Many thanks Diamondgirl, will get straight on it x

Hi guys thought I would give you a quick update on my battle with Link! Another letter received saying that they had issued thier respone to my Data Protection Act 1998 notice and reiterate at this time we are unable to provide a copy of your agreement however we draw to your attention the RBS Consumer Credit Act test case McGuffick v RBS. They already stated this in their last letter which I responded to. But they go on to say: furthermore we would like to draw your attention to a similar case where a customer of ours raised a complaint to the Financial Ombudsman as we wereunable to provide a copy of the agreement. They requested removal of the default from the credit reference agencies. The FO stance on the issue was as follows: "it seems clear that you did not dispute owing the debt at the time and from the information available to me it appears that you have been paying towards this debt for a considerable time. As it appears that you have been paying towards this debt for a number of years I don't believe it reasonable or fair for me to conclude you should not continue to pay towards the debt simply because Link Financial has not ben able to supply you with a copy of the original agreement to which the debt relates. Similarly I do not believe that Link Financial is under any obligation to remove any default from your credit record if it is an accurate reflection of how the account has been paid. Link go on to say that the information Commissioners Officer have made it clear that adefault on a credit file accurately reflects the paymentson the account then the fourth priciple of the Data Protection Act 1998 has been compiled with and the continuation of the reporting of the account is acceptable. They conclude by saying: the payments you have made towards your account are proof that this agreement exists. We enclose a transaction summery (nothing was enclosed with the letter)evidencing your payments. It is nonsensical that you would make payments on an account you are now disputing. We will also strenuously defend that we have never attempted to enforce this agreement. Now just to clarify a few things - I am not disputing the debt I had with HSBC which I have made payments to. I am disputing the debt with Link as it was sold to Link while in dispute with HSBC. The original letter was for the removal of the default. I have never made any payments to Link and have disputd the debt with them from the start. Any ideas on how to respond to this or should I just go straigh to the FO? Many thanks

Hi guys, I have in the last month sent two letters to EGG for a removal of a default on my credit file. First letter was a request of the true original default notice as I have never received one and the second letter was Statutory notice under section 10 of the data protection act. I've had no response to either letter so what do I do now? Do I take court action, if so any advice on that would be welcome. I am stil making regular payments and my acoount although now with Carter is up to date. Many thanks x

WHat about where there is no definate link. This account was passed to 1st Credit while the debt was in dispute, I've had no statements only threatening letters, does that equal a link? Many thanks Lisa

can I just clarify something please. In light of the recent case which means giving information to CRAs doesn't equal enforcement (sorry, I've propably got that a bit wrong, it's been a long day) but if a CCA can not be produced then surely you have not given permission for your information to be passed on?? Am I way off base here? Many thanks guys, your help is appreciated as always x

Many thanks for the information, will get right on it x

Hi Guys, hope you all ok. I have been writing to 1st Credit for a while now requesting that (a) the produce the CCA which they haven't and (b) that they remove the default notice which they placed on my credit file while the account is in dispute. The latest letter I've received states in brief: we are no longer dealing with this account and will not be able to obtain documentation for you. Our account is closed and all actions have been cancelled, however details of it must remain recorded for auditing purposes. It will be deleted in accordance with the data protection act 1998 after the relevant period of time. We do not record information about you with credit reference agencies. This is where I need a litle help please. As it is 1st credit's name that appears next to the default surly that means they record information with CRA? As there is no CCA they do not have permission to pass information on to CCA and as for the auditing purposes???? Does anyone know which juicy part of the data protection act I can throw back at the please? Any help would be really appreciated x

Many thanks for the info dx100uk very much appreciated.

Hi guys, hope everyone is ok. I was wondering if anyone could offer any advice, I think it is a long shot but it's worth the shot. I had an account with EGG pre 2006 and to cut a long story short I now have a CCJ. However, this CCJ was for £338 not for the full outstanding balance which I am making regular payments of £75 a month. The £338 was made up of charges and has been paid off completely. So my question is, is there anyway of getting the CCJ removed? Any advice would be greatly appreciated as I'm fast approaching a nervous breakdown trying to clean up my credit file! Thanks again x

Keep up the good work Pinky we are all behind you, go sock it to them! Fighting a couple of battles of my own if anyone has any advice, always appreciated x http://www.consumeractiongroup.co.uk/forum/store-cards/231849-next-how-rude.html http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/232382-very-confused-link-financial.html

Thanks for the link, I've had a look at 78.3a: Duty to give information to debtor under running-account credit agreement. — (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (3) Subsection (1) does not apply to— (a) an agreement under which no sum is, or will or may become, payable by the debtor, So, as the account is closed they don't need to comply even though my request for the removal of a default not the CCA? I think I am going to go down the route of claiming back the charges and get the default removed at the same time. When I receive the SAR information the default should be there too??? Many thanks for every ones help it is really appreciated.

Many thanks for the information guys, much appreciated. The letter states under section 78.3a of the CCA the account is now closed and we are not obliged to supply you with a copy of the original agreement and we are not required to provide a copy of the default notice relating to the account. Can anyone shed any light on section 78.3a? Also what would be the best course of action? To SAR them and claim back charges and get the default removed at the same time? Very confused now. Thanks for all your help. x

Fantastic thread Pinky, really appreciate all the information on here. Anyone able to add any more advice to this please? Many thanks and best of luck Pinky x

Many thanks for the information guys, much appreciated. x

Hi is anyone able to have a look at my link below and give me some advice, anything would be great, thanks x http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/232382-very-confused-link-financial.html#post2575687