Taking Experian to court for refund of statutory fee (£2)?

Poten

Firstly, not really sure where to post this. Its about Experian so obviously credit file worthy ish, but its more of a contractual/consumer dispute so may need moving.

I went through Experians website to request a copy of my statutory report. I have done this before and received a password to log in and view it online but this time after the £2 fee was taken I was asked to provide documents in order to continue with my request. Unfortunately I have just moved house and can not provide the documents they request (the rent I pay is all bills inc and is a lodger agreement so I am not on the CT bill etc, I don't own any credit cards anymore). So, I emailed them explaining that I can not provide these documents and that I would like a refund.

I've had a few exchanges with support and they have quoted the following legislation to me:

s7(2)(b) of the Data Protection Act 1998
s158(1)(c) of the Consumer Credit Act 1974
s159 of the Consumer Credit Act 1974
Consumer Credit Act 1974 s158 (1)(b)

My response to them is that whilst the legislation they have quoted at me supports their various rights (such as to charge a fee in exchange for disclosure and to ask for additional information) there is nothing in the legislation that mentions that the fee is non refundable. It mentions a fee in exchange for information (which, for clarity, has never been provided).

If this isn't provided for by legislation then it is governed by contract law. I admitted that there is a statement prior to paying the £2 fee stating that it is not refundable but crucially that is before they inform you of what documents they require. A contract term that subsequently imposes extra conditions not agreed at the time of conclusion has to be unfair. I can not say to you "I offer you this Jaguar for £50" and then after payment insist that you provide 3 documents on a list of my choosing and that the fee is non refundable. Ultimately, they have taken money and provided no service.

My last reply to them was 26 days ago asking them to

(i) raise a complaint and send me a copy of their complaints procedure, and
(ii) provide me with an address to which I can direct a LBA.

I have not heard anything from them since, nor have they replied to my email 2 days ago querying their lack of response.

I realise it is only £2, but I imagine they do this to a lot of people who don't bother pursuing it and this adds up to a nice chunk of change for them. I am willing to submit a MCOL and pursue this simply for the principal and because I am sure it will aid others in getting a refund.

Any opinions as to whether the refund is owed or reasons why it may not be owed?

payandisplay

For £2.00 Are you serious?

Anthorn

Daft.

It's not only £2 because there is a court fee to pay and you have to attempt to settle first which could involve the mediation service.

Poten

payandisplay wrote: »

For £2.00 Are you serious?

£2.00 scaled over potentially tens of thousands of requests per year is a nice little earner for them because most people probably choose not to fight it. Why should they get to keep this money?

Anthorn wrote: »

Daft.

It's not only £2 because there is a court fee to pay and you have to attempt to settle first which could involve the mediation service.

Court fees are added to the claim and recoverable; so not really an issue. Attempting to settle is free and I'm more than happy for them to refund me right now as it still provides a precedent for others to use. If they ignore the LBA they will have costs awarded against them.

Jamiesmum

Wow. :shocked:

DCFC79

Contact the Experian rep on here, see if he can assist you.

Anthorn

Poten wrote: »

Court fees are added to the claim and recoverable; so not really an issue. Attempting to settle is free and I'm more than happy for them to refund me right now as it still provides a precedent for others to use. If they ignore the LBA they will have costs awarded against them.

Still have to pay the court fee in advance and mediation services are not free.

https://www.gov.uk/make-court-claim-for-money/overview

http://civilmediation.justice.gov.uk/

jjgold

Troll, dont feed him

Poten

Anthorn wrote: »

Still have to pay the court fee in advance and mediation services are not free.

Doesn't really change anything that I have to pay the court fee in advance. Experian have assets so if my argument is sound that money is coming back to me. Happy to pay out £60 for a few months in order to get a ruling if need be.

Mediation services aren't compulsory. In this case, its better to have no mediation given there is not much difference to 'negotiate.' It would not be cost effective to mediate and I think it could be opposed on those grounds. Of course, a litigant has to act reasonably and I'll happily accept Experian refunding me prior to court costs being paid.

jjgold wrote: »

Troll, dont feed him

Hardly; feel free to check my posting history for evidence that (i) I would need to look at my credit history given I have had some issues in the past and that (ii) I have a law degree.

I will post screenshots of the emails (dated 27 days ago and earlier) if necessary.

---

Nobody has yet mentioned any flaws in my actual argument though. Am I correct that there is nothing in statute that renders this fee non refundable? Am I correct that under contract law the fact extra steps were added makes the initial contract void/unfair? Im unsure exactly which argument to use here:

1. The contract is void for lack of certainty at contract formation, or
2. The non refundable clause combined with the additional requirements renders it an unfair term (penalty clause?) and therefore void

payandisplay

I've glazed over!

mightyreds

Some people have way too much time on their hands