Welcome Finance **WON**

[steven4064]

If they have defied a court order you can ask for their defence to be struck out under CPR Part 3 Rule 3.4(2)(c):

3.4 (2) The court may strike out a statement of case if it appears to the court – ...
(c) that there has been a failure to comply with a rule, practice direction or court order

[postggj]

Hi Stephen Will Be Posting A New Poc In 20 Min For You To Go Over

[postggj]

[postggj]

[postggj]

I Have Not Put In Yet About The Vehicle Default Notice Being Wrong, Ie 2200.500
Or The Neglect Ref Dvla About The Car That Welcome Had Need Advice On That

THIS IS MY LAST CHANCE TO GET THIS RIGHT BEFORE I GO INTO COURT SO I NEED PEOPLE TO PICK IT TO PIECES WITH ANY LUCK WELCOME WILL BACK DOWN AT THE LAST MINUTE
WITH REFERENCE TO MY LAST POST ABOUT WELCOME PRODUCING THERE DOCUMENTS WITHIN 14 DAYS
DO I ALLOW FOR THE CHRISTMASS HOLIDAY OR IS 14 DAYS 14 DAYS

[humbleman]

Hi

13 DATA PROTECTION ISSUE

Without an executed credit agreement......they are not allowed to process/transmit data

Is the above your understanding or you have recited that from some authority.

Thanks for the clarification in advance

[ncf355]

PostGGJ,

you need to run that POC through a spellchecker mate, several spelling mistakes within it

e.g: Removel should be removal, Claiment should be Claimant


(hope I dont sound off here, just want you to get the best start possible with this)

Better attitude with the data protection act is the inaccurate data

e.g: they charged interest they were not entitled to charge, hence the amounts recorded are wrong

This is far easier to tackle than their right to process data at all

[steven4064]

Originally Posted by humbleman

Hi

13 DATA PROTECTION ISSUE

Without an executed credit agreement......they are not allowed to process/transmit data

Is the above your understanding or you have recited that from some authority.

Thanks for the clarification in advance

Hi humbleman

It is correct for without an executed agreement they do not have your permssion to process your data. If you look at a standard agreement regulated by the CCA it will have a set of terms about use of data. The relevant bit of the Data Protection Act is schedule 2 (1).

[steven4064]

Postggj

I have had a quick look at the propsed PoC. Firstly, what ncf355 said - spell check and grammar check (I noticed there when you should have their for example) - get someone else to read it through

Secondly, get rid of the capital letters - use sentence case.

Specific commments:

para 3: Do you mean you made a request under s 77(1) of the CCA? If you do, then say that rather than what you have put. If you mean you consulted a solicitor, I don't think that is relevant to your POC.

para 6: 'it is my contention that this...' what does 'this'refer to?

para 6, end: by "will of parliament" do you mean the Data Protection Act? If you do, say thaty instead of what you have put.

para 7, second bit: In this context s59(1) only applies if they sent you a copy of an application form instead of an executed agreement. If that is what they sent you, say so..." agreements are void because they are just copies of application forms which are pre-contractual documents"

para 8: I don't understand what youare asking for/saying

para 9: they are not not properly executed beacuse they are not set out in the prescribed form, but because they do not contain prescribed terms.

para 12: 'their' instead of 'there'

para 13: rewrite as: "As the agreements are not properly executed, the Defendant does not have proper autorisation from the Calimant to share data with thrid parties. THus the transmitting of personal data concerning the Claimant i sunlawful under the Data Protection Act 1984 (including but not limited to schedule 1 part 1 (2) and (6), and schedule 2(1) and (2).

I think you are trying to sound 'legal'. That has led to some stuff which is quite difficult to understand. Just write what you want to say in plain English otherwise, if you get to court, you will get yourself in a knot.

[humbleman]

Steven

The creditor could argue:

3.1.1 Conditions for Processing (Schedule 2 of the Act)
At least one of the following conditions must be met in the case of all processing of personal data (except where a relevant exemption applies):-
•
•
The data subject has given his consent to the processing (see paragraph 3.1.5 below).
The processing is necessary –
(a) for the performance of a contract to which the data subject is a party; or
(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

[steven4064]

What about this?

General

1. The Claimant admits to having two finance agreements with Welcome Finance, both commencing in early 2002 (“the Agreements”) (copies attached).

2. The Defendant placed a default marker against the Claimant’s credit record with various credit reference agencies.

3. The Claimant requested personal information held by the Defendant under s 7 of the Data Protection Act 1984 and information concerning the Agreements pursuant to s 77(1) of the Consumer Credit Act 1974.

Enforceability of the Agreements

4. The defendant supplied copies of the two agreements which it claimed where copies of executed agreements. However, neither had terms prescribed under Schedule 6 Regulation 6(1) of the Consumer Credit (Agreements) Regulations 1983 and are therefore not properly executed by virtue of s 61(1)(a) of the CCA 1974.

5. Further, the Vehicle Finance Agreement is not signed and dated by someone from or on behalf of Welcome Finance as prescribed by the Consumer Credit Acts.

6. In fact, the defendant supplied copies of application forms rather than executed agreements. These are void by virtue of s 59(1) of the CCA 1974 as they are pre-contractual documents.

7. Since the Agreements predate the Consumer Credit Act 2006, s15 of that act does not apply to the Agreements.

8. In the light of ss 77(4) and 127(3) of the CCA1974, the Claimant respectfully requests that the court should not grant an order for the execution of the Agreements under s65(1) of the Act.

Acceptance fees

9. The Agreements both have acceptance fees added to the principal before interest is calculated. The Claimant cites Wilson & Others v Secretary of State for Industry (Appellant) as authority that this is contrary to common law.

Data Protection

10. As the agreements are not properly executed, the Defendant does not have proper authorisation from the Claimant to share data with third parties. Thus the transmitting of personal data concerning the Claimant to credit reference agencies and the placing of markers against the Claimant’s credit record is unlawful under the Data Protection Act 1984 (including but not limited to schedule 1 part 1 (2) and (6), and schedule 2(1) and (2).

11. In placing such markers and sharing negative information concerning the Claimant, the Defendant has financially libelled the Claimant. This has resulted in the Claimant finding it difficult to obtain credit at advantageous rates or at all.

12. The Claimant therefore claims:

(i) an order form the court for the removal of defaults and all negative information concerning the Agreements from the credit reference agencies and that such data be destroyed;

(ii) compensation pursuant to s13(1) of the Data Protection Act 1984 at the court’s discretion;

(iii) court costs.

Does that cover everything? I may have misunderstood what they actually sent you so you may need to get rid of or modify my paragraph 6.

I put paragraph 9 in because you had it. However, it doesn't apply to anything you are claiming so why is it there?

[steven4064]

Humbleman

Originally Posted by humbleman

The data subject has given his consent to the processing (see paragraph 3.1.5 below).
The processing is necessary –
(a) for the performance of a contract to which the data subject is a party;

The point is that, without a properly executed agreement, there is no contract to which the data subject is a party.