Received my SAR back from Orange this morning however its missing copies of all bills/letters sent from Orange and also all 3 service agreements. It also stated in the letter: Is that really right?

I think it may be yourself that is confused. Not once have I said that reporting this incident to the police would be a waste of their time. I think your refering to my post where I said not showing the security that you had no items in your bag and waiting until the called the police would be a waste of their time. I also know the difference between assault and battery thank you I believe your looking at "Obstructing a constable in the execution of his duty", not wasting police time.

Thanks for your reply. Its not a default, but two late payment markers.

Of course its wasting police time, whether they would fine or not is another matter. If youve got nothing of the stores on you, why not let them have a quick look and then on you go. Seems its all a bit over the top to be honest. The alarm sounds, they ask to check if you have anything in your bag. The simple thing here and is what I would do is to let them have a look. Same thing happened me and the missus in PC World once on the way out. They checked the other halfs handbag, we all had a laught and a joke and they let us go.

No problem. I'll try my best to help

Hi Ive got two late payment markers listed with Littlewoods from 2004. The account is shown as closed with a closing date of 03/05/2004. Obiviously under the current guidelines, they will keep these late payments on file until 03/04/2010 I sent of for a SAR and received all the documents this morning. However no letters were included and no Consumer Credit Agreement was included. Ive just phone the littlewoods Data Protection Unit and spoken to the member of staff that was assisgned to dealing with my SAR. Her answer as to why these documents were not included was "We dont actually have the Consumer Credit Agreement and we dont have any of the original letters we sent out to you. Everything we have sent out to you is all that we hold on all our systems" Is there anyway I can use this to get the account removed from the CRA's? Now I know this must seem like an underhand tactic and me trying to find loopholes, however this information is very old. Its currently 5 years old and will still remain on my file for another 2 years. It does not in anyway reflect my current situation. Any advice/tips grealty appreciated

Im presuming it was an agreement under the Consumer Credit Act - In which case they MUST send you a default notice with prescribed terms on it before they can place a default on your credit file. I hope the these two links may be of some use Consumer Credit: Default Notices http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

It would be classed as reasonable force. They have a suspicion that you may have stolen something due to the alarm being activated. If you tried to leave the store they could use reasonable force to detain you until the police are called.

Couldnt agree with you more. Im lucky that i'll have three defaults drop off this year (April,May June) after six years. I still dont think they should have remained on file for that long, as three years after they were place on id sorted myself out, got a well paid job and bought a house - so they really didnt reflect my current situation. All thats remaining on my file, is a few accounts with late payement markers. One will remain on file till 2009, one till 2010 and the other according to Equifax will be indefiantly as its still an active account, even though theres not been one late payment for over 4 years now! They really are a law upon themselves. I hope it takes off like the unfair bank charges and thousands and thousands of people start challenging the information they are processing. Long gone are the days where CRA were only used when you were applying for a credit card, but nowdays there used for job applications and essesiantal services such as gas/electric and phone.

Hi Penfold, sorry but the missus left herself logged in again! I'll send that onto Equifax and see what template reply i'll receive in return. The last thing I really want to do is take court action, but as you say, it really does leave little choice.

grizzleguts, Ive tried surlybonds letter, but not had much luck from that. Just looking at other avenues at the moment. What puzzles me, is that Experian only process the last 36 months of an active account, whereas Equifax process the information indefiantly. Ive spoken to the ICO who states they cannot process it indefiantly, but only for six years. Even to me this appears wrong and should be as Experain do - process it for 36 months and it will continually be updated.

I can see no reason why you would be able to make a claim if you was late for work. They give you the option to allow them to look through your bag to speed things up. Refusing to let them look and waiting for police may result in an £80 for wasting police time. What was it in the end?

I wouldnt have thought they would need to display a sign as its quite common sense. If the alarm is activated by someone walking through it, it raises suspicion that the*may* have stolen something. If you hadnt of let them look in your bag, they could quite legally detain you (citizens arrest) until the police arrive who do have a legal right to search your bag as there is already suspicion. Its simply quicker and easier to allow the store staff to check you havent stolen anything rather then refusing and waiting for the police.

Going by some of the statements above, and the below taken fromt eh Data Protection Act: So in theory, if your not told in the terms and conditions your data would be processed for six years, it could be stated that your information is being processed un fairly? Could this also be the reason why terms and conditions are now stating the fact that info will be processed for six years? Would also be interested to find out what the mean by "lawfully"

**Update** I phoned Nationwide "Customer services " and they said they can see a default has bee placed on the account - however could not tell me when it was put on, how much it is for or if I was notified. They said I would have to phone a different department tomorrow. Im hoping to find out why quite a bit of information is missing from my SAR, and then put a complaint into the ICO in relation to this and also the fact that letters/statements have been sent to incorrect addresses even though Nationwide have the correct details on their systems. Once the default has been removed, im then going to challenge why it was placed there and their policy into informaing people of this. I will then attempt to claim damages for the financial loss of not being able to obtain a contract with orange, and also the distress caused by Barclaycard reducing my credit limit each month until the account is closed due to finding out I had an incorrect default. Its not nice when your told "this is because it appears to us you are in financial difficulty".

Today I found many more letters stashed in cupboards and draws that have not been included in the SAR. I have lived at three addresses. Address A (Parents) Address B (Unknown who lives there now) Address C (Current) When I advised Natiowide I moved from Address A to Address B - They still continued to send statements to Address A, with the odd letter coming to Address B. When I advised I moved to Address C, statements still went to Address A. I have no idea if they have sent anything to Address B since. Even the court paperwork they sent to Address A, even though my address is shown on the claim as Address C! Even though I have found old letters that have been sent to Address B - No where in all the documents they have sent me via the SAR does it once mention Address B. Im going to phone customer services in a bit and enquire the reason as to the default being placed on my account and what they did to advise me. I will then phone the data protection department tomorrow and find out why so much information is missing. I will then work out what action to take next. In realtion to the default, I strongly believe its unlawful, as it was applied during dispute and is completly made up of unlawful charges. Due to the default I have been unable to gain a mobile contract with Orange, meaning I have had to remain with 3 for an extra month so far at a higher tarriff. (If I downsize now they will lock me into another 12 month contract. Im going to move to orange once the deafult is removed.) It also explains why I received a letter for barclaycard last year saying they are going to decrease my limit until the account is paid and closed. When I phoned up they said they had conducted a credit check and noticed I "may" be in financial difficulty. Obiviously seeing the default on my account that I had no idea was on there would have given them this impression!

CRA's keep closed account information for six years from the date the account was closed, however what im interested in here is Active accounts. When I phoned up recently regarding active accounts, I was told that on an active account the information in relation to payments was held for three years before dropping off. IE: Active Account 1 X Late payment marker in June 2002 would drop off in June 2005 Im presuming this is because the account is active, the most recent information is more relevant. I cant remember which CRA I phoned to get this information, however im now being told that even active account information is held for the duration of the contract and then six years after. EG : Active Account 1 x Late payment marker in June 2002. You then close the account in 2008 - That latepayment marker wont drop off until 2014 Now to me, this cant be right. The first answer which was giver over the phone (damn!) makes a lot more sense compared to the last answer. Ive had a search around but not been able to locate anthing, just wondering if anyone was aware of any documents that can confirm or deny this.

Hi un1boy, Very interesting thread ... any more thoughts on continuing it?

Uni1boy, Any further updates on this at all?

I can see where your coming from, but in the same instance, is it right to punish someone for six years even once they have cleared the debt? Ive got defaults from 2002, however by 2004 I had cleared both accounts. Im then having to wait till later this year for them to "drop off" - even though they dont reflect my current situation. By all means show that someone has defaulted, but dont punish them with it for six years.

Aha! found it in the end! http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html?highlight=oft#post228282 http://www.consumeractiongroup.co.uk/forum/legalities/26275-credit-ref-agency-reply-7.html?highlight=oft#post222724

I remember reading on here once that someone contacted the OFT and the never took part in any decision relating to this. Ive tried to locate the thread but not had much luck. Im hoping someone may have read it recently and can remember where abouts it is!

Also disputing information on my credit file with Equifax. After asking what legislation permits my credit file to be searched when the person I am finicially associated with conducts a credit check they came back with the following reply: The part in bold is my favourtite part of the reply and sums it up nicely. Im not quite sure what they mean by "Opt In" and "Opt Out" though If anyone can make anymore sense of this "Opt In" and "Opt Out" it would be greatly apprecaited! Also equifax have contacted Capital One regarding my default I am disputing. Capital One have come back with the following info: Ive just replied back:

I have very quickly drafted a reply letter. If anyone has anything they can add in realtion to legislation, or even better wording it would be greatly appreciated. I dont like leaving matters like this too long, however being tucked up with a cold and chest infection ive not got the greatest amount of energy at the moment! Everyones help is really appreciated

Just received the following email back from CreditExpert aka Experian. Ive highlighted a couple of parts I found interesting. I agreed that they could share my information, however I neved agreed anywhere that they could share it for 6 years! I dont think ive ever seen terms and conditions that have that clause in it! Regarding the financial association, it will be interesting to find out where the entitlement comes from that is mention. Ive never agreed to my credit file to be searched when the other half has purchased car insurance. All in all, it what I expected, but all the same im very dissapointed. Its the whole "we can do what we like, if you dont like it speak to the Information Commissioners Office" attitude that annoys me