Dont tempt me!

ROBINSON WAY Dear Overdone previous address: 00 somewhere street. nexttonowhere, xxx xxx For the purposes of validation, we believe that you used to live at the address noted above. If you are not that person, or you have any queries or concerns, please use the freephone number below to let us know so we can ensure our records are correct. Freephone 0800 085 2958 If you are the person named above, you may also use the number to contact me. Correspondence manager

I have a feeling they are all made in one large tub, from the other side of the north pole. Only the wrapping is different when we trade with the devil.

Came across a site accidently with this. Credit Today Awards Grovenor House Hotel Lowell Group Shortlist: Adtec Software Cabot Financial Callcredit Lowell Group TDX Group

Well for all my letter writing I never got a penny back from Swift for all my charges so I am lost as to what change has happened to shake Swift into refunding anything ever.

Well I got two identical in the same post. It is easy to google search the back of an envelope to find who sent it (as if I didn't know their Reigate letters) like the back of my hand. I am thinking when I moved I ticked the box for the post office to inform letter senders of my new address. Not sure if this includes automatically my phone number because although ex directory, after a gap of three years of them not ringing me, now they do but I refuse their security questions but still they still ring sometimes.

12/09/2011 !st Credit. Overdone Somewhere Street Middle-of-nowhere Prabablylostshire Dear Sir/Madam 1st credit is attempting to contact the above named regarding a personal matter. Your address has been supplied as a possible address for our subject. If you are OVERDONE Please contact our offices immediately on telephone number 0843 320 0000 and quote the above reference number at which time further information can be provided. If you are not OVERDONE If you are not the individual we are attempting to contact to contact or have information that may assist please call us at your earliest convenience in order that we may correct our records. If no responce is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspondence is sent to you. Yours faithfully Gavin Flynn Up and coming nobody.

I FOUND THIS IN MY EMAIL FROM A WHILE BACK. Defaults - a proposed method for removal and the full template letter Basic things to remember about this whole process: a) Remember that the three Credit Reference Agencies (CRAs), Experian, Equifax and CallCredit were not constituted by an Act of Parliament. They hold no official Govt. power even though they like to think they do. b) The CRAs are corporations who simply have the technology to store vast amounts of data and have been doing so for years. c) The banks and lenders supply them with information about your accounts not because they are legally allowed to, but simply because YOU agreed to it via your contract. d) CRAs are allowed to hold any data about you that is deemed in the public interest or in the public domain. Things like Bankruptcy Orders and Discharges, CCJs, IVAs, etc. are public information, and you cannot stop CRAs holding this information. You can ask them to mark them as settled, but they do have legal right to hold JUST these on their records because there are actual Laws that allow them to do so, and judges have signed the Orders in all these types of cases. However, agreement 'defaults' do NOT come under those Laws, unless they have been progressed to a CCJ, etc. e) Civil contract details cannot be stored unless you agree in writing. The Data Protection Act states clearly that your account information is personal data and only you have the right to determine who may collate, process and disclose it. f) When CRAs reply with “it’s our legal right” they are talking nonsense. The legal to which they refer is simply the ‘lawful right’ because you gave permission. That permission can be withdrawn at any time according to your rights under the Data Protection Act. You can see more about this in the copy of the Experian letter also here in the sticky section, where thay actually admit that they have no legal authority and that there is no six year 'rule'. g) You are also allowed to tell any Data Controller (a company that processes or stores your data) to cease to process your data in any fully-automated process. The Data Protection Act states quite clearly that this includes processes that e.g. “affect your creditworthiness”. The actual clause is in the template letter. h) If you decide to opt-out of auto-processing, then you may opt back in again later. i) To ask a Data Controller to do anything you want them to do, including requesting bank statements, you send what is called a Data Subject Notice – you are known in the Act as the Data Subject – i.e. the person to whom the data refers. j) Data is anything on computer disk, paper, etc., that can identify you as a individual person. “all 34-year-old architects” is not personal data, but “Mr A N Other, a 34-year-old architect from 16 Acacia Avenue, Anytown, AnyPostalCode” is personal data as it can identify a particular person.” k) Your contract and all transactions relating to the running and administration of your account is deemed your personal data, as these may be subsets referenced by an account number that, in turn, can be linked to you. l) All Data Controllers have a duty to protect your data, and must hold a Data Protection Act licence (issued by the Information Commissioners Office) to hold and process data. However, this licence does not allow them to disclose data without your express written permission – it is a criminal offence to do otherwise, except for reasons of national security, taxation, health, etc. There is loads more on the Data Protection Act specifics and I might edit and add to this post as time goes by. The above is to give you the basics and the understanding of how to use this in the method below. The Default removal method. My contention is simple… 1) Data Controllers (e.g. the banks, CRAs) have no legal right to collate, store, process or disclose your data without your permission, except data clearly in the public domain. 2) But, you give that right to them when you sign your contract – most paperwork includes clauses such as “You allow us to disclose details about the conduct of your account to CRAs, etc….”. 3) That contract becomes Law under contractual LAW…however it is still under the ultimate authority of English Law. Any disputes have to be negotiated or referred to Court for a decision. 4) Once the contracts ends, nearly all the clauses also end. The lender does have some rights to prove monies owed and then pursue them lawfully, but my argument is essentially that other clauses all end, and the lender cannot arbitrarily choose to assume that the disclosure of Data clauses can carry on. This is a proposed change of contract that they are trying to impose and is therefore unfair and unenforcable under the UTCC Regs. 5) If they then continue to disclose data about you to a CRA, they are doing so without your permission, as your permission expired in the termination of the contract. 6) You can then serve them with a Statutory Data Subject Notice asking them to desist from doing so. 7) The Data Controller then has 21 days in which to conform to your request, or write to you giving lawful reasons as to why your request should be exempted. To do so, he would have to prove a legal Statute, a Common Law case, etc… but none exist. So, they simply turn around (especially the CRAs) and say that they have a “legal right”. They don’t…they are simply stating that they believe that they have a ‘lawful right’ under the contract Law that you agreed when you signed the contract. They also use other nonsense expressions such as “under credit law”, “six-year permissions”, etc… There is no credit law permission, and the Data Protection Act over-rules contractual Law when it comes to your rights. The six-year ‘rule’ that they so liberally quote, is them simply getting confused with County Court orders… such as bankruptcy, CCJs, that only a judge can sign. NOTE: Banks and CRAs cannot sign Court orders. 8 ) If the Data Controller fails to show reasonable cause to try and exempt your Notice, then you may go straight to the Information Commissioners Office and ask them to enforce your Notice. You will need to put all the correspondence together with a covering letter. 9) You may apply for compensation, only if the incorrect data has caused you financial loss, or other significant inconvenience whilst the incorrect data was used in a process that affected you. 10) You can also go straight to the Court and issue a Court Claim to ask a judge to enforce your Notice. You will have to pay a fee, but you can claim this back from the Data Controller if you win. You can also apply for compensation on your Claim – again reasonable costs, damages, etc. 11) Damages claims have to be very clear that they caused inconvenience and hardship or distress, so use sparingly. At the end of the day, your primary mission is to remove what you consider is adverse data, not start going off on one for compensation, so stick to your basics first. Finally, a few simple rules, that will help your case appear more professional: 1) Check your spelling and grammar – it is shocking to see some very basic mistakes, and it doesn’t give a very good impression if you make basic errors like your and you’re, there and their, etc. 2) Send ALL letters (without exception) via Recorded or Special Delivery, and keep a copy, and keep the Post Office receipts and stamped labels. They CANNOT argue if you can prove they got the letter. If you fax anything, keep the send confirmation sheet (sometimes called the transmission journal) – press the button the machine to print one. 3) If you phone anyone to discuss the case, use a program like SkyLook (available on this website) to record your calls. Note that it is NOT illegal to record your own telephone conversations – even though the uneducated Muppets in call centres try telling you otherwise. After all, they often record your conversations! The best of British luck, and let’s see if some more wins start coming through – I am working on other aspects of the Data Protection Act and will keep you informed as to how they progress. And remember, that most of this really gets down to who blinks first... they know they don't have a prayer, which is why they are coming up with grasping-straws excuses. Be prepared to take it to Court, or at least the Information Commissioners Office...who knows, we could even end up with a case law in our favour if it went to the right Court. So, to the letter itself… The following was an amalgamation of several previous letters that I had sent for my own cases. This version was written for a friend who is having hell with a bank that adamantly refused to remove a default, and the CRAs involved had written back with many stupid replies that didn’t mean anything, or answer the issue. Within 72 hours of it being received at their Head Office, we received a letter saying that they were happy to remove the default from the credit files, although denied any liability for distress, or breach of duty in relation to the Data Protection Act. The Company Secretary GrabItAll Bank plc Large Ugly Building with nice view of Thames Somewhere in London Postcode [must go to their company registered address!] [Date] Dear Sir, Re: Formal notice to desist from processing or disclosing personal subject data I have recently conducted an audit of my personal credit reports supplied by Experian, Equifax and CallCredit. It is noted that there exists, within all three files, an entry referenced as “xxxxxxxxxxxxxx plc” indicating a former xxxxxxxx Loan (now closed) of £x. This is recorded as “In Default” albeit showing a settlement date of dd/mm/ccyy. I am contesting that xs’ 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 x 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 the Bank 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 xs’ 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, x 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

Such as? This acc has unlawfull charges and therefore the amount defaulted is wrong.

Still dont work Caro. It says notify an administrator.

...but that link does not work.

How do you manage to be so lovely Caro?

Caro. Does it result in Balance Satisfied then?

Hmm... It is hard to get advice on how to play a consumer advantage. CAG does not like people using the info on this site to avoid paying their debts yet I can't get confident letter writing advice for negotiating a fair Out of Court, payment and settlement. I know this does go on though.

It is typical of Mercers to send a mock default and not default you. They can keep six years running forever so it does not fall off your credit file. But, if you do not pay anything on the account for six years because they fail to settle your dispute, you can claim Statute Barred. I am relying on this strategy too.

Surely the debt is unenforceable because of the lack of a valid CCA. Or are they gonna insist that it is enforceable despite them not taking me to court? What is the best approach to get the default removed?

In January 2010 I applied for cap one's start again card and they declined me. (Surprise) 29 Dec 08 is their default on my credit file so Dec 2014 is when Cap One's default falls off. A Long time to go. Today, Granite (Vanquis) start again card accepted me so I should be rebuilding credit favourably. How do I offer, Cap One, an out of court settlement, without predjudice, on condition they remove the default, as this impedes me from getting, say, a mortgage?

Well they rang me today to confirm my details and said I would be getting a card. They also offered a £100 instant loan to my bank account. I declined the loan but not the card.

Well, when are they going to be exposed on Tv or in the papers?

So Mercers could um... fake a letter allegedly sent to me, if they were that sort of group? Do they have to prove I received it?

Well I have applied for Granite and they are still scratching their chin. Have been with Provident for four years with a perfect score with them. Am awaiting outcome still from Granite.

I stopped paying them £4 a month in a debt management plan about 3 years ago. They supplied me with no valid cca or info that they bought the account. They defaulted me as soon as it was purchased over 6 years ago.

I have scores of letters since from 1st cred but now both defaults have fallen off my credit files because of six years expiring since their default. What does this mean for me?

As I am in dispute because of no legit CCA, after six years of no payment from me, is it Statute Barred?

Well I'll not be going. Maybe someone could propose another date.