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oldrectory

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  1. Hi, There have been a number of different views on this but I need to know the actual answer before I can move forward with my complaint. Do Vodafone have to send out a default notice by law? Under normal circumstances under the Consumer Credit Act, a company has to send one out and it has to be correct. However, it seems that Vodafone contracts (as other communication companies) are not part of this act. Surely to protect consumers, Vodafone have to send notice of a default being applied to give time for the issue to be resolved. I didn't get my default notice because Vodafone strangely changed my address to an old address (I have the evidence - it was an IT dept problem), so I have it on two counts (1)Default not received and (2) incorrect information on it. The whole case hangs on the Default Notice! Thanks Oldrectory
  2. Hi, From my letter in my first post it seems that I have included all the details you said should be in there. As I said in my first post, ther two parts of their reply that I disagree with the most are: A comment in the letter that because I defaulted and they 'terminated' the account that they have the right to disclose information. I can find nothing in the credit agreement that states this. That my request under section 10 of the Data Protection Act to stop processing my data cannot be requested as I have signed the credit agreement. I am really at a loss on how to move forward with this. Should I wrtie to them asking which part of the credit agreement allows them to carry on with processing my data? Surely when an account is closed with the whole balance now paid (Default satisfied) the agreement comes to an end and their right to process info is finished. Thanks Old Rectory
  3. Hi, I have recently requested my default with the Open University SBA be removed using the following letter that I obtained from this website. I also sent them a statutory notice. I received their reply today. I need a little help with replying to them. My gut feeling is that they are relying on 'industry practise' and interpreting Acts to their own advantage. I particularly disagree with A comment in the letter that because I defaulted and they 'terminated' the account that they have the right to disclosed information. I can find nothing in the credit agreement that states this. That my request under section 10 of the Data Protection Act to stop processing my data cannot be requested as I have signed the credit agreement The letter and the agreement can be seen here: http://i536.photobucket.com/albums/ff330/oldrectory/letter1.jpg http://i536.photobucket.com/albums/ff330/oldrectory/letter2.jpg http://i536.photobucket.com/albums/ff330/oldrectory/letter3.jpg http://i536.photobucket.com/albums/ff330/oldrectory/agreement.jpg http://i536.photobucket.com/albums/ff330/oldrectory/agreement1.jpg Any bodies help would be appreciated for a reply back to them! Thanks The letter I sent: Dear Sir, Re: Formal notice to desist from processing or disclosing personal subject data OUSBA Account Number: I have recently conducted an audit of my personal credit reports supplied by Experian, and CallCredit. It is noted that there exists, within these files, an entry referenced as “OUSBA” indicating a former Budget Account (now closed) of £541. This is recorded as “In Default” albeit showing as satisfied. I am contesting that OUSBAs continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. My written permission allowing OUSBA to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation. I also do not recall receiving any such Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Unless your organisation can provide a true copy of the said Notice, then I consider that any default entry on my credit files to be wholly unwarranted. However, if you can supply the copy, then I also contest OUSBAs continued processing on the following grounds. 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, OUSBA 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
  4. Which part of the law states this. I am currently in dispute with vodafone and have otelo involved. Otelo say it is irrelevant what address was registered as it is a true debt! Thanks
  5. Hi, I have evidence that Vodafone had the wrong address registered on my account with them and subsequently sent a default notice to the wrong address. Is this enforceable? Thanks Oldrectory
  6. Hi, I have proof that Vodafone did actioned a change of address but then for some reason reverted it back to my old address. They then supposedly sent out a default to this wrong address. What is the situation regarding this? Is there part of an act that states that the default has to be sent to the right address to be registered with a CRA? Thanks Old Rectory
  7. Hi, I asked for my CCA from Lowells, got an application form that didn't comply, wrote to them telling them that and asking for the true CCA. They have never written back. I have the electronic proof of delivery. Can I use the same letter for my situation. Thanks OldRectory
  8. Hi, I have a couple of questions: 1) Has anyone successsfully claimed all the charges back from black horse? 2) Is the premlim letter the usual one found on here? 3) They have offered to refund half of £300 charges, but I'm assuming I should go for the whole hog? Thanks Oldrectory
  9. Hi, I have a couple of loans with Black Horse and in the past been charged for late payments etc. I am able to reclaim these charges through the usual channels - Prelim, letter before action and then Small Claims court? Thanks Oldrectory
  10. Hi, I have a similar situation to you. The main difference is that I did tell them of a change of address and they didn't action it - I went into the Vodafone branch and supplied them and then nothing! In a phone call with Vodafone they admitted that the computer system had not updated the correspondence part of the address. I was told over the phone that they had now changed the address - but still nothing! I owe them approx £500. They sent the matter to Moorcroft - who I sent a long letter to (twice) explaining that they had to send the mater back to Vodafone as they hadn't changed the address so this situation was there fault - also requestd the default be removed. Didn't hear anything for 4 months and then get phone calls from Fredrickson International. Have told them to go away as this matter is in Disupte. Have sent original letter to Vodafone directly, asking for default to be removed, any charges to be removed and allow me to pay the outstanding balance over a reasonable amount of time. Can I use the method shown to get the default removed? As far as I am concerned, I provided them with the information of my change of address and they didn't process it properly - so the fact I didn;t get bills etc is THEIR fault! Any advice greatfully received! I am awaiting reply from Vodafone. Here is the letter I sent to Moorcroft and now subsequently to Vodafone: It is with surprise that I find myself writing to you with regard to the above reference and the letter I received from you on 17h May 2008. I note that although your letter is communicating some very important information, you have sent it via 2nd class post. This, of course, gives me less than a week to respond and might suggest you revisit your policy on postage. After taking some advice, I am using this opportunity to place this matter ‘In Dispute’. In doing so, you must not take any further action until this matter is resolved to the satisfaction of both parties. If you ignore this, I will have no choice other than to take further legal advice and act appropriately. The main reason for placing this matter in dispute is that this is the first correspondence regarding my account with Vodafone that I have received at this address since moving here in December 2006. This means I have not received any bills, reminders or defaults from Vodafone, which means I have not been given a fair opportunity to act on any bill or letters from them. I moved to my current address over 18 months ago. When I moved in I went into the Vodafone shop in ******* to inform them of my new address and to obtain a new SIM card. Having now received your letter 18 months after this and it being the only letter received regarding Vodafone, I can only assume that the change of address was not actioned at the time. Under the conditions of my account with Vodafone, I did as required by contacting them and providing up to date details. I am NOT responsible for Vodafone not taking action to update my account. Under these circumstances, any default and your subsequent ‘intended litigation’ cannot be actioned and are no longer valid. If Vodafone have issued a Default Notice to the wrong address when they were aware of my new address, then the Default Notice is no longer valid. I, therefore, expect the following to take place: • My account must be returned to Vodafone • Any default that might have been issued must be revoked and the account reclassified as upto date with any Credit Reference Agencies • Any charges that have been applied to the account must be refunded • I am provided with a copy of any bills that were send to me since December 2006 • I have to be given the opportunity to pay off the account under fair conditions Please do not under estimate the fact that I have taken some legal advice and that I am well aware of both my own rights and your and Vodafone’s s responsibilities. I remind you of the fact that I have placed this matter ‘In Dispute’.
  11. Hi, Got an e-mail telling me that they would send me the cheque before they received the consent form. they also stated: I trust this fully explains our position and we look forward to receipt of the signed consent order. Should this not be received by Thursday 16th October 2008, SLC fully intend to continue to defend on the basis outlined above. I wrote back stating that I would wait for the cheque to clear and if all was ok would return the consent form no later than the 22nd Oct. I was given no reply - assumed all was ok. got the cheque and it has just cleared. Recieved from the court today their defence, which they filed on the 15th October, the day before they stated in the e-mail and they obviously haven't taken any notice of the e-mail I sent them. Can I write to the court with copies of e-mails to show that they have wasted court time?? They also write at the end of the most recent e-mails neither this letter (not any copy of it) may be produced, exhibited, referred to or founded upon in any Court action or in any other proceedings except (a) with their express written consent or (b) at SLC's instance. Is this legal? I have asked form them to clarify which part of the law they are relying on to enforce this - but no reply as yet! I think I should complain about the solicitors handling of this. Thanks Old Rectory
  12. I did mention you claim number! I have asked for it in an offical letter. I think they will ask me to sign a consent order - which tells the court to stop the claim. Do I sign and send back after I receive everything from them? Thanks
  13. Hi, Well e-mail the letter off to them this morning and got a reply this afternoon After some repeating of information (very boring), they write, You have re-iterated that the only acceptable outcome is as stated in your particulars of claim. We repeatedly explained to you that there are no charges on your account as they have been removed. There is no interest arising from the charges since we do not levy interest on any charges applied. This is merely an unsubstantiated allegation on your part. Moreover, in light of the economic considerations for a non departmental public body such as ourself in engaging in protracted litigation, we have offered an ex gratia and without prejudice sum of £30.00 in respect of your inconvenience. As a gesture of goodwill, we would be prepared to increase the sum payable to you in respect of inconvenience to £60.00 if matters can be finalised today, failing which we are happy to proceed to defend the action on the basis that you have suffered no loss. The general outcome of this, is that they have paid me a little more than I was actually asking. SUCCESS! I just love the way they don;t want to take any responsibility for anything - and to expect me not to accept and to take it further after giving me all I wanted, even if it was in an alternative way, they must be mad!! I have accepted, but written back to them confirming the details of what they are offering! Thanks for all your help Oldrectory
  14. Thanks - i'll put the case number in when I get it in a PM! You're great! Thanks soooooo much!
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