Vodafone - Default removal + distress claim ***WON***

[ffocus]

Hi all,

 

Im trying to get my life sorted at the moment. This site has been a great help so far. The problem I have now is Im trying to get a default removed from my file.

 

I had a mobile phone contract with a company called single point which was bought out by vodafone. I wrote to vodafone telling them I had no recollection of ever receiving such a notice.

 

They wrote back to me saying:-

 

1.) We can see that the default placed on your account was regarding number *********** and was placed on your credit file file due to your account been passed to the external collections agency First Credit in OCT 2003 for the balance of £58.91 (including VAT). Payment of this balence was made in full and passed to singlepoint on the 28th NOV 2003. At This time your credit file was updated to show a zero balance and that the default had been satisfied.

2.) "We are unable to remove the default from your credit file as your account had been passed to an external collections agency "First Credit".

 

1.) Is there anything I can do to get it removed?

2.) Im thinking of writing to First Credit about this but what do I say???

 

 

Thanks for listening,

*****

[ffocus]

Just spoke to the woman who wrote the letter back from vodafone. She has confirmed that vodafone are the ones who hold the default against me and not First Credit.

 

She said that it's only fair if they keep the default on my account so that they can advise others what type of consumer I am "in other words" Although I explained my circumstances to her "Moving house/location, Change of job and break up with the ex." etc and she said she would escalate the matter.

 

Is there anything I can do to force them to remove this default from my file???

[Guest Zooman]

Can you find out if it is covered by the "consumer credit act" before we get into details, the women should be able to tell you.

[ffocus]

Hi Zooman,

 

She said she would call me again tomorrow since she was trying to escalate the matter for me.

 

Ill let you know.

 

cheers

[ffocus]

Can you find out if it is covered by the "consumer credit act" before we get into details, the women should be able to tell you.

 

Hi Zooman,

 

Just got off the phone too her again. She told me this was covered under the "consumer credit act".

 

She raised it and took it to her manager where they both came to the conclusion that they shouldnt remove the default.

 

I did try to explain my circumstances at the time AGAIN. "Moving house/location, Change of job and break up with the ex. etc" She told me this did not carry any qeight to get this removed.

 

Any help appreciated.

 

Thanks

[ffocus]

Just received a letter back from vodafone saying they wont remove it. Its been 21 days. Ive now raised this with the Information Commissioners Office. They will hopefully enforce vodafone to stop processing my data.

 

Will keep you posted

[ffocus]

I've just worked out what I have been paying in excess interest rate charges due to the 2 defaults vodafone has registered against me.

 

Total comes up to £1939.45.

 

This is based on 1 personal loan which I could have got for half the interest rate. Paying 12% should have been 7%.

Credit card balances 20 - 30% apr. This should have been 0% apr since I would had switched cards every 6 months but i couldnt get a new card due to the defaults.

 

On top of this I have the distriss it has caused me. I dont know how to put a value on this. As well as the opportunity i had 2 years ago to by my own house but decided not to due to the best mortage rate i could get then was based at 8.7%apr. This is when interest rates were like 4-5%. prpoerty prices have since gone up. I think i should be able to claim for this not sure how though...

[ffocus]

Just found this:-

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/claiming_compensation.pdf

[ffocus]

My Address

My Address

My Address

My Address

Vodafone House

The Connection

Newbury

Berkshire

RG14 2FN

England

Date 15/08/06

“Previous” Single point customer

Account No. ********

Defaults dated Oct and Nov 2003 – Defaults x 2

 

Dear Sir or Madam (the Data Controller)

 

 

I don’t believe you understood my first letter (dated 24/07/06 – Your ref *********)

You’re 21 days are now up. Do to the nature of this request I will now grant you with a further 10 days to complete my request before I take this up with court action which will result in yourselves defaulting and I will make sure the public are aware of this case.

 

People do not deserve this and it is wrong of you to continue doing so.

 

I am seeking financial compensation due to “increased interest rates” to the effect of £1689.45. This is based on debt I have had and still have which I am paying much higher interest rates on when I shouldn’t be, since you have been supplying credit agencies with my details after our contract ended.

 

I also require financial compensation due to the distress this has caused me over the past two and a half years. I request that you pay a fair amount on each account:-

Distress for trying to get a mortgage £400

Distress for trying to take out loans £400

Distress for renewing credit cards £400

Time spent investigating this matter 20 hours @ £10 per hour £200

Distress on not buying my own house 2 years ago due to £Priceless

the extortionate interest rates I was being quoted due to

the defaults you have against me.

 

Therefore I request you pay me the full/fair amount* of £3089.45 within 10 days or will be taking court action followed by a very public announcement.

Interest will be accrued at a rate of 8%. This equates to £0.68 per day.

 

*Please note – Priceless – I have not added anything here but will if it goes to court.

 

Yours Faithfully

 

 

 

*****

15th August 2006

 

 

 

Below: Extra notes for your information.

 

I understand that you continue to supply to third parties data related to accounts to which have been applied by you on the instructions of the relevant companies default markers. By defaulting an account the existing contract for that account is terminated and therefore my permission for the processing of my personal data to be supplied to and processed by you is also terminated.

 

You, the Data Controller are retaining and processing data (whether or not this is a simple renewal process of the default flags, daily or other timed factor) after the cancellation of the relevant contracts. As those contracts are no longer in situ, then my written permission has also ceased from the date of cancellation of contracts.

 

The contracts, that I signed, only gave you permission for you to process data during the term of those contracts. They neither included any other permission, nor did they imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contracts that stated that you had any arbitrary right to continuing processing data for up to six years after the ending of the contracts.

 

I also believe it to be unfair for any contract to contain a clause allowing companies to register my payment history as there is no reciprocal mechanism for me to be able to equally record any breaches of contract by you. If one refers to clause (o) of Schedule 2 of the UTCC Regulations it is stated that a term would be considered unfair, if it 'obliges the consumer to fulfil all his obligations where the seller or supplier does not perform his'. Therefore, I contend that your clause demanding my permission to disclose personal data is, in effect, an unfair term, and is therefore null and void.

 

Furthermore, I believe that the potential argument that it is in the "public interest" to retain such data to assist other companies in deciding whether I am a future risk is unsupportable. It is most evident that I am not a financial risk to the nation, having not accrued a CIFAS or GAIN marker, nor is this credit file of vital public interest to protect the nation's stability. There is enough other data and information about me, e.g. my home-owner status, my marital and dependant status and my employment status for future lenders to ascertain my risk rating. Unless you are prepared to disclose the mechanics of how your risk calculation is composed, you cannot prove that historic default markers on defunct accounts have a considerable bearing, or are a major factor, in the whole calculation.

 

As such, you had, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. You have already not responded in a non- compliance manure. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against you. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence for you are clearly holding data that is no longer relevant to the accounts, the account information provider or the data subject, and is being held after a contract has been terminated, by whatever means, whether by default or cancellation.

 

Statutory Notice pursuant to Section 10 of

The Data Protection Act 1998.

 

Data Controller:

Data Subject:

Address:

 

Whereas I have been the customer of yours and whereas I consented in my contracts with you to the disclosure by you of certain data, at no time did I consent and neither was it within the contemplation of the parties to the contracts that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

All contracts between myself and you have been terminated, indicated by the default status applied by you at your sole discretion. My permission for you to control and process data terminated with the cessation of that contract and you have no longer have my permission in respect of process my personal data related in any way, including but not limited to, supplying my personal data to third parties, updating your own records and or making decisions thereon.

 

Therefore, take notice that I require that you cease from processing within seven days of the receipt by you of this notice or else that you do not begin to process any personal data related to the former contract of which I am the subject insofar as that processing involves the collation, storage, processing, communication or passing of personal data of which I am the subject to any third party.

 

This Notice is served on the grounds that the processing, or continued processing,or disclosure by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

These rights are contained in section 13 of the Act.

 

If an individual has only suffered distress, compensation is not available unless the processing of the personal data is for the “special purposes” which means processing for artistic, literary or journalistic purposes.

 

I trust that I have made my position clear, and that you will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel or law department.

 

 

Have a look here at the letter im about to send to vodafone. Any comments welcome. Will post tomorrow morning. :grin:

[SurlyBonds]

Hi Zooman,

 

Just got off the phone too her again. She told me this was covered under the "consumer credit act".

 

 

The mind boggles that so many people working in call centres can have embedded this "industry practice" into some sort of urban myth within their brains....that's if they've got any!?!?

 

This is THE ENTIRE section of the Consumer Credit Act 1974 (As amended) and all that it says about Credit Reference Agencies other than the definition of one is. It contains all mendments added in for all statutory updates to the present day (i.e. where other Acts have amended certain words/phrases or removed words/clauses/etc.).

 

If you can spot anything about six years markers on defaults (unless ordered so by a County Court judge -which is another Act all together) then fine... let it go and give up your fight.

 

In fact, if you do a word search on "six years", as he/they see(s) fit" or "in perpetuity", then absolutely NOTHING comes up. So, as I keep on asking them (and they still won't damn well own up)..."Where is the statute for this six years rule?".

 

If anyone eants a copy, then let me know and I'll email it to you... it's a useful reference anyway.

 

Tell Vodafone to read it and weep...

 

 

Credit reference agencies

157 Duty to disclose name etc of agency

(1) A creditor, owner or negotiator, within the prescribed period after receiving a request in writing to that effect from the debtor or hirer, shall give him notice of the name and address of any credit reference agency from which the creditor, owner or negotiator has, during the antecedent negotiations, applied for information about his financial standing.

(2) Subsection (1) does not apply to a request received more than 28 days after the termination of the antecedent negotiations, whether on the making of the regulated agreement or otherwise.

(3) If the creditor, owner or negotiator fails to comply with subsection (1) he commits an offence.

158 Duty of agency to disclose filed information

(1) A credit reference agency, within the prescribed period after receiving,

(a) a request in writing to that effect from any partnership or other unincorporated body of persons not consisting entirely of bodies corporate (the “consumer”) and

(b) such particulars as the agency may reasonably require to enable them to identify the file, and

© a fee of £2,

shall give the consumer a copy of the file relating to it kept by the agency.

(2) When giving a copy of the file under subsection (1), the agency shall also give the consumer a statement in the prescribed form of the consumer’s rights under section 159.

(3) If the agency does not keep a file relating to the consumer it shall give the consumer notice of that fact, but need not return any money paid.

(4) If the agency contravenes any provision of this section it commits an offence.

(5) In this Act “file”, in relation to an individual, means all the information about him kept by a credit reference agency, regardless of how the information is stored and “copy of the file”, as respects information not in plain English, means a transcript reduced into plain English.

159 Correction of wrong information

(1) Any individual (the “objector”) given—

(a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or

(b) information under section 158,

who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.

(2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has—

(a) removed the entry from the file, or

(b) amended the entry, or

© taken no action,

and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.

(3) Within 28 days after receiving a notice under subsection (2) or, where no such notice was given, within 28 days after the expiry of the period mentioned in subsection (2), the objector may, unless he has been informed by the agency that it has removed the entry from his file, serve a further notice on the agency requiring it to add to the file an accompanying notice of correction (not exceeding 200 words) drawn up by the objector and include a copy of it when furnishing information included in or based on that entry.

(4) Within 28 days after receiving a notice under subsection (3), the agency, unless it intends to apply to the the relevant authority under subsection (5), shall by notice inform the objector that it has received the notice under subsection (3) and intends to comply with it.

(5) If—

(a) the objector has not received a notice under subsection (4) within the time required, or

(b) it appears to the agency that it would be improper for it to publish a notice of correction because it is incorrect, or unjustly defames any person, or is frivolous or scandalous, or is for any other reason unsuitable,

the objector or, as the case may be, the agency may, in the prescribed manner and on payment of the specified fee, apply to the relevant authority, who may make such order on the application as he thinks fit.

(6) If a person to whom an order under this section is directed fails to comply with it within the period specified in the order he commits an offence.

(7) The Information Commissioner may vary or revoke any order made by him under this section.

(8) In this section “the relevant authority” means—

(a) where the objector is a partnership or other unincorporated body of persons, the Director, and

(b) in any other case, the Information Commissioner.

[ffocus]

Letters in the Post. Ill let you know what happens 10 days and counting.

[ffocus]

Well....No Reply from vodafone. I've now sent the moneyclaim form. Requesting they remove the default, pay for damages including distress and the excess interest I have payed on all my credit accounts.

 

I am optimistic - Glad to be getting rid of the default to be honest - But I do feel that they have caused me to pay excess charges over the years when I havent even had anything to do with them - Ie no contract- therfor they shouldnt have been processing my data.

 

Will let you know what happens.

[Tinkerbelle]

WOW

 

You are one BRAVE individual. Good luck with it all as well.

 

I was pouring through the Consumer Credit Act 1974 and one bit about CRA's kinda jumped out at me from the page.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

Part XII

Supplemental

 

General

 

174 Restrictions on disclosure of information.

 

(1) No information obtained under or by virtue of this Act about any individual shall be disclosed without his consent.

 

It then goes on to list some exceptions none of which is a Credit Reference Agency.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

The full list of exceptions can be found in the Consumer Credit Act 1974 which is now in the library.

[ffocus]

Thanks Tinkerbelle, Im really glad I found this site - I got so carried away with everything I thought I may as well pursue this. If I win it should open a few floodgates.

[ffocus]

Below is the letter I have just received from vodafone:

 

Any comments welcome...

 

 

6th September 2006

Our ref: ************

Mobile: **********

Mr ***************

********Road

**********

**** ***

Dear Mr 88888

Thank you for your letter dated 15th August 2006, addressed to Vodafone.

vodafone

I can confirm the comments made in your letter have been noted, but as advised in my letter

dated 11th August 2006 regrettably we have now exhausted our internal complaint review process.

We are unable to remove the default from your credit file as we were not advised of a change of

address, you did not contact us to query not receiving monthly bills and there is no receipt of a letter

requesting cancellation of your account. We also note that you did not contact us to confirm the

cancellation, thus this was not actioned and your account continued be active.

 

Due to the cancellation of your Direct Debit, your account was passed to the external collections

agency Wescot, for a balance of £67.27 (Including VAT).

If you wish to pursue your complaint, you can refer to the Telecommunications Ombudsman Service

(Otelo) who may review your case on an independent basis. Otelo can be contacted as follows:

Otelo

PO Box 730

Warrington

WA4 6WU

Telephone: 0845 050 1614

Website: http://www.otelo.orq.uk

I trust this is satisfactory. However should you wish to discuss the above further, please call us on

08704500005. This number is available Monday to Friday 9.00am to 7.45pm and Saturday 9.00am

to 4.45pm.

Yours sincerely

Jennie Holland

Customer Relations Specialist

 

 

I am confused as to why they have already "exhausted" their internal complaint process.

 

1). They say they werent advised of a change of address. So...Yes I changed address and I was checking my post...Thing is when I received the letter to pay the debt collector i payed within 3 days...I want the default removed from my file

2.)I did not query you for not recieving monthly bills. Because I paid you when I read the first letter demanding payment. They have proof of this.

3.)We also note that you did not contact us to confirm the

cancellation, thus this was not actioned and your account continued be active. The account is now closed! The last payment I made to vodafone was in sep 2003. I do not have a contract with them anymore?!?!?!

Any help from a few wise men/woman would be much appreciated.

[chopperclaire]

Hi,

Not too clued up on all of this myself, however I was referred to the "Default Hell" Thread. The girl involved there (sarah) i think had similar situation with Vodafone.

 

There are some template letters under S10/12 of Data Protection Act which may be of use to you.

 

Not sure where the Thread is located now, either in this section or go into the Legalities Forum.

 

Hope this helps in some way.

 

claire

[ffocus]

Ok.............Well I've written back with the following response. Using one of surly bonds templates. I think I've repeated myself a bit. Hopefully my request should get through to them...

 

 

 

ME

My Road

Town

XXXXXX

 

 

 

Date 08/09/06

Vodafone House

The Connection

Newbury

Berkshire

RG14 2FN

England

Your Ref XXXXXX Claim Number XXXXX

Mobile xxxxxxxxxx

 

Dear Jennie Holland,

 

Thank you for your letter dated 6th September 2006.

I am concerned that you have exhausted your internal complaint review process. To my utter disappointment to with which you have responded I must tell you that you should have received a court order requesting the removal of my defaults and I am now seeking financial compensation.

 

In response to your letter I would like to point out the below:

 

“We are unable to remove the default from your credit file as we were not advised of a change of address”

This is irrelevant

 

“you did not contact us to query not receiving monthly bills”

No I did not; I just paid you when you asked me nicely (Debt Collector). You could have called me at any time during this period.

 

“ and there is no receipt of a letter requesting cancellation of your account.”

I do not have an account with you anymore.Hence you do not have permission to continue supplying the credit reference agencies.

 

“We also note that you did not contact us to confirm the cancellation, thus this was not actioned and your account continued to be active.”

Please see section above in red.

 

 

I would appreciate that if you cannot deal with this matter yourself, then maybe you should ask your superior to review this case. If this does go to court I will win and I will publicly embarrass you, I do not mean for this to come across as a threat I just feel that the public should know how you are treating your previous customers

 

I must also point out that there is a lot of interest and information floating around at the moment regarding the use of ex-customer information. I am sure that there are many more out there who are in the same position as me and would love to know what they can do about it.

 

I understand that this account was with Single point at the time. Although you do take on their responsibilities at the same time as I am sure you are aware.

 

 

 

 

Further to my comments above:

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, Vodafone is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.

 

This is confirmed in Principle 2 of the Data Protection Act, which states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

 

I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed".

 

I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a “legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is

“standard industry practice” but they added that they are “allowed to by Law”. After further challenges, they finally admitted that unless this was a County Court issue, their term actually referred to contractual Law, but continued to emphasise that it was “standard industry practice to record default entries for six years.”

 

As a highly-educated company secretary for a major PLC, may I respectfully presume that you likewise recognise that “standard industry practice” does not correlate with “legal right”?

 

Further investigation has also led me to conclude that the only six-year data ‘retention rule’, to which they may adhere to, is in relation to information in the public domain, e.g. Bankruptcy Orders/Discharges, IVAs, CCJs, etc. These are kept in the public domain for six years. But, these are sealed orders issued by a judge through the Courts who oversee the ultimate jurisdiction in all matters relating to Law, be it the criminal code or the Common Law. It is not up to Credit Reference Agencies, or lenders, to decide legal issues.

 

In addition, the agencies may also hold information that is deemed ‘in the public interest’ for the avoidance of credit fraud or deliberate repayment avoidance; I refer, of course, to CIFAS and GAIN entries on a credit file. My former account was not subject to any such marker, nor is my former civil contract with Vodafone a public matter.

 

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Vodafone) to collate, process or distribute any other information unless there is express written permission from the data subject.

 

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure:

 

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

 

However, there are some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below:

 

10. - (2) Subsection (1) does not apply-

 

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met,

or

(b)in such other cases as may be prescribed by the Secretary of State by order.

 

To paragraph (b), I can only presume that Vodafone has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves Vodafone with the only remaining possibility of requesting an exemption under paragraph (a).

 

So, we must turn to the exemptions permitted in paragraph (a) to find where Vodafone’s Data Controller may invoke his perceived exemption to the Data Protection Act, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below:

 

“1. The data subject has given his consent to the processing.

2. 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.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.”

It is my contention that Vodafone’s supposed right of obtaining an exemption is not contained within any of these paragraphs. I have followed each in turn with my notation to give a clearer explanation, should there be any lack of clarity.

 

1. The data subject has given his consent to the processing.

 

That consent was terminated upon the cessation of the contract and, as stated earlier, I reiterate the revocation herein, and by the attached Statutory Notice.

 

2. 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.

 

For (a), there is no contract being performed, and for (b), Vodafone and I are not entering into any form of contract, and certainly not at my request.

 

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

 

According to the Information Commissioners Office (I.C.O.), exemption 3 includes all other statutory obligations for which the interests of national security and welfare override personal privacy.

 

These obligations allow for the provision of data to Official agencies and organisations, e.g. disclosure to crime prevention agencies (Police, Intelligence Services, etc), official Government agencies (DVLA, DSS, Passport Agency, etc.) and health authorities, etc., and for any other purpose not agreed within a civil contract.

 

We all know that the three major credit reference agencies are not Government bodies, nor official agencies, but for-profit companies, even though they like to think they are official. None of these three agencies are listed in the appropriate Data Protection Act Schedule that names the specific organisations that are permitted any such exemption rights.

 

4. The processing is necessary in order to protect the vital interests of the data subject.”

 

With reference to the I.C.O. again, this is interpreted as anything that affects the data subject as a matter of life and death. This clause is included in the Data Protection Act to permit data, like medical records or contact details, being disclosed in emergency situations. I do not believe that my former account details could be described as anything like a matter of life or death.

 

So, it is clear to see that there is neither statutory provision permitting Vodafone’s Data Controller to assume continued processing rights of my data at his discretion, nor any exemption. I can then only assume that Vodafone is relying on the Common Law, and contractual law, as determined by the contract that both parties originally agreed.

 

However, the contract that I originally signed with the mobile, only gave Vodafone permission to process data during the term of that contract. I think it is fair to assume that you agree that the contract was terminated some years ago, whether or not a Default Notice was served.

 

The contract neither included any other permission, nor did it imply that your perceived 'rights' to process my data would be ‘in perpetuity’. There was also no clause contained within the contract that stated that Vodafone had any arbitrary right to continuing processing data for up to six years after the ending of the contract.

 

Also, I cannot recall any clear statement that gave my express permission for Vodafone to continue disclosing my subject data to third parties after the end of the contract. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

 

However, if I am mistaken, and the contract did, indeed, specify unlimited time extensions, then you must provide me with a copy of those signed terms indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice.

 

In summary, in relation to this former contract, I am formally instructing you, from this day onwards, to:

1) cease to continue storing, processing or communicating my data;

2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely:

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for

the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

Of particular note is the Acts own term “his creditworthiness”;

 

3) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Call credit plc; and

 

4) instruct Equifax plc, Experian Ltd and Call credit plc to remove all data pertaining to your records on me with regards to account number 07734701122.

 

5) I require financial compensation due to the distress this has caused me over the past two and a half years and in recent time. I request that you pay the fair amount of £3105.77 within 7 days. Reasons of which I have previously noted in my last letter dated 15th August 2006.

 

6) Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case, you will be expected to appear in Court and I will be seeking Order to the effect above. I will also be utilizing my right to seek redress for damages as per the remit of the Data Protection Act.

I trust that I have made my position clear, and that Vodafone will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Mobile operator’ obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days.

 

Yours Sincerely,

 

Me

[SurlyBonds]

As a highly-educated company secretary for a major PLC, may I respectfully presume that you likewise recognise that “standard industry practice” does not correlate with “legal right”?

 

Only include this particular paragraph (from the template) if you are actually writing to the company secretary... otherwise, substitute it for the job title of the person you are writing to.

 

Might be worth taking out "highly-educated", if it's a numpty, as they might think you're taking the pi$$.

[ffocus]

Only include this particular paragraph (from the template) if you are actually writing to the company secretary... otherwise, substitute it for the job title of the person you are writing to.

 

Might be worth taking out "highly-educated", if it's a numpty, as they might think you're taking the pi$$. [/font][/color]

 

Thanks SB...Oops the letter off and on its way aready Thats the problem with copying and pasting things. The problem is that normal people do not have the time to do this. And this is what all these companies are "banking" on. Luckily I resigned a few months ago and am still in the process of launching an online portal, so have a little more time on my hands...

 

ps... I've also sent a copy to their legal department, since i dont seem to be getting anywhere with the "Customer service speicalists".

 

Should be an interesting case

[clint1974]

I have been reading this thread with interest. Now i am in the early stages of claiming back charges and interest from RBS Bank, RBS Credit Card, and Barclaycard. What i'm interested in is this:- I cannot transfer either of my credit cards to lower rate cards as no one will touch me as my credit score has gone thru the floor thanks to these charges etc. How do i claim for instance against RBS Bank that it was there charges taken from my account that resulted in there not being sufficient funds for the credit card company to take.?

[ffocus]

--------------------------------------------------------------------------

22 September 2006

WITHOUT PREJUDICE SAVE AS TO COSTS

Mr X

Dear Mr X

CLAIM NUMBER xxxxxxx

YOURSELF -V- VODAFONE LIMITED

Thank you for your letter dated 8 September 2006.

Vodafone has filed its defence against your County Court claim. I have enclosed a copy of the defence. It is Vodafone's

position that the data which was submitted to the credit reference agencies was correct and accurate. Vodafone denies

affecting your ability to obtain credit. There appear to have been a number of letters from Singlepoint to you each of

which contained an offer to discuss the non-payment. This matter could have been resolved during 2003 before the

services of a collection agency was enlisted by Singlepoint.

Nevertheless, Vodafone also wishes to dispose of this matter promptly and is prepared to offer to remove in its entirety

the record relating to the default on your credit file. I realise that in order to reach a stage at which compromise is

possible, you have found it necessary to issue a County Court claim. Thus, I would also be prepared to arrange to

refund the issue fee of £120. On this basis, I would invite you to withdraw your claim.

You will see that this letter is written on a 'without prejudice save as to costs' basis and accordingly is privileged from

disclosure. You are not at liberty to disclose the contents of this letter to the Court. If the matter proceeds to a final

hearing, the Judge must make his decision in the absence of any knowledge of any negotiations that we have made

towards settlement. However, once Judgement has been given, I reserve the right to produce this letter to the Court

when it is deciding the issue of costs.

Please do not take this offer of settlement as an acknowledgment of liability by Vodafone. The purpose of this letter is to

try to reach an amicable settlement without incurring the further costs of a court hearing.

 

If you have any uncertainty in this matter, you should seek independent legal advice immediatly.

 

Yours Sincerely

Legal Executive

--------------------------------------------------------------------------

[ffocus]

Ok Guys+Gals....Success

 

Vodafone have just written back to me basically stating the following:

A) We will remove the default from your file.

B) We will pay you £120 for the court costs you have already incurred.

 

I’m am now thinking that based on what they have offered me and what I have learnt about this whole case that I should take these guys to court. Based on the fact that every company in he UK is currently holding Data on individuals when they shouldn’t be. Can I have your comments please?

 

Should I .....???

 

A) Take the offer and keep quite...

Or

B) Refuse the offer and take them to court and fight for the distress payments I have asked for.

[Tobes]

Well done! Have you published your partiulars of claim? I would REALLY appreciate seeing what you wrote, because I'ml ooking to do the same thing!

 

As to your decision, if you go ahead, you won't get your costs back because they will show that you could have settled before going to court...It would be so cool if you were to win in court but presumably once they know you're ultra serious they may throw their whole legal resources into taking oyu down lol alternatively they could offer you an even better settlement?! There is always the risk of losing, even because of a technicality, and if it's not Small Claims you could be liable then for THEIR costs...Really it's down to you, though of course unless you're legally trained or you've taken legal advice you can never be sure...I would be very tempted but then I'm a bit of a psycho!

 

Whatever you do, consider all the options and think CAREFULLY!

[Tinkerbelle]

This is wonderful and excellent news

 

Well done and congratulations.

 

P.S If it was me, I'd just accept the removal, refund of court fee and leave it. Also out of interest how come your court fee was £120?

[pugsley]

well done!!, hope you don't mind if I use your letters, they are much better than anything I could think up.

 

I just had my s10 refused by Barclaycard so need to get onto them now I know they have definately issued a default.

 

 

although I would like to see one of these claims going to court, I cannot not really give you any advice as you are further along in this process than most of us here.