[UK26]

The Allocation Questionnaire gives hint that this case will go fast track

 

N150 been given to me to complete and not the normal N149

 

 

Need your help guys, i would like to make it really hard for experain

 

any suggestions on completing this AQ?

 

Proposed directions?

Which track do you consider is most suitable for your claim?

Edited November 14, 2008 by UK26

[UK26]

[update]

 

Just sent the below email to Mr Mills

 

Dear Mr Mills

I now draw your attention to Section 42 and 45 of http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

Unless you can confirm to me, the defaults in question have been removed within the next 24 hours, I will be filing an application at court for summary judgement against Experian.

 

Please also note, I have received the Allocation questionnaire from Peterborough County Court. The fee required to send this to the court is £200.00 and I will ask all my legal costs in obtaining judgement to be awarded on top of any compensation.

 

I await your response.

 

UK26

 

[UK26]

AQ