Hey Martin

hicskis

I found this:

http://www.guardian.co.uk/money/2006/jan/28/creditanddebt.moneysupplement

The CRA files were wiped.

natweststaffmember

http://www.thisismoney.co.uk/news/article.html?in_article_id=451688&in_page_id=2

That is about John Peters case but I would expect under the circumstances that O2 would have been more forthcoming with a view to settling his claim. I doubt it ended up in court.

natweststaffmember

http://www.guardian.co.uk/money/2008/sep/06/debt.internetphonesbroadband

The original article so might be worth an email to the reporter to ask for the outcome.

hicskis

It did end up in court and he won 100,000 - but i think it would have been appealed and esmerellda thinks he ended up with circa 8000 i.e. what he actually lost, not what he could have lost....We're looking for it....

http://www.scotcourts.gov.uk/opinions/A187_04.html

natweststaffmember

I'm talking peters and you're talking Durkin. lol.

hicskis

I can't find the Peters case in the system anywhere, and the Durkin case went further than the original judgement by the looks of it - but didn't go as far as an appeal judgement as it's not in the system either.

I'm guessing the first was never dealt with by the courts, and the second settled before it was appealed. Makes sense.

hicskis

How about this esmerellda?

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKIT/1991/DA90_25498.html&query=inaccurate+and+credit+and+file&method=boolean

hicskis

The paragraphs below are paras 51 & 52 from the judgment linked in the post above -

1. The word "fairly" in the first principle is not defined in the Act, and no guidance is given as to its interpretation. In determining its meaning we must have regard to the purpose of the Data Protection Act. It is quite clear, from the Act as a whole and in particular from the data protection principles set out in Schedule 1, that the purpose of the Act is to protect the rights of the individual about whom data is obtained, stored, processed or supplied, rather than those of the data user. The Act was the result of concerns about the use of computer data, concerns voiced in Parliament and in the reports of a number of representative official committees and widely held throughout Europe (hence the Council of Europe's Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data opened for signature on 28 January 1981 referred to in sections 37 and 41 of the Act).
2. In our view, in deciding whether the processing we have described is fair we must give the first and paramount consideration to the interests of the applicant for credit – the "data subject" in the Act's terms. We are not ignoring the consequences for the credit industry of a finding of unfairness, and we sympathise with their problems, but we believe that they will accept that they must carry on their activities in accordance with the principles laid down in the Act of Parliament.

hicskis

By concerned43:

"Bank Charges - Bank of Scotland must prove fairness in Court
THE BANK OF SCOTLAND has failed in its attempt to prevent a customer amending her claim for unfair bank charges, recalling the sist [stay or suspension of claim], and fixing a full evidential hearing at Glasgow Sheriff Court this morning (Friday, 19 February 2010). [full evidential hearing scheduled for 11th June 2010]

Interesting case - please see govan law centre site"

http://govanlc.blogspot.com/

Rico6.9

Durkin case went further than the original judgement by the looks of it - but didn't go as far as an appeal judgement.

Appeal judgement should be issued by the end of March by which time the case will be highly influential in the rest of the UK.