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the-special-one

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  1. Hmm, lots of text!!! but paragraph 9 & 10 stands out after a brief read and time out on csi. I saw that it says The Data Protection Act provides practical guidance to public bodies on how to meet their obligations under the Human Rights Act to respect personal data. “It is fair to say”, it concluded, “that there is a mutually supportive interplay between human rights, data protection and the work of the Information Commissioner”. Our support! Also the statement and table 1 shows who they are advised to release data too! Interestingly it states; 16. The Government’s response has generally been to resist our recommendations. It points to the fact that public authorities must comply with the provisions of the Data Protection and Human Rights Acts and argues that, as a result, it is not necessary to put specific safeguards in primary legislation. So there basically saying they know our rules and we trust them! But they don't have to check them! shreaks incompetence! Good luck Tingy, hope you take them to the cleaners!
  2. Tingy; what way is the DPA linked with the human rights act, sections would be good. As a nurse i'm only familiar with 3&4.
  3. With regard to my last statement about no legal/goverment statute against miss doings of CRA's and DCA's, obviously i'm aware of the ICO, FOS, DPA and TS, but they don't have the openess or the teeth that are required at times. The average person doesn't have the time to fight in the way we need to to get any resolution and most don't even have the knowledge to find support sites such as the CAG.
  4. I'm no legal expert or i wouldn't be having to ask this, but isn't aiding and abetting a breach of the DPA guidelines just as bad for any data controller who has been made aware of a possible infringement of rights? Like most people on this forum i'm astounded that there is no legal/government statute to protect consumers from the miss doings of the DCA's and CRA's who are intrinsically linked through shared business. However i don't want to get in to the political debate. I assume they have some auto cop out for this statement (that they are conspiring in a breach of the DPA)? Has there ever been any successful legal bouts regarding this?
  5. Cheers Bazooka Boo, gonna do that tomorrow! Will let you know how it goes.
  6. Thanks Alfwithhair. Also thanks to Harrassed senior however, that s10 would imply that i actually had an account with them and that this problem is due to charges would it not? I assume that the principles are the same though so will tweak it and send it on, with a charge for constantly having to take time to write to them!
  7. Having the same problem with Robinson way and lowells. Two stat barred accounts now with lowells, no CCA's either, sent all letters but still trying to collect (havn't relisted defaults since they fell off file though thankfully). Robinson way have supplied written proof that there is no CCA but claim removing the default placed by them and not reporting each month would be a breach of OFT guidlines!
  8. Hi, Appologies for posting on this thread but most relevant one i could find in regard to Robbinscum and i need some advice and hoping someone can help. I found a default notice on my file managed by Robinscum from a next account and sent the "Prove it" letter as dates didn't match mine which i closed four years previously. Robbinscum sent me an appologetic letter two weeks later saying they have no CCA and have ceased collecting on this account. I then wrote to them demanding that as there is no CCA there and i dispute the account is mine that they remove the default. I advised that as they are the managers of the default it is their responsibility to ensure that it was placed correctly and no credit agreement meand nothing to default on! They replied by saying NEXT sent me letters at my previous address and as i never complained (never recieved any letters) or contacted them then the debt is valid. They go on to say "Whilst we accept we have been unable to provide a copy agreement rendering this account unenforceable this does not mean the debt does not exist and under the data protection act and the OFT guidlines we have a responsibility to update your credit file accordingly". This is obviously ridiculous as you cannot default on an agreement if there is no agreement to default on. Any advice on how to respond to this would be appreciated, if there is a letter for this could someone please point me in the right direction. Regards
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