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Hello everyone.

 

I have adapted the SAR to work for my car insurance claim (similar to bank charges claim's) as by paying monthly insurance deposits you are in fact receiving a loan.

 

I have initiated a court claim in the Bournemouth County Court against Car insurance company for not suppliing me with all the information I asked for in my SAR. I am suing them in the small claims court (as the ICO suggests) for not providing me with the information requested under the DPA 1998 Section 7. I am claiming that the information be released under Section 15(2) of DPA 1998 and as the information is for the 'SPECIAL PURPOSE' of gaining evidence to sue them in court for the liquidated assets/ penalty charges, I am also claiming compensation under Section 13 of the DPA 1998. The court took a while to accept the summonds.

 

The deadline for Car insurance company to acknowledge the claim is 28th September.

 

I will keep you all up to date with every eventuality.

 

I will be using the same process against Black Horse plc, MBNA and Lloyds TSB credit card.

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Hello again.

 

The car insurance company that I have sued in the small claims court did not file an acknowledgement of service within the two week time period given, so I requested judgement to be made. The Court wrote back to me saying that I only paid £30 which would only cover me upto £300 compensation. Also I must give the Court my maximum value that I will accept as compensation and to due so with any additional fees within the next few days and until then any descision will be stayed. So I acted strait away.

 

I payed the Court a further £90 taking my fees upto £120 and set my maximum value to £5000. As this is the small claims Court the maximum you can go for is £5000, any more and the descision would have to goto the higher court which could backfire.

 

So paying £120 covers you for compensation between £1000 and £5000. I will receive a judgement and an ammount the defendant must pay within the next week. I will let you all know how much I will receive.

 

Also here is some additional information to use on your claim form when suing under the Data Protection Act 1998.

 

If the defendant uses your £10 Subject Access Fee to pay off part of what you owe then qote that the £10 Subject Access Fee was the maximum fee value set out in Section 3 of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000.

 

If the defendant does not supply you with part or all the information within the 40 day limit then quote, the defendant has not provided all the information within the 40 day prescribed maximum period set out by Section 7 (10) the Data Protection Act 1998.

 

In my claim I added " The claimant demands the release of the information requested under section 15(2) of the data protection act 1998 and claims compensation under section 13 of the data protection act 1998 at the discretion of the court according to section 60(2a) data protection act 1998.

 

Make sure you pay the £120 fee and not £30 and set your maximum value in the Value section of the N1 claim form to £5000.

 

Hope this helps.

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  • 3 weeks later...

I phoned the court 2 weeks ago to see if a decision had been made and they said it was still in deliberation. I phoned again on the 9th Nov and the woman said they had lost my details and that she would get strait on the case.

 

In the meantime I filled in my Allocation Questioaire for Lloyds and MBNA, both for the Data Protection Act. I paid the £100 fee and set the maximum value to £5000 for each. The defence from Lloyds and MBNA in retalliation to my claims are pathetic. They really have no idea what they are doing. Both gave no evidence, they just disclaimed my claims. The law states if you make a Subject Access Request and declaire the 40 day maximum period, then if the information is NOT given before that time, the person who made the Subject Access Request is legally obliged to receive compensation. The law is the law and there is no way out for Lloyds and MBNA on this.

 

I will continue to add to this thread when I receive more info.

 

Oh, just a little extra on a different matter.

 

Once you have started a liquidated assets claim against your bank, if you then receive letters of consequential threats to make a payment from the banks or their collection agents, then they are breaking the law. They are Perverting the Course of Justice. Send the agents/bank a letter explaining that you are suing their client/them for a portion or whole of the money the collection agent/bank are asking from you and by making these demands they are Perverting the Course of Justice and that you will give them seven days to explain or a claim will be made to the police. I have had lots of letters from many different collection agents and once you send them that reply, you either never hear from them again and get a new agent making demands (falling in the same trap) or they send you a letter stating they want nothing more to do with the banks claim. I have made a claim with the police against SCM (lloyds Solicitors), I have had a reply from the police stating the claim will be dealt with and they will contact me in due course.

 

Hope this helps you all.

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Oh, just a little extra on a different matter.

 

Once you have started a liquidated assets claim against your bank, if you then receive letters of consequential threats to make a payment from the banks or their collection agents, then they are breaking the law. They are Perverting the Course of Justice. Send the agents/bank a letter explaining that you are suing their client/them for a portion or whole of the money the collection agent/bank are asking from you and by making these demands they are Perverting the Course of Justice and that you will give them seven days to explain or a claim will be made to the police. I have had lots of letters from many different collection agents and once you send them that reply, you either never hear from them again and get a new agent making demands (falling in the same trap) or they send you a letter stating they want nothing more to do with the banks claim. I have made a claim with the police against SCM (lloyds Solicitors), I have had a reply from the police stating the claim will be dealt with and they will contact me in due course.

 

Hope this helps you all.

 

That sounds very interesting indeed... perhaps you could start a new thread with a few guidance notes and a template letter? I think this will apply to lots of people! - I'm getting demand letters still, but haven't actually filed court papers yet... all my 'creditors' are in breach of their CCA requests so I'm dealing on that angle at the moment.

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Hello there veryannoyed. Good idea. Here is the template that I use when writing to the collection agencies.

 

Account Number: ????????????????

Your ref: ????????

 

WITHOUT PREJUDICE

 

Dear Sir/Madam,

I have received your letter dated ? November 2006. I am afraid your client has not supplied you with all the information. I am presently suing your client for the money you are demanding from me. You are applying pressure on me to give up my Court claim against ????????? by attempting to appear official and by threatening action. Because the claim is nearing the Court date you are attempting to Pervert the Course of Justice.

 

I cannot imagine you would purposely commit this crime as I believe ???????? have not been forthcoming with all the information. Because of this I am going to give you seven days to explain and make an apology that I will accept, before I make a complaint against you with the police as the Crown Prosecution Service has advised.

 

Yours sincerely

 

 

Yourself

 

This letter has worked a treat. One collections agency sent me three letters on the same day to make sure I knew they had cancelled their claim on behalf of their client. Out of about 12 companies only one has ignored the first letter, I then sent a second telling them that I have made a claim with the police. I sent a letter to the police explaining the situation and supplied details. I will await their reply. I am still waiting for a reply from the economic crime unit from the police headquarters.

 

When I learn more I will start a new thread on this.

 

Also, if you owe a lot of money, here is a link that can allow you legally to pay a small regular ammount off over five years and have the rest of your debt cancelled ligitimatly.

 

:: Individual Voluntary Arrangement (IVA) - Debt Solutions

 

I still haven't have not received anything from the court regarding The DPA compensation. I'm going to phone again on friday. If I get no joy I will be writing a letter to the Court Area Director, (the boss of the court staff).

 

Will make another post as soon as I hear something new.

 

10 cases won 4 by default. Will soon be sending in the baliffs to Lloyds (Black Horse). I will be contacting the media for the extra thrill.

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Sounds like you're having a great time!

 

I've sent everyone a "sod off" letter, and awaiting to see what they do next. With a bit of luck some might just sod off, otherwise I will have to start filing N1's to the creditors and will send out your excellent letter to the DCAs

 

Keep us all posted - would love to send bailiffs into a bank! :D

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Hello,

I got a reply letter from the police on saturday about my Perverting the Course of Justice complaint. When I made the complaint I sent with it, details of what we are all doing and my own personal evidence to support all aspects. The letter from the police is asking me to come in for a formal interview with the fraud unit, to explain the whole aspect of unlawful bank charges, as they are interested in the aspect that the banks and money lenders are committing fraud.

 

Well I have spent all weekend devising a report with my own statement and supporting evidence. We all know that the charges are unlawful and that by the banks giving out the impression that they can legally make these charges, but by the banks sending out their letters of consequential threats unless we pay, then they are committing fraud. Section 16 part 2c. Obtaining a pecuniary advantage by deception.

 

I will await the interview date.

 

If I am successful, if Lloyds Tsb are found guilty, then on conviction on indictment, there is a possible prison sentance upto 5 years. Obviously you cannot put a bank in prison so I imagine there will be a very stiff fine. This is probably why the collection agencies are backing off from the letters I sent. Only one has ignored my letter, so I phoned them to ask why. Check this out. They appologised for the letter and said it was sent by mistake and that they were no longer dealing with the banks claim. Eventually the banks will no longer be able to employ collection agencies because there will be no collection agencies that will want to get involved with buying debts.

 

Also I imagine that once I have had my interview with the police, the police will contact Lloyds. I bet Lloyds will suddenly want to pay up. Well, stuff them. I have my court date so from now to the hearing date I don't have to accept any out of court settlement as that time has passed. They had an extra month by ticking the extra time box on the court allocation questionairre. I'm going all the way.

 

If Lloyds are charged with fraud can you imagine the media frenzy. If they are indicted in court then it leaves open another aspect, that people commit suicide from the stress of the debts. Could the banks be penalised for manslaughter? If so, how many people have died in this way over the years? Could the banks even be indicted for genocide? It leaves many doors open. All that I know is that my allogation of fraud against Lloyds is very strong, especially as there is so much evidence available that the bank charges are unlawful and of course the huge ammount of letters they send out as evidence.

 

Watch this space.

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Got a letter from the court in relation to my data protection act case. It states that the maximum value of £5000 has been accepted, the stay has been removed and the defendant has 7 days to reply to the court.

 

Because I paid £120 the minimum I could receive is £1000. So if the defendant appeals, the judge will then make a decision on the ammount between £1000 and £5000. Because my case is about the defendant purposly lying as well as not providing the information within the 40 day legal limit, then I could be awarded a sum nearer the top end.

 

Five days left for the defendant to reply. Then hopefully one week after I should hear something else.

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I have long held the view that the fact that bank charge fees which they know full well are unlawful must surely by fraud, by any standard definition. How can this possibly be wriggled out of? If, when this whole can of worms was properly opened up a couple of years ago, and particulary following the OFTs ruling, Banks had stopped all the charges, then I suppose they could just about have argued "sorry, we didn't know, honest guv"... but they continue to charge in FULL KNOWLEDGE that what they are doing is unlawful, and therefore can only be fraud and deception?

 

Since they also know that everyones account balance (who is disputing charges) charges is completely wrong, they are then knowingly sending FALSE information to the CRAs - this is defamation, and again, I can't see any way round that? - they know full well the charges are unlawful, therefore they know full well the account balance is wrong, therefore they are knowingly and willingly breaking the very basic principles of the DPA which state quite clearly that information must be correct and up to date.

 

Go for it Germany! - however much they offer you out of court (which I suspect will eventually be lots more than your claim) I, and I'[m sure everyone else here, hope you don't crumble and give in. You appear to have a case you cannot possibly loose, and the ramifications for Lloyds and the Banks as a whole are enourmous (even though it might only be a small claims court judgement, it will be a judgement!)

 

Will be interesting to hear the Police point of view too after your interview...

 

Keep up the good work! - I'm a few weeks behind you in my legal battles, but am looking at bringing a defamation case with regard to banks supplying false info to CRAs

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Hello there.

Sycostill. Yes, you can definitly claim compensation for your money lender not supplying the information within the 40 day prescribed maximum limit set out in Section 7 (10) the Data Protection Act 1998. The process is similar to suing for the charges. It is a small claims case. Underr Section 13 of the DPA 1998, you are legally obliged to claim compensation for any failure to comply with your subject access request or any failure to adhere to the data protection act laws.

 

Send your bank a letter before action as normal. Give them 14 days to reply. Then when they fail to reply or pay up, fill in your N1 small claims form and in the value section write, "Compensation of damages as per S13 Data Protection Act 1998, the maximum value being set to £5000". Then in your particulars of claim state that the defendant did not supply you with part or all the information within the 40 day prescribed maximum period set out by Section 7 (10) the Data Protection Act 1998.

 

By paying the fee of £120 you set the maximum value to £5000, in which the lower limit will be a minimum of £1000. The court will more than likely decide in between this. If you pay £30 fee your maximum limit will be just £300.

 

Make sure you supply copies of the Subject Access Request and any letters with dates from your bank/money lender to prove your case to the judge. If you have recorded delivery slips this will help. Any letter from your bank regarding your information that falls 40 days after the date of your Subject Access Request letter will be fantastic evidence.

 

By paying the £120 fee, when you get the Court Allocation questionaire through you will have to pay another fee of £100 as the ammount you will be claiming will be over £1500. This will raise your minimum value from £1000 to £1500. If you go through with it then it will be a nice little earner for little work But it depends if you have £220 overall to spare for the court fees.

 

I will soon have an ammount awarded to me by the court for one of my Data protection Act cases. I have filed a court allocation questionaire for 2 others. Lloyds and MBNA. The defences for which do not supply any evidence, they just disclaim my claim. I could if I wanted to invlaidate their defences and file for immediate judgement because of this, but I want to cost them as much as possible by prolonging the case's. They do it to us.

 

POWER TO THE PEOPLE.

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Hello there,

 

veryannoyed, the DPA laws can be used for any company or organization that holds information about you. EBay have a [problem] of their own. If you have a monthly direct debit set up with them, then whatever you owe, will be debited from your account. If however you decide to pay your fees within 5 days of the debit going through, eBay will still debit your bank account and will not refund the money or give you credit. I had this problem and when I complained, eBay denied it happened and refused to credit me, despite the fact I received an automated receipt for both the pay pal payment and the direct debit.

 

If you can find eBay’s address, then send them a Subject Access Request and pay the £10 fee. You never know. I can imagine most companies know nothing about the DPA laws and so could fall foul. And it will serve them right if they have tried to screw a customer. I used it in a case I had against a car insurance company, the one in which I am awaiting an award amount from the court.

 

Lloyds have caused me so much grief. I am going to return the pain. Last year, before not knowing anything about the legalities of their charges, like a lot of people I had money problems. I couldn't afford to pay my bills for around 6 weeks. Lloyds on my account and credit card, as well as other money lenders started whacking on their charges and interest which I couldn't keep up with. After 6 months I covered an overall amount of charges that totalled around £2000 and still had further charges to cover of around £2400. I had to sell some of my personal things to keep on top, but I couldn't, they spiralled out of control. I was depressed to say the least and I started to consider bankruptcy or doing a runner. Now that I have been educated, enabling me to stand up for my human wrights, I can honestly say that I am ****ed off to the point that I will spend the rest of my life making those banks and money lenders suffer for the grief and misery they cause.

 

POWER TO THE PEOPLE.

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Hello there sycostill.

 

I have my interview with the police on Thursday 30th. I will let you know what they say. I'm all excited, I can't wait.

 

I got a letter from the court regarding my Lloyds Data Protection Act Case. The court wants me to provide my full claim and evidence to the district judge and Lloyds to provide there full defence and evidence as well. Lloyds have already submitted there defence the the Allocation Questionnaire has gone through, I think the judge has ordered this to be done and within 7 days as Lloyds only disclaimed the case and didn't provide any evidence to support their claim.

 

The date for the defendant in my car insurance DPA case to reply to the letter sent by the court was up yesterday. If I don't hear a verdic on compensation by next week I'm going to phone up.

 

It's all kicking off. Yippee.

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Hello there.

The police were very interested in my claim of fraud against Lloyds, but they needed proof that Lloyds 'knowingly make profit unlawfully'. The evidence I have shows that Lloyds make unlawful charges and have harassed me to pay. The police said because of this they could not prosecute, however the Financial Servises Authority have the power to make both criminal and civil prosecutions and that I should contact them. So I have. (Financial Ombudsman Services, South Quay Plaza, 183 Marsh Wall, London, E14 9SR).

 

After learning what information I need to prove Lloyds knowingly make profit illegally, I went through all my paperwork to see if I could find something. I did find something. On one of many sheets of paper I received with the Subject Access Request, was a line that reads 'THE AMMOUNT OF CHARGES BILLED TO YOUR ACCOUNT AS A PENALTY FOR LATE PAYMENT'. Now on their defence in no less than two places it states that the charges are NOT penalty charges. I don'y know wether this proves that Lloyds knowingly commit fraud, but it does prove that Lloyds are willing to falsify evidence for court. I have provided this evidence with the rest for the FOS. I have also added it to my skeleton arguement for the court.

 

If I have to wait until February for my court case before I have Lloyds prosecuted for fraud, then so be it. The outcome may emphasize the fraud aspect.

 

I will await the Ombudsman reply.

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Hi all!

 

Germany 2006 - VERY INTERESTING THREAD - Actually woke me up on this very rainy and windy morning!lol!

 

Just have a few questions -

 

1.I had a credit card debt - barclaycard sold to a dca and as you are probably aware barclaycard never provided a full S.A.R - (Subject Access Request) of the account etc just the last 2 years.Now the dca with a law firm are persuing me for the debt that includes late payment fees & over limit fees etc.So,I am thinking to go for barclaycard now under the The Data Protection Act - I did not do this before because I could not afford the summons costs.Would this be the correct procedure?

Also,the fact that barclaycard TOTALLY refused to make any refund of these fees plus my offer of token monthly payments were also completely refused.

 

2.Also,send a letter like your template to the dca and lawyer - incidently I have already been asked if the debt is disputed in any way and if not to start paying/proposals of repayment.Your input would be highly appreciated as my scenario is slightly different where I have received some of the info in response to the SAR and the fact that barclaycard also no longer is the creditor due to selling the debt.

 

Of course,arrange meeting with the police taking related evidence etc.

 

On totally unrelated issues,don't forget if you have any missold PPI plans and/or landlord/tenant problems feel free to ask either by posting or sending me a PM as these are my specialities!

 

Many thanks in advance!

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Hello nightmare4banks,

 

Definitly sue barclays for not adhering to the Data Protection Act. If your initial subject access request asked for disclosure of manual interventions as well as all six years of statements (as long as you have had the account with barclays for six years) then as long as your SAR mentioned the 40 day limit, then under the DPA 1998 you are due compensation and you are due the rest of the information. Send a letter before action first, giving barclays 14 days to send your missing info (unless you have already done so) then after the 14 days are up, fill in your N1 small claims form quoting the DPA legal clauses in the value section (Release of information under S15(2) Data Protection Act 1998 and Compensation of damages under S13 Data Protection Act 1998 (set the maximum value inline with whatever you can afford eg, £30 fee = maximum value £300 - £120 fee = £5000. If the maximum value is over £1500 then when you come to fill in the court allocation questionairre you will have to pay a further fee of £100). In the particulars of claim section on the N1 for write 'Please see attachments', then type out your particulars of claim with Claimant name and address and defendant name and address at the top.

 

Particulars of claim,

 

The claimant, ???????, made a Subject Access Request under the Data Protection Act 1998 for disclosure of certain personal information (see attachment A). The defendant only supplied a portion of the information despite reminders. The defendant has not provided all the information within the 40 day prescribed maximum period set out by Section 7 (10) the Data Protection Act 1998.

 

The only information sent by the defendant and received by the claimant was ??????????????. In the Subject Access Request made to the defendant by the claimant a request was made as follows: ‘Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention then please be so kind as to confirm this in your response’. The claimant supplied the request in writing and supplied the prescribed maximum subject access fee set out in section 7 of the Data Protection Act 1998.

 

The claimant believes his?/her? identification was reasonable as the address and account number was provided, the address is the usual address to which the defendant makes contact (sending letters, statements and money). The claimant needs the disclosure of this information as evidence for the special purpose of taking the defendant to court to prove a case against them relating to unlawful penalty charges.

The claimant contends that the defendant has broken the law under section 7 of the Data Protection Act 1998 by withholding the information with the intent to protect themselves from prosecution for an unlawful action they committed against the claimant.

 

The claimant demands the release of the information requested under Section 15(2) of the Data Protection Act 1998 and claims compensation of damages under section 13 of the Data Protection Act 1998.

 

The claimant further claims the court fee of £???.

 

Have you initiated a claim against them for reclaiming the unlawful fees? If not you can still go ahead. The manual interventions help to prove the actual cost of their so called lawful charges but you can sue without it. You will eventually get the information and you will get many chances to supply the court with the info. You only have to give the initial claim to start with, then supply the court with a small amount of proof at the allocation questionairre stage. The court will eventauall ask for a skeleton arguement and ask you to file all the proof to the court and the defendant. It takes 3-4 months to get to that stage.

 

If a dca or law firm are pressurising you to pay, you can use my previous template letter if a claim against the unlawful charges has been initiated. Alternatively you can send them a letter contesting their claim, but they will probably ignore it. If they sue you then the process is similar to sueing them, you'll just be defending yourself. You fill in form N9B defence and counterclaim, invalidating their claim as a portion of the ammount is unlawful fees and that they turned down your offer to make payments (pro rata payments (list of monthly ingoings and out goings (make it up so it appears you have only a few pounds to spare), total up all your mony lenders, work out their percentages out of 100 and then the spare monthly money work out the eqivalent percentages. This is the pro rata ammount available to barcalys. This will prove to court you tried to work something out).

 

Also your dca will only sue you after they have lodged a default. Under Section 10 of the DPA you can request for all information held by barclays or the dca that initiated the default be cancelled from passing on to third parties. This means that barclays or the dca have to remove the default and any credit history from experian etc. If they fail within the 21 day limit you can sue them under the DPA 1998. They can't uphold a court claim against you without a defeault, without explaining the unlawful charges and without a reason for denyiny you to make pro rata offers.

 

We have the power, not the banks.

Hope this helps.

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Hello there.

I don'y know wether this proves that Lloyds knowingly commit fraud, but it does prove that Lloyds are willing to falsify evidence for court.

 

...all very interesting... HSBC (or at the very least their in-house legal department "DG Solicitors") are also willing to falsify evidence for court.

 

Anybody know what the next steps are when you've recieved judgement against you as a result of perjury by a bank's solicitors???

 

(Mods please note, this statement isn't libelous, therefoe I'm not including an "alledgedly"... I have the documents to prove it here on my desk!!)

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Hi all!

 

Germany2006,many thanks for your detailed and highly informative reply.

 

I have a further few questions that need answering after reading the chain of events in my particular case:

 

1.Several months ago,I offered B/card £20 per month and to freeze the interest but B/card insisted on £85 per month with freezing the interest.

By the way,no income/expenditure form was filled in - this is the amount that I felt I could afford and I was paying only £10 to another card company and the interest was also frozen plus the fact the debt was a higher amount!Anyway,B/card "did not want to know" and just kept on piling on the interest causing the debt to increase a further 20% more!

 

2.For the S.A.R - (Subject Access Request),I copied the letter as on this site with the £10 + id(passport) with proof of address.All the information arrived but as other folks have received - the last 2 years account history etc only.I had the card for just around the 6 years.I never persued B/card for the further information or compensation then - as I mentioned in my last post.

 

3.I had several "heated arguments" with B/card over the phone as the charges on the account amount to no less than several hundred pounds but my requests for a refund with compund interest fell on deaf ears.On top of it,their staff had the cheek and nerve so say I was being rude to them!

What do they expect??

 

 

4.Then just over a month ago I received confirmation from B/card and the DCA as I did a CCA request that the debt had been purchased.This was complied with by the DCA after 12 days but before the 42 days lapsed.

However,a copy of the executed agreement - signed by B/card also has never been sent.

 

I feel the best way forward is

 

a.to dispute the balance owed - as this is what the DCA's solicitor has asked me - if I acknowledge that I owe the amount and in parallell start the legal action against B/card regarding the Data Protection breaches as you outlined in your last post.

 

b.Send a copy of your letter regarding the criminal element etc to the DCA and law firm.Also, another letter regarding the default removal issue.

 

c.Sit and wait the time limits as required and see what happens.

 

d.If no joy then,summons and sue!

 

After all that rant - my main questions are:

 

By the way,is there a way of measuring the amount of compensation awarded in these sorts of scenarios? Or a precedent court case?

 

Taking into account what I have outlined above.

 

I cannot remember where I read it but a chap took NatWest?(not 100% sure) to court over an incorrect entry regarding a debt on his credit file - it should have been £400 but was entered as £4000 instead and he was awarded £4000!

 

If I find the details - I will post them here.

 

Anyway,your input would be highly appreciated again.

 

Many thanks in advance.

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