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Some advice if possible please

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  • #16
    Re: Some advice if possible please

    Teaboy2, i am tempted to wait and see what they come back with but i am positive it has nothing to do with me. Labman, i fear you may be right but i wont let it drop until they do. One more question - when i did my Experian check there was no mention of a credit card with Capitol One on my profile. Would it not have been listed if i had ever had one ?

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    • #17
      Re: Some advice if possible please

      Oh dear. I am currently involved in a case against Lloyds, because they placed two defaults on my sisters account. These defaults caused her 20k of losses due to a lost house sale and lost fostering income. From your posts, I can't see that the defaults have yet caused any consequential losses, HOWEVER, the case law you need in your situation is Durkin v HFC Retail 2010. Richard Durkin received £8000 for damage to his credit file alone!!


      If I were you, I would go in hard and fast. Not only demand the default is removed but also demand 8k as this is the 'going rate' for wrongly applied defaults/CCJs.

      That should clarify their priorities swiftly. Send them a preliminary letter demanding removal and 8k,then follow that with an Letter before Action 14 days later if they don't comply........Then SUE.
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

      I am proud to have co-founded LegalBeagles in 2007

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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      • #18
        Re: Some advice if possible please

        Thanks for the reply Celestine. I am very angry about the default on my credit history as i have been quite diligent with my financial affairs over the years. TBH this is all very new to me and i find it quite daunting but i am also up for it. I just dont understand how i could have had a CC in my name at my address, where i have lived for 12 years, and had no correspondence from the original lender then all of a sudden Cabot send me a letter and a default appears on my credit history. I dont even know when the Cabot Default appeared on my credit history as i only checked Experian when i got the first letter a couple of weeks ago. Can i ask Experian for details of when it was added to my profile ?
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        • #19
          Re: Some advice if possible please

          Yes, you can ask Experian for that information. I wouldn't recommend speaking to them by phone, I'd write and ask for an exact breakdown of events.

          I would also be serving a Data Protection Request (SAR) on Capital One. The whole thing sounds like a fishing exercise gone badly wrong.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
          • 1 thank

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          • #20
            Re: Some advice if possible please

            Extract from my Claim against Lloyds; which lives in VIP sorry, don't want the beggars getting any clues!


            The Defendant Bank had a statutory duty to comply with the requirements of the Data Protection Act. The Claimant additionally asserts that in its handling of her personal data, it was in breach of its requirements, and is accordingly entitled to claim compensation from the Defendant as a Data Controller under the provisions of Section 13.1.
            25. The Claimant has suffered loss and damage as a result of the Defendant's misrepresentations and breach of statutory duty.
            PARTICULARS OF LOSS AND DAMAGE
            The Claimant is unable to obtain credit as a result. The Claimant seeks damages for this loss of amenity, relying on the decision of the Court of Appeal in the case of Richard Durkin v DSG Retail Ltd [2007]



            28. AND THE CLAIMANT CLAIMS:
            An Order for Specific Performance, that the Defendant carry out their undertaking to remove the alleged Defaults from her Credit File as they had agreed they would;
            Damages for the damage to her reputation, by way of damage to her credit rating;

            iii) Interest on any sums found by the Court to be owing to her, pursuant to the provisions of the County Courts Act 1984;
            Any other relief the Court sees fit to grant.
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
            • 1 thank

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            • #21
              Re: Some advice if possible please

              Got a feeling cabot are going to have to do some serious arse licking to get out of this one
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR
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              • #22
                Re: Some advice if possible please

                Great information once again thanks. Is there a SAR template i could use ?

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                • #23
                  Re: Some advice if possible please

                  Any chance you could email me the poc on this one. Would be really grateful. I challenged Barclays as they recorded default incorrectly on a friends file. They offered compo but challenged me to prove actual loss as per DPA . Since been advised to sue for loss of amenity. Many thanks

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