Default Notices - Requesting legal clarification

100mel

Wonder if someone can clarify exact position with regard to issue of default notices. I am in a long running battle with Sainsburys credit card to remove a default marker registered on my account without my knowledge or any notification whatsoever - no paperwork at all and nothing supplied under subject access request and some half a dozen other requests. I shall be in court on it in September but really would like to be certain of my ground here. Experian simply tell me that the lender/subscriber says it should be there - so it is

Hope someone can give me a few pointers

Mel

angelavdavis

100mel wrote: »

Wonder if someone can clarify exact position with regard to issue of default notices. I am in a long running battle with Sainsburys credit card to remove a default marker registered on my account without my knowledge or any notification whatsoever - no paperwork at all and nothing supplied under subject access request and some half a dozen other requests. I shall be in court on it in September but really would like to be certain of my ground here. Experian simply tell me that the lender/subscriber says it should be there - so it is

Hope someone can give me a few pointers

Mel

Have a look at this site. It contains information regarding getting defaults removed off your file.

100mel

I've seen this website and all these letters were written several times over the course of many months - no response from the company so now I am forced to go legal. However, I wanted to be clear about the law and remedy route - is this ICO , courts or both

digp

i suggest you issue a letter before action to both sainsburys (address it to their lawyers) and to equifax/experian informing them that the information is inaccurate, defamatory, and breaches the DPA. Further that you require them to stop processing it pursuant to s.10 DPA 1998 and failure to do so will result in issuing of an appropriate claim in the County Court.

In both cases send your letters to the lawyers so to avoid the CS tubbies who can't do anything for you.


If that gets you nowhere, before issuing a claim form, pm me and I will try to put you in touch with the right person at experian.

100mel

thanks - I'll do that. It actually only concerns Experian - their only response is "lender says information is correct"

I feel now that I have to get seriously legal as neither Sainsbury's or Experian have produced anything even approaching a Default Notice despite being repeatedly requested to do

Mel