I had the following reply from Cabot regarding my CCA Request. Anyone any ideas regarding the Data Protection issue please?
Our response to your correspondence
I refer to your letters dated xth and xth July 2009 and our letter dated xth July 2009.
I understand you have made a request for a copy of your credit agreement under sections 77-78 of the Consumer Credit Act 1974 ("CCA"), with Barclaycard ("BC"), the original lender.
We have made several urgent requests to BC to forward any documentation relating to your account to us. Unfortunately, Cabot has not received this documentation due to a delay in retrieving this information from their archives. We shall, however, continue to pursue this information and on receipt of the requested documentation, shall forward to you accordingly.
Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your debt with the Cabot Financial Group ("Cabot") but merely renders the credit agreement unenforceable until such time the agreement can be produced.
With regards to your subject notice under section 10 of the Data Protection Act 1998 ("DPA"), section 10(1) of the DPA states:
"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, for specified reason -
(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."
Section 10(2) of the DPA states:
"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."
I refer your attention to paragraphs 1 to 4 of Schedule 2 of the DPA, which states:
Conditions Relevant for purposes of the First Principle: Processing of any Personal Data
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 in order to protect the vital interests of the data subject."
You shall note from section 10(2)(a) of the DPA, the words "any of the conditions" and paragraph 1 and 2 of Schedule 2 of the DPA are entirely relevant to your case, as you signed a credit agreement which has been assigned to Cabot.
In relation to your concern regarding the processing of your data, Cabot is legally entitled and obligated under the original credit agreement and under the DPA to process information and also to report to the Credit Reference Agencies ("CRA's"). We disclose information to CRA's about customers' conduct of their accounts because that disclosure is necessary for the purposes of legitimate interests pursued by us, other members of the credit industry and the CRA's. CRA's hold such data and disclose it to prospective lenders because that is, similarly, necessary for the purposes of the same legitimate interests.
Furthermore, under the original terms of the credit agreement, which you signed with the creditor, you consented to information being disclosed to third parties and CRA's. Accordingly, the DPA, section 4, Schedule 1 and Schedule 2 of the Act, in particular paragraph 6 of Schedule 2, permits disclosure of such information to and by CRA's without the customers' consent.
I enclose a copy of our complaints procedure, "Putting the Pieces together" leaflet as requested. If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday.
Customer Assurance Adviser
With this letter we have enclosed:
• "Putting the Pieces together" Leaflet