Default Removal

[thephoenix]

Hi all.
I have a question from a friend of mine. She lives in Scotland and has won her charges back from the scabby. They also issued a default notice against her, due to these unlawful charges.
She has issued her claim, pursuant to the data protection act, to the sheriffs office for the removal of said prejudicial information from all credit reference agencies with an entitlement to compensation.

the court has now returned her claim and said, '......... take it up with the bank... ask them to send a letter to experian and explain that the default was issued due to unlawful charges........'

wot on earth.... have the courts gone doollaly.

so as you can imagine, she not to sure which way to go. A court cannot refuse you your rights ...... surely.

[Amy]

Re: Default Removal

What she should have done was to include the default removal in her POC's with the original claim and then it would have been a condition of settlement.

What actually has she sued them for?

[thephoenix]

Re: Default Removal

I don't think she has added any compensation value, just for the courts to decide i think.
as for the reason for claim is the removal of unlawful, unwarranted default notice due to unlawful penalty charges, that is likely to cause stress and financial hardship....blah blah blah

that type of thing, an't remember word for word but thats the reason.

[iancognito]

Re: Default Removal

It's not an easy one once your claim has been sorted, you won't get much help from ICO either.

It may be worth sending a copy of the letter to abbey and telling them your friend will persue the matter if they don't do as the court advise.

[thephoenix]

Re: Default Removal

i know what you mean.
she contacted the bank first, they told her to **** *** kind of thing.
Yes i agree it should of been part of the original claim but according to s.10 of the data protection act 1998, she has cause to issue a claim in the court to have the default removed.

[Amy]

Re: Default Removal

If she isn't suing for any compensation then it's not a moneyclaim and that is a completely different issue.

[thephoenix]

Re: Default Removal

well to be honest, the last time we spoke, she was but she was a bit hesitant at doing it, so maybe thats the reason they returned it.
I told her to mention compo in the poc.

I have had 2 sucesses in default removal, one with and one without compo.
the one without compo, just removed the default, the one with, paid compo, exactly the amount requested, which was funnily enough, the exact amount i owed them but did not remove the default notice. so a month later another request for removal and compo went in. Then the OFT stepped in with the tesy case and that was that.
none of mine went as far as court, they just actioned my request on demand. :kiss:

[thephoenix]

Re: Default Removal

Update

Well this one is still stuck in the system. RBS will contact me when they fell like like it :tinysmile_hmm_t2: