Legal Aid?

[Desotuatail]

Hi I believe this will be a non starter but I will have a go. I was defaulted on my credit report with Experian by a credit card company. They claimed to send me out 2 letters on 5-Oct-2009 and 5-Nov-2009. I never received any of these letters. The default was going over my limit. I have never received any letters from them and I have 4 instances.
The data protection act states
86C Notice of sums in arrears under running-account credit agreements
(1) This section applies where at any time the following conditions are
satisfied—
(a) that the debtor under an applicable agreement is required to
have made at least two payments under the agreement before
that time;
(b) that the last two payments which he is required to have made
before that time have not been made;
But I went over my limit in Oct-2009. There were no 2 months. The data protection act also states
(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
I believe this to be the case. As I am unemployed could I get legal aid to help? I believe a judge would listen to a layer more intensely than me.

[FlamingParrot]

Re: Legal Aid?

Hi I believe this will be a non starter but I will have a go. I was defaulted on my credit report with Experian by a credit card company. They claimed to send me out 2 letters on 5-Oct-2009 and 5-Nov-2009. I never received any of these letters. The default was going over my limit. I have never received any letters from them and I have 4 instances.
The data protection act states
86C Notice of sums in arrears under running-account credit agreements
(1) This section applies where at any time the following conditions are
satisfied—
(a) that the debtor under an applicable agreement is required to
have made at least two payments under the agreement before
that time;
(b) that the last two payments which he is required to have made
before that time have not been made;
But I went over my limit in Oct-2009. There were no 2 months. The data protection act also states
(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
I believe this to be the case. As I am unemployed could I get legal aid to help? I believe a judge would listen to a layer more intensely than me.

You wouldn't qualify for legal aid to fight a default on your credit file. See below: http://www.adviceguide.org.uk/englan...legal_aid_for?

What cases can you get civil legal aid for?

You can only get civil legal aid for the following types of cases:
Welfare Benefits

• appeals to the Upper Tribunal, Court of Appeal or Supreme Court.

Council tax reduction schemes

• appeals to the High Court, Court of Appeal or Supreme Court.

Debt

• court action by your mortgage lender because of mortgage arrears.
• court action by a creditor to force you to sell your home
• a creditor is making you bankrupt.

Housing

• court action to evict you from your home because of rent arrears
• eviction from your home
• you are homeless and need help from the council with being re-housed
• your rented home is in serious disrepair
• you are being harassed and need a court order to protect you
• your landlord or the council is taking you to court to get an anti-social behaviour order or anti-social behaviour injunction against you.

What cases can't you get civil legal aid for?

You can't get legal aid for the following types of cases:

• consumer and other contractual disputes
• most immigration cases
• Criminal Injuries Compensation Authority cases
• private family law, for example, divorce, dissolution of civil partnership, property, finance and children matters (other than cases where there is evidence of domestic violence or child abuse)
• personal injury or death
• tort and other general claims
• conveyancing
• advice on will-making
• matters of trust law
• company or partnership law
• business law
• legal advice in relation to a change of name
• defamation or malicious falsehood.