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  #11  
Old 03-05-2008, 11:45 AM
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Sounds promising
luckily I'm not in the position to need it "yet!" but would like to See the result of someone who will.

I think the first time a CRA is taken to court and kicked it will change the way they work across the board.
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  #12  
Old 03-05-2008, 11:55 AM
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Quote:
Originally Posted by Hocuspocus View Post
Sounds promising
luckily I'm not in the position to need it "yet!" but would like to See the result of someone who will.

I think the first time a CRA is taken to court and kicked it will change the way they work across the board.
Hi HP,
Actually I am inthe process of drafting a claim against RBS, Nat West AND Equifax all as joint defendants, that will be good one methinks

sparkie
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  #13  
Old 03-05-2008, 02:46 PM
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You do what I am doing you take them to Court to get the erroneous data removed and apply for damages to your reputation. You use the DPA fourth principle on your POC. You name the three CRA's and the Creditor concerned as co-respondents. You also can cite several other principles of the DPA, but hit them with the relevant one.

It will get interesting as none of them will want to be the first to have pay for damages to your reputation. The CRA's are private entities they are not government instrumentalities so can be brought to Court to explain their actions to a Judge.
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  #14  
Old 03-05-2008, 05:46 PM
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It wouldn't surprise me DL if they were government offices by 2009 all this big brother we want your life rubbish and it will give them greater protection and they know it.
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  #15  
Old 04-05-2008, 01:52 PM
sparkie1723 sparkie1723 is offline
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I am stilldrafting my claim against Equifax and stumbled across this which is hidden in Chapter 6 of the Legal Guidance given by the ICO. Judges etc have allways stated that you have to prove loss or damage to also be able to claim for distress under the DPA,
How ever this little bit contradicts that view and I am going to use this in my claim ( which is another separate claim against RBS, Nat West and Equifax named as the three Defendants)

compensation for damage and/or distress is only available in limited circumstances, namely, as a result of:-

− a contravention of the Fourth Principle (accurate/up to date);

− a disclosure made without the consent of the data controller; loss or destruction of data without the consent of the data controller; or, processing for the special purposes.
Notwithstanding the exemptions, data controllers remain under a general duty under the First Principle to ensure that processing is fair.
__________________________________________________ __________________________________________________ ___________
NOte it says "and/or"
This means that in these set of
special circumstances you can claim compensation for distress alone, wherein other instances of breaches you can't.__________________________________________________ __________________________________________________ __________
sparkie

Last edited by sparkie1723 : 04-05-2008 at 01:56 PM.
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  #16  
Old 04-05-2008, 02:13 PM
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We are proving that we had to pay higher interest rates.
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  #17  
Old 12-05-2009, 09:50 AM
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Found this OTR which might be relevant to this thread:

http://www.addleshawgoddard.com/cdc/..._09_155936.pdf
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  #18  
Old 12-05-2009, 10:39 AM
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This is the question the Judges are now asking before ruling on enforceability, Can you demonstrate that there is an agreement in place? Documentation that credit is provided and repayments being made. This is proven and Judge rules there is an agreement.

Now the Default being recorded, is a ticklish issue. This is where I think, rather than the computer saying no to an application being made for whatever, a face to face interview with the applicant would be better ans the every thing discussed. yes it will slow things down, but then wouldn't you want to know you were turned down after this, rather than parameters a computer has been programmed to?

I think defaults have to been looked at,it could be another reason the Default is there, circumstances beyond the applicants control leading to this happening and again inflexible decisions being made.

Just my thoughts. This is why I went to the Senior Underwriters if I got turned down. This is why I am disputing the decision made by Barclaycard to lower my credit limit, even though I have never missed a payment or had a late payment, yet the default recorded by Capital One sits there and they base their decisioin on this. The never look at the bigger picture and see all the other good markers
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