car2403 -v- o2 (& Wescot DCA)(Default removal)

[car2403]

I have had a reply from O2 to the latest letter I sent them with regards the 2nd Account Default - bear in mind they have NEVER replied to the original letter dated 11 August 2007, nor have they EVER replied to the 5 letters that I've sent on this account; (not held by me, but my OH that I'm doing this for)

 

Complaint Review Service

PC Box 116

Leeds

LS1 1 5DS

 

Phone: 0845 3300684

Fax: 01133881153

 

26 November 2007

 

Email: mark.robinson@O2.com

 

Our reference: ******

Mobile phone number: ***** ******

 

Dear car2403

 

Thank you for your recent letter regarding the information we’ve placed on your credit file.

 

[Recent? It's taken you over 15 weeks to reply - now you're saying it was recent?]

 

I’m sorry you didn’t receive a response to your earlier letters. I’ve tried to locate them but I can’t find a record of them on our systems. I’m therefore unable to give you a reason why you’ve not received a reply to them.

 

[Don't bother, Mark, because no replies were EVER sent!]

 

Legally 02 have to load an accurate record of the payment history of an account and having checked the billing record the information loaded on Equifax/Experian is an accurate representation of the payment history for the above phone number.

 

[And where is your "Legal" authority for that, which I did ask you to provide in the letter? How can it be an accurate record when you can't prove that I "agreed" to pay you anything by providing the evidence I've asked for?]

 

Please note that this information will be held on your credit file for six years from the date that the information was added.

 

[And where is your "Legal" authority for that, which I also asked you to provide in the letter?]

 

You may wish to note that section 10 of the Data Protection Act does not apply were the processing is necessary for the performance of a contract to which the data subject is a party. There clearly was a contract being performed when you took service under your airtime contract. This contract required you to pay consideration to us for the services we provided to you. Although we are no longer providing the services your obligation to pay under the contract is outstanding. We therefore have the right, under your airtime contract, to continue to process your personal data.

 

[Which contract is that, Mark, as you have NO evidence of any contract being in existence?]

 

I’ve also included a copy of a letter we received from the Information Commissioners Officer in relation to credit agreements and data sharing.

 

[Excellent, but, sadly, totally irrelevant as this isn't a Credit Agreement - you can see this attachment here;

 

6 November 2006 Credit agreements - Data sharing

 

But, we know this isn't new information, as they used that argument here when I had them on the run as well;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111666-car2403-o2-wescot-dca.html#post1208885]

 

I hope this provides you with the information you require.

 

[Not really - see you in Court, Mr. Robinson!]

 

Yours sincerely

 

 

Mark Robinson

Complaint Review Service

 

Feel free to ring/email him with your disgust, if you feel strongly enough! I won't bother because I'll just use this as evidence in my case and probably blow them away in the process. (The only difference between this claim and the other one, for the same Default removal issue held by me personally, is that this account only has a £9 balance remaining on it - they aren't getting that neither!)

[orfoster]

Hi, Have you heard any more about your claim with O2?

[car2403]

Nope - last day for Acknowledgement of Service is today. I've had nothing from the Court, but they tend to be a few days behind anyway - if I haven't heard anything before Monday, I'll request Judgment by Default on all 4 claims.

[orfoster]

Wow, fingers crossed.

 

I feel that if I do it I won't be so lucky though.

[orfoster]

Reading your Sig, you have 4 claims all against O2?

[car2403]

Yeah - this is a bit confusing;

• 1 x my account with O2, challenging Default recorded
  
• 1 x other halfs account with O2 challenging Default recorded
  
• 2 x Data Protection Act S.A.R - (Subject Access Request) claims for failing to supply within 40 days (now some 65+ days since they received my request) - that's one for each of the 2 accounts above

I probably should have 2 threads, for each Default claim, really - but it's the same issue on both and they are running alongside each other in the same timeframes, so makes sense to keep to one thread, IMO.

 

Wow, fingers crossed.

 

I feel that if I do it I won't be so lucky though.

 

Nah - fortune favours the brave... or something like that...

 

[orfoster]

So.....

 

Come on the suspense is killing me.

[car2403]

God, orfoster, you're more persistant than I am!

 

I'll see if I get AOS in today's post, or I'll request Judgment by Default tomorrow.

[car2403]

Quick update (for orfoster )

 

I've got nothing in the post today, so I'll be filing 4 x Judgment by Default requests with the Court tomorrow

[orfoster]

lol. I will be following this week.

 

I decided at the weekend that I need the default removed.

[pfchute]

subscribing sounds like same process i will have to go through with vodafone

 

Good Luck Car2403

[pfchute]

subscribing looks like same process i might end up going through with Vodafone.

 

Good Luck Car2430

[orfoster]

Hello mate,

 

Just wondered how your claim is going here? I know your busy with your other claims but just wondered if you had heard about the judgement.

[car2403]

Thanks for reminding me orfoster, I nearly missed the 4pm deadline of calling the Court!

 

I've been awarded Judgment by Default on all 4 claims - entered today! So thats 2 x Claims for Default removal totalling £1,065 each and 2 x Claims for Data Protection Act S.A.R - (Subject Access Request) Enforcement totalling £130 each! £2,390 in my favour!

 

I'll be waiting for the orders by post, then asking O2 to pay immediately, as ordered or I'll seek enforcement by bailiff/Debt order - just as I did with Barclays!

 

I have a feeling they will contest these Judgments, but they don't have a leg to stand on as they haven't Defended! It will take some excuse to get the Court to set Judgment aside, IMO, as the Court said they have delibrately waiting a few extra days to allow for the post each way!

 

In a single phrase;

 

I'VE WON!!!

[orfoster]

Wow congratulations!! Well we will wait and see. They may want to contest the judgments but like you say, they will need some excuse! Well they ignored 4 claims, its hardly like they just misplaced one of them!

[car2403]

Judgments received - they are just straightforward "the Defendant must pay the Claimant [the amount owed]"... I'll wait to see what O2 do next, but I suppose I'll have to ask the Court to issue the Data Protection Act enforcement orders I asked for at Paragraph 7 on the SAR enforcement claims and Paragraphs 29 and 31 of the Default removal claims, as they haven't done so yet.

 

Both POC can be found here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111666-car2403-o2-wescot-dca.html#post1237658

[car2403]

Here's a nudge letter I'm sending;

 

I refer to the two County Court Claims recently issued by Morpeth and Berwick County Court.

 

As you have failed to acknowledge the Claims forms in both claims, the Court has entered Judgment by Default at my request. I enclosed copies of Judgment for each Claim sent to you by the Court dated 18 December 2007.

 

As Judgment has now been entered, I now require confirmation from you, within 14 days of the date of receipt of this letter, that you will take such actions sought within the Claims and seek confirmation of such actions in return, namely;

 

 

 

1. That you will, within 14 days of your receipt of this letter, comply under the Judgment relating Claim 7*******, seeking your compliance under the s.7 Data Protection Act Subject Access Request immediately;

“7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request”

 

2. That you will, within 14 days of your receipt of this letter, pay the sum of £130.00 to me immediately under the Judgment relating to Claim 7*******;

“9. Damages and costs within the discretion of the Court.”

 

3. That you will, within 14 days of your receipt of this letter, comply under the Judgment relating Claim 7*******, seeking your compliance under s.14(1) and s.14(3) Data Protection Act, immediately;

“51. Additionally, the claimant requests an order from the Court under s.14(1) and s.14(3) of The Data Protection Act 1998 for the removal of the Default notices and any other prejudicial information from all credit reference agencies;

“14. - (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

14. – (3) Where the court—

(a) makes an order under subsection (1), or

(b) is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate,

it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.””

 

4. That you will, within 14 days of your receipt of this letter, pay the total sum of £1,065.00 to me immediately under the Judgment relating to Claim 7*******;

“49. The Claimant further claims the Court fee of £65.

50. The Claimant therefore claims against the Defendant in the terms outlined in these particulars of claim and seeks;

50.1. Substantial damages from the Defendant to the value of £1,000 for the legal reasons outlined in Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 and Kpohraror v Woolwich Building Society [1996] 4 All ER 119;”

Please note that failure to respond to this letter with details of your unconditional compliance with the Judgments, detailed above, will result in further recourse to the Court informing the Judge of your non-compliance with such Judgment and seeking further Order that you do comply with the Judgments laid down. This will be at further cost to you, as I will seek to recover any applicable Application Fees that the Court requires to take such action. I also reserve the right to seek enforcement of these Judgments against you in the form of a Warrant of Execution, a Third Party Debt Order, or any other means available.

 

I look forward to receiving your response, as outlined above, at your earliest convenience.

 

Yours faithfully,

[huggles]

*subs*

[orfoster]

Hi Car,

 

Hows it going?

 

Just a quick question, on your N1 what did you put for Brief details of claim and the value section?

[car2403]

Nothing as yet.

 

I'm preparing a letter to the CRA's re: Default removal in an attempt to get it removed sooner, rather than later, under s.159 CCA 1974 now I have won Judgment. I may have to apply to the Court for a specific order as requested. (See below)

 

I may even consider a complaint to the Information Commissioners Office now the Court action is complete - technically, a Courts decision overrides his "opinion", so he should just force their specific performance in removing the Default, IMHO.

 

They have another week to pay me or I'll be looking to see what enforcement options I have open to me. It will cost to enforce though...

 

My N1 was in no way brief! It was 8 pages long and sought;

 

49. The Claimant therefore claims against the Defendant in the terms outlined in these particulars of claim and seeks;

49.1. Substantial damages from the Defendant to the value of £1,000 for the legal reasons outlined in Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 and Kpohraror v Woolwich Building Society [1996] 4 All ER 119;

49.2. An order from the Court under s.14(1) and s.14(3) of the Data Protection Act 1998 for the removal of the Default information and any other prejudicial information from all credit reference agencies;

49.3. Costs, at the discretion of the Court

[postggj]

may i ask with the s10 notice

where in the data protection act you can withdraw consent to process data

when people send these, the finance instatutions are saying you agreed it in there t&c

can you withdraw it at any time, can anyone supply a link

 

c

[car2403]

may i ask with the s10 notice

where in the data protection act you can withdraw consent to process data

when people send these, the finance instatutions are saying you agreed it in there t&c

can you withdraw it at any time, can anyone supply a link

 

c

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

[postggj]

many thanks

[Paintball]

Well Car, WHAT a riveting read this thread has been!! Just read it to catch up with your N1s for default removal as I'm in the process of compiling my claims. congratulations ...

[car2403]

Thanks Paintball, but hold your congratulations until the Defaults are removed and I've been paid the amount awarded by the Court...