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  #1  
Old 24-10-2008, 09:49 PM
spark1 spark1 is offline
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Default Spark1 Wifes V Experian

Outline details of problem with experian already posted on another forum ?


Looking for advice guys wether to go straight to court, and if so, who to take, or write again to the Information Commissioners Office ? Advice much appreciated

Recieved wifes Experian UK Credit Report May this Year.

Quick run down, reason for requiring the report ! getting lots of threatening letters from 1st Credit and their mates " LCS solicitors, connaughts" demanding monies for debts, then the SD, with the Bankrupty threat blah blah. I made contact, told them where to go, know nothing of what your on about, just take us to court, gone all Quiet. Also had Bookers Management Services Ltd demanding monies for same sort of stuff, contacted them, left us alone since. The debts etc have nothing to do with my wife. She might have the same name as the person in debt, who knows ?

Back to Experian Credit Report.

Lots of unknown linked addresss ? Contacted Experian to have linked addresss removed, they said GE Capital Bank had caused all the Links. GE Capital Bank told Experian the linked addresss were correct leave them on report blah blah blah. Experian told us to contact GE Capital Bank " why should we I thought " I wrote to Information Commissioners Office, they replied and told us to write to GE Capital Bank before they would get involved, wrote to GE Capital Bank explaining either they or Experian are Libel for holding and displaying incorrect information etc " thanks to sparkies1723 Libel stuff ive been reading " within a week got an apology from GE Capital Bank sayng they had made a mistake and will request all Credit Reference Agencies remove the linked addresss, dont know if its been done, have not bothered to get another report yet and the reason is ! There are Unrecorded Enquiries what are Unauthorised searches, again asked Experian to why they are there and who gave Booker Management Services Ltd the authority to carry them out and to please remove them, their answer same old ****, they are not allowed to remove them without permission from Booker Management Services Ltd blah blah blah, They contacted Booker Management Services Ltd and their reply was the details are accurate and Experian retain them on their database. Now this is the naughty bit imo, they also added the following statement :

Booker Management have added the following statement:

"These entries refer to a Barclays Bank Resolve / Consolidation Loan for £##### lent on ######## account reference ########. Notice of default sent 31/08/05 (Barclays Bank PLC, 63 Stamford New Road, Altringham, WA14 1DR). The debt balance of £####### was sold to HLCF Ltd by sale agreement dated ########. Booker Management Services Ltd are acting as managing agents for HLCF Ltd, registered in the Isle of Man"

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address:

Booker Management Services Ltd: Booker Montague, Zealley House, Greenhill Way, Newton Abbot, TQ12 3ZH

So I sent a letter recorded delivery to the above, it was returned a few days later, unopened ? Experian have also added the following statement for us of the report :

The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you:

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

Where should we go from here, who is Libel for the statement ? and is it defamatory to my wife who has never had any connection / dealings with Barclays whats over.

Thanks Spark



Sparkie1723 put together a template letter, what I juggled about to suit me and the wife, sent it beginning of week.

***************************
**************************
************************
*********************
Monday, 20 October 2008

Company Secretary
Experian Ltd
PO Box 9000
NG80 7WP


Dear Sir / Madam

Myself *******************and my husband ************write to you with regard to all the previous issues Experian have been aware and we now submit this Notice under Section 10 of the Data Protection Act 1998 to erase/delete all the unsubstantiated data & information supplied by Booker Management Services Ltd about myself ******************* because it is causing me severe unwarranted distress and damage. I ***********and my husband ***********are financially linked so the unwarranted distress and damage being caused concerns my husband as well.

We further support this notice and exercise my/our rights given to you under Article 8 of the European Convention on Human Rights which is embedded in the UK Human Rights Act (the right to privacy to home life and personal correspondence). With regard to personal data which states “all individuals have the right to have incorrect data about them corrected”.

The information supplied by Booker Management Services Ltd is unsupported by documentation of any description. Under the Fourth Principle data controllers ( Experian is a data controller under the Data Protection Act 1998 must now take “ more than reasonable steps to ensure that the processing of data is lawful, correct, accurate and true”.

Merely placing a marker (dispute notice) on an individuals credit file will not be sufficient to protect a data controller from libel action.

The Data Protection Act 1998 also states that the necessary steps to be taken will be different in each individual case, this means that the standard letters sent out by Experian are no longer worth the paper they are written on, every case and dispute is different as seen by my case.

Should Experian attempt to use their position of miss conceived power and refuse to remove this information, we will immediately without further warning take out proceedings against Experian for Defamation in the County Court, bearing in mind no monetary loss has to be proven in Defamation claims.

In such court proceedings we will submit that Experian be put to strict proof to prove that the defamatory information entered by Booker Management on my credit file is in fact accurate true and correct in every respect, and produce the necessary documentary evidence to substantiate it.

As we will be able to show quite clearly that it is in fact incorrect we have no doubt at all we will be successful in my claim.

We will be taking action against the suppliers of this information in a separate claim, to avoid this action I suggest that Experian comply with my section 10 notice and offer compensation to the value stated in the case as damage to a persons credit status in 1996 at £5,500
Cont..
Kpohraror v The Woolwich [1996] 4 All ER 119
see [1920] AC 102 at 112, [1918-19] All ER Rep 1035 at 1037 per Lord Birkenhead LC). The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case, in so far as this is a presumption of fact.

According to the National Statistics office £5,500 equates to over £8,000, we are prepared to accept £5,500 each although County Courts can award up to £10,000 in a Defamation claim.

We submit under all circumstances Experian are in breach of the First, Third, Fourth & Fifth Principles and should Experian not comply with my section 10 notice a further breach of the Sixth Principle.

We look forward to your reply.

Kind Regards

Mr & Mrs Sparks


Declaration of Consent to future dealings on this matter :

I ********* ………………………………………………….have given my full consent to my husband ****************…………………………………………..to represent me and deal with all correspondence regarding this matter


Any advise / input would be appreciated. I have all correspondence ie letters / e-mails concerning all parties involved, all filed away safe. It is worth sending for SAR from experian requesting for a copy of every single peice of information they have, wether it be on the credit file or not. Could experian have helped lead the way, by offering details of my wife, that lead the companies to believe she was their debtor, because we have plenty of letters of harrassment for monies and their still coming from a company not named bove. The worst thing about it is, she has never had a bank loan or credit card in her life, only ever had a catalogue

Cheers Spark
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  #2  
Old 24-10-2008, 10:56 PM
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I would SAR Experian, it's only a tenner and you never know what will come back
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Old 25-10-2008, 12:28 AM
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YEs i agree and i would also SAR barclays and Bookers.
knowledge is the key to a sucessfull result, knowledge is what they dispise us to have. But they have no choice.

SAr's can add up and can be exspensive but i have found teh investment to be very very rewarding in satisfaction and monetary value, back 2 years ago i was infromed you could also claim SAR fees back if you file in court, but may need that confrimed again now.
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Old 25-10-2008, 07:22 AM
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I have always included all my expenditures as part of the costs and have been paid them. You must show that you did spend this money before they will consider the claim.
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Old 25-10-2008, 07:40 AM
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Ok Guys

I sent a sar to barclays yesterday morning, we have a letter from barclays stating our address was not the address they had on file, when they sold the debt to booker, I have a letter from booker management with barclays logo on and my wifes name and adress. Now thats gonna cause problems . I will sar experian today, booker management dont appear to like signing for recorded letters, already had one posted back to us. Is it worth scanning any letters and loading them up for people to see, or is it best to keep them off the forum. Keep the advice coming.

Thanks Spark
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Old 25-10-2008, 08:08 AM
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It wont hurt to post the letters up, but make sure you remove any identifying information. They do troll these sites and if they see you have posted the letters for public consumption, they have no get out clause, because it becomes public domain and they can't deny anything.

Some of these companies use the OC's letterheads to make it look more official. Cabot are another crowd which do this
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Old 25-10-2008, 08:12 AM
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Post the letters up but remove any identification.It helps because we then get an idea to how they operate and can then advise accordingly.

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Old 25-10-2008, 10:13 AM
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Thanks Guys

I will post letters up later today. I will remove any ID, what about the account number and monies involved, remove that aswell. Also, is it not unlawful to mislead someone by way of frabicating a letter, unless Barclays gave them permission to do it ? are they trying to make it look as though Barclays passed my wifes name and and address to them ? if so is it serious to do so ?

Thanks Spark
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Old 25-10-2008, 10:21 AM
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Take the account number off, leaving the amount is up to you.

Misleading, generally Barclays have given permission for their letterhead to be used. This you can find out through the SAR route though
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Old 25-10-2008, 10:21 AM
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Quote:
Originally Posted by spark1 View Post
Thanks Guys

I will post letters up later today. I will remove any ID, what about the account number and monies involved, remove that aswell. Also, is it not unlawful to mislead someone by way of frabicating a letter, unless Barclays gave them permission to do it ? are they trying to make it look as though Barclays passed my wifes name and and address to them ? if so is it serious to do so ?

Thanks Spark

Hi mate,

Yes remove all personal details and account numbers. Balances are not as important but some people like to remove these as well.

If they are claiming something which is factually untrue then you could show a court this is what they have done should you need to. You only consent to your personal details being given to certain 3rd parties and this should only been done if you have given this consent. If not then it becomes a breach of the DPA 1998.
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