Thanks for clarifying Citizen B.In my case they are saying that they can record a Default capital D without having to notify the debtor.I therefore have stopped repaying this debt and informed them of the dispute .But as it is a very small amount they do not seem bothered about enforcing the debt.I would rather they enforced the debt in which case I would settle the full amount against the removal of the Default.

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Unfortunately credit is cheaper these days than paying upfront!!!You will agree that a mobile phone on contract is a lot cheaper than a prepaid where the comm price is through the roof, same for utilities.So not getting credit turns out to be more expensive than living on credit and that is where the blatant unfairness lies.

Thanks for clarifying! But do you think that is is FAIR that an 80 year old man who probably behaved honestly and responsibly (I am making an assumption) throughout his life has to go through this sort of embarrassment...Simply because he does not fit the box. This is only acceptable in a totalitarian system. Where I come from (France) if they had such a system heads would start rolling...again.... My Granny is 86 and and she never borrowed anything in her life and has a substantial savings, all she had to do to get her contract is to show them a copy of her passport, a cancelled cheque and proof of address.Had she had a default the cancelled cheque would have been rejected and she would have been advised to contact the Banque De France.

Thanks for your comments , I definitely KNOW that the data recorded does NOT reflect the way my accounts are managed, and that the Data Protection Act is ignored when it comes to my rights as a Subject. As I mentioned in my post, I am not after obtaining any credit at the moment. But I am very unlikely to put up with defamation when I am actually paying back (and more).In addition, there is a very easy way to assess one's solvability by asking them to provide hard evidence of their earnings, address ect. But I suppose it would not be very profitable for CRA's. A REAL default should be recorded by a judge and not by some partisan private entity. That's only my humble opinion.I am very unlikely to give up as I don't tolerate injustice too well.But I am glad to see that some people find the system works perfectly and satisfies the requirements of a modern and equitable democracy.

The Walls Have Ears!!!

The Walls Have Ears!!!

As always, nothing will get changed if we just meekly accept things as they are. I know for fact that these CRAs do not operate in France and defaults or breaches of credit agreement are issued and registered with a governmental body (Banque de France) and if the Debtor rectifies the situation at any time during during the 5 years the entry is subsequently deleted.Credit is subject to hard evidence (payslips , proof of address and letter from your employer stating that you are not in any termination of employment process). With these criteria in place the need for CRA is non existing. When people provide fake payslips or whatever, then banks have a REAL recourse against REAL fraudsters, but Joe Public does not get penalised by so called CRAs who don't have their homework in order.

How about replying that you only gave permission to share your data, because you assumed you had an enforceable and regulated agreement.As it's not the case your permission to share data is not valid therefore it has to be removed.

CitizenB thanks again for your precious advice. Do you know if requirement re CCA are the same regardless of products (ie current account, credit card, loan)? Or is there some variations as to what they are required to provide depending on the product?

HME4x4, couldn't agree more. It is high time to regulate these companies!! However, I'm afraid that on the UK level it's generally accepted that it's OK for these companies to replace governmental powers. Even Vince Cable admitted that it would be impossible for CRA to verify the accuracy of their data and that there was a conflict of interest in the way things are set up. That's why I think it might be more efficient to campaign on the EU level as I am sure our French and German counterparts would be appalled that the government allows private companies to process sensitive data, to sell it and to refuse to correct it when it is inaccurate.Also ,their method of credit rating is highly subjective and they could be deemed as extremely discriminatory. IE You won't be offered a decent rate if you do not have any history ( if you came here from another EU country, or you never needed a credit card),they also admit taking into consideration your address to assess if you're likely to repay. How does your neighbours credit habits affect the way you manage your own credit?

The Walls Have Ears!!!

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/194720-we-own-data-time.html That's another thread I started regarding default on credit file. Any advice?? Thanks

Thank you Citizen B, have not received anything re default notice.Still waiting but they are now in default of my request as 40 days have passed.

The Walls Have Ears!!!

I am meeting Vince Cable MP tomorrow to see what his opinion is on the subject. I advise forum members to start attending their local MP's surgery as they are the one making the Law.Our MP's should be made aware that laws voted by them to protect the general public are being abused. Let the pressure build!!

I have been battling with Experian for a few few months now, because they would not remove a default re a disputed account. I have the feeling that the current system of Credit Referencing does not comply with the Data Protection Act. When I challenged Experian they said they cannot remove anything as they need permission from their client (ie The banks) because they own the data. Reading through the Act, I feel the person who owns the data is the subject (ie the customer), and that unless the customer's finances are being investigated (by the Police) for fraud or there is a county court judgement then Experian has to remove any other data relating to the account(s) as it is not of public interest. Other countries have a system where a not for profit governmental body (ie Banque de France) stores any defaults for 5 years(if they have been served legally and not rectified). Any time you apply for credit the banks would check that you are not in that list and providing you can prove your income with paychecks and your address you would get the credit you applied for.That seems a lot fairer than the system in place in the UK where the data is sold by a for-profit organisation who has a vested interest in the banks and sees it fit to refuse to remove the data even if you've paid off the debt. I think it is time to join forces and have this system changed. Your thoughts please!!

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/191254-help-capital-1-says.html That's my thread!! Sure you're help would be helpful Citizen B. Have also put Experian on notice to remove data I'm not sure they have a "legal right" to process data if you tell them not to as it would be hard to prove that this information is of public interest.

I have an "updated" copy of a credit agreement but not the one I signed. I sent them a letter saying the account is unenforceable and stop processing my data, but they essentially replied they could not care less and that's their final position.

following this thread with attention as I'm going through exactly the same thing with Crap1.they've defaulted me because of a change of policy (they put me on their long term plan+automatic default) even though min payments are being made religiously via a debt management plan.So far very similar letters as yours (it's enforceable and we don't have to show you anything attitude!!!).Feel like going to court as it is for a very small amount (170£) what should I do ?

Recently wrote to Barclays asking them to provide me with a copy of the default notice they allegedly sent me and a signed copy of the original credit agreement. They sent me a copy of a termination notice and have not mentioned anything re credit agreement copy. 28 days have elapsed what do I do now? Is a termination notice the same as a default notice ? They are in default of my request of a credit agreement copy. Can they enforce the debt? The account in question involves 335£ of disputed bank charges.Can they process my data?

Thanks for the info, I've been looking everywhere in the forum and Am still unclear as to which legislation requires the bank to provide you with a copy of the default notice and CCA. C1 claims they have no legal requirement to provide me with the default notice? Anyone knows what I should answer? Any help or ideas appreciated! Thanks

I challenged a default placed in my file by Capital 1 and additionally asked them to provide me with a signed copy of the initial agreement and a total of the charges they have levied on my account. They sent me their generic leaflet agreement stating that they omitted to provide me with the part including my personal details and signature. They claim they are allowed to do that. Is it legal?? how can they prove I've agreed to anything if I haven't signed it? They also say they don't have to provide me with a default notice? Help!!!

If no one has a written and signed agreement (neither you nor the Bank), how can the Bank justify a "Default" on an agreement it can not produce. It doesnt mean that there never was an agreement but if the Bank is going to say someone is not observing the terms and conditions of the agreement and they can't produce the said agreement ,in my opinion the judge will declare it unenforceable. It's the same as saying " I loaned this person 100£ and they signed and agreed to repay but I can't produce the paper they signed " then it's your word against theirs.