Hi, money laundering? no,There are no flags on my name. don't quite see how that fits in with anything?. Thanks for the reply though. To be clear, I don't have any funds in pay-pal, and there was no reason for my limitation,no pending or recent transactions, no charge-backs, no complaints, just the standard copy and paste email, if they done it due to the fact I have deposited to a casino before,therefore they decided I am a "risk", or , I have no clue. I would suggest anyone that finds that surprising investigate paypal online. Sadly many think those who are limited must of done something wrong, I thought that myself until it happened, it's then that you uncover the truth of how they operate. Anyway, that is another issue, I do not wish to be a PayPal member, To be honest I don't care about the new terms, What I do care about is I have the right not to agree to these terms, and as stated in the email about their updated legal agreements, If I do not agree to the terms, I must close my account. So my issue here is, it seems they are abusing the law by putting accounts into permanent limitation mode, removing the ability to close your account, and therefore your ability to not accept any agreements they come out with, and be assumed to accept them by the fact you have not closed your account...however it is not possible to close your account... this cannot be legal?. they could come out with an agreement saying anything they like, then claim it was agreed to because I did not close my account. Thanks for the info though, from what I understand PayPal moved to Luxembourg to avoid being under fsa rules, I am not sure on that. Again, there are no recent transactions, and no funds on hold, or any other reason for keeping the account open, and paypal do not even claim there is an issue here. We really need to establish how PayPal don't have to follow any rules? if this was a bank there would be hundreds of people bringing up legal issues and letters to send, is it just that they really are above the law?.It is the consumer action group, reclaim the right and all that, seems to not apply to PayPal. I appreciate anyone that can bring back my faith in being able to have some rights as a consumer with giant corporations like this. Thanks

Hello, Well I really dislike Paypal, awful customer service, random money holds, closing accounts for no reason, confiscating money for 180 days, and I could go on. They seem above the law, but this really annoys me, I am essentially being told I have no right to ever leave pay-pal, So I will forever be bound to their agreements, however they are changed. They have sent me their updated terms, which basically add even more powers to Paypal, including sharing information with everyone on the planet. so it says if you do not agree with these terms, close your account.. So I go to do this, and I am told due to my limitation (which was for no valid reason, but that is another story) I cannot close my account until I have fully restored my account access... but paypal make it clear they will never restore my account. This can't be legal? Surely consumers should always have the right to close an account, and to refuse to accept new terms. there are also no ebay sales or any transactions that could be reversed or pose any risk in that sense. This must be illegal and abuse of a loophole on so many levels? ... instead of closing an account they put it into indefinate limited access. what can be done? To add insult to injury, they won't even let me ask on the official forum, since they have limited the account. Talk about suppressing peoples freedom. Really hope these cowboys are held to account, So annoyed with what they get away with, CAG should not use them to accept donations on principle of what they do to people (look it up online literally millions have been conned) there should also be a webwallet section. Thanks https://cms.paypal.com/uk/cgi-bin/?&cmd=_render-content&content_ID=ua/upcoming_policies_full

Thanks BRIGADIER2JCS, So it would seem one CRA is not complying correctly by addressing the issue within 28 days. I have been reading the Data Protection Act and the Consumer Credit Act all night, my head hurts . Well, one of them must be the data controller, I feel this is a grey area, and maybe a can of worms will be opened, A test case is needed to give much weight to any of this I imagine?. I might also mention that failure to comply with the principles of the act may be referred to the Commissioner for the consideration that an enforcement notice be served under section 40, paragraph 3 of the Data Protection Act 1998, (and section 42) which would seem to be sound, at least in relation to providing a sufficent reply. I am probably missing something out, but it seems roughly correct but if I am wrong let me know . I'm thinking of something like " To: The Data Controller Reference: xxxxxxxx Re: Removal or adjustment of account REQUEST FOR REMOVAL OF DATA UNDER THE DATA PROTECTION ACT 1998 I write in relation to the above referenced account. Your company (XXXXXXXX) (From here in referred to as the “Data Controller”) continues to supply information about an account which has been ruled as irredeemably unenforceable. I would like to draw your attention to your obligations as the data controller under both the Data Protection act 1998, and the Consumer Credit Act 1974. In particular, section 159, paragraph 2 of the Consumer Credit act 1974, and schedule 1 of the data protection act, Principles 3 and 4 respectively. The above states that Personal data should be accurate and up to date, and shall not be kept for longer than is necessary for that purpose. and further under section 159 of the consumer credit act 1974, releating to information that if not corrected is likely to be prejudiced. Considering this agreement is irredeemably unenforceable - keeping this information on file is not necessary. I request this account be deleted from all Credit agency’s within 28 days of receipt of this letter. Please confirm your reply to this matter, and note that any failure to comply with this request may be referred to the Commissioner for the consideration that an enforcement notice be served under section 40, paragraph 3 of the Data Protection Act 1998, and section 42, request for assessment" Yours Faithfully, xxxxxxxxxx" References: Section 159, Consumer Credit Act 1974: http://www.legislation.gov.uk/ukpga/1974/39/section/159 Principles, Data Protection Act 1998: http://www.legislation.gov.uk/ukpga/1998/29/schedule/1 Enforcement, Data Protection Act 1998,(40) http://www.legislation.gov.uk/ukpga/1998/29/section/40 Request for an assessment: http://www.legislation.gov.uk/ukpga/1998/29/section/42

Thanks, I may be missing something, but as the CRA is the Data Controller as described in the DPA, then unless there is a specific exemption (I cannot yet find one). the CRA would be liable for the data they hold?. Schledule 1, part 1 (DPA principles 4,and 5) "Personal data shall be accurate and, where necessary, kept up to date." "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes", Also from the Consumer credit act 1974, section 159, (Excerpt) "who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.", and further, it would appear, by not replying to my complaint and dealing with it, one CRA is commiting an offence under the Consumer Credit act/Data protection act, in particular by: "Within 28 days after receiving a notice under subsection (3), the agency, unless it intends to apply to the [the relevant authority] under subsection (5), shall by notice inform the [objector] that it has received the notice under subsection (3) and intends to comply with it." "If a person to whom an order under this section is directed fails to comply with it within the period specified in the order he commits an offence." Am I missing something?. as it would seem there are grounds for compensation and at least removal in relation to the principles above?. Thanks

Thank you for the replies, I got a letter from one CRA saying that the bank has not responded to the dispute, and they cannot amend it without permission of the bank supplying it. Not quite sure where to go from here, I know the CRA is responsible for the data they hold under the data protection act, and have a responsibility for it to be correct, and would be liable if incorrect?. hmmmm bit of a grey area. Thanks for help.

Thanks for help

Hi ims21, Thanks, I did think it would not serve much point, unless there was a way to request it paid via cheque or other means, but I doubt that would be allowed, but I don't know the rules on it. I did think it was a longshot!.

Thanks, as one company deleted an account without a fight I still have hope, I think I was told by a solicitor if a debt is irredeemably unenforceable / settled through courts they should not be reporting it, but I cannot recall or find anything relating to this. Maybe something is possible in relation to the DPA and the information being incorrect, under which basis it could possibly be removed, (such as the default amount being wrong, or some other problem). I will probably try the DPA 41-43 unless anyone has had success with anything else, or if I have anything at all to back me up on, if not will put something together with the DPA in and reference the court case, and hope they just remove it since it serves them no purpose and would be statue barred before too long anyway. I did find a similar thread from back in 2008 but still seems to be nothing solid on the matter, Thanks again for the help . http://www.consumeractiongroup.co.uk/forum/showthread.php?168048-Unenforceable-CCA-Agreement-what-happens-with-your-credit-report

Thanks BRIGADIER2JCS, I have checked Equifax and Callcredit, I cannot see Experian as I used the trial ages ago, but data of both seems to be the same. Trying to figure out what to say next, as I want it removed on all the CRAs, it is possible going via one CRA could serve to get it removed on all CRA's (say if the bank agreed to delete the account?). Also should I send a letter to the bank directly or am I better leaving it with the CRA's? I have a vague idea of saying something like please remove the entries, in relation to sections 41 - 43 of the Data Protection Act 1998, since the loan is unenforceable keeping it on the file is not acceptable, and as debt has not been established it should not be reported. Anything I could add, and so far Callcredit seem to be the most on the ball (they supressed the account after 28 days), I had one other question, I understand the six years for it to be statute barred is not from the default date but from last payment? or?., I have red "AA and "BB" Early Arrears/up to 3 months late, listed on my account for nearly every month 2+ years before the default, with one green OK right in the middle, how could I work out when the six years would be up? Thanks again

Hello, This may be a silly question, but I am just curious, I had a loan with an RBS bank for around 8k left to go, it was unenforceable due to no credit agreement and various other problems, it went to court, their solicitors backed out and costs were paid to my solicitors. Original loan was around 12k, so had been paying it off for awhile, Anyway, the loan amount included PPI, I’m guessing the answer is no, but can you claim PPI in this situation, and if you could, would it just be taken off the outstanding loan, so not much point?. I was just wondering so thought I would ask . Thanks, hereigo

Hello Everyone, I am asking this on behalf of a friend of mine, who is severely disabled and has applied for a loan, they want to know their chances. Quick history... they were granted an overdraft on their current account of around £2000 last year, and have been with NatWest for over 10 years. They have no credit history as far as they are aware of (no credit cards, loans, and so on). They get about 10k/year in total. Made up form some Disability Living Allowance, and other money relating to a disability. They are in their early thirty’s. They applied for a loan of around £3000, mainly to clear the overdraft and pay a few bills, this was approved in principle, and they were sent a basic agreement to sign and return. They also sent proof of their entitlement to the benefit, and other bank statements to prove money coming in was correct (although this was not asked for). Now the bank won't tell them what their chances are, but I imagine they probably have a set criteria, I am wondering, considering the information above, are they likely to be refused simply due to having no credit history (regardless to other information?.) I understand it can vary, but I imagine there must be some set criteria, such as if they automatically deny people without a credit history, despite being approved in principle (does that count for anything?) Thank you, hereigo

Hello Everyone, I have been trying to find a section for this for ages, I am surprised there is no section for PayPal/web-wallets. Over the years I have seen Pay Pal act in such a despicable way, they randomly close accounts, they take peoples money and hold it for 180 days with no reason, and so on. I know of people who have nearly had their businesses destroyed due to Pay-Pal locking large sums and insisting they keep them for 180 days. every-time they give the same nonsense about locked due to risk. What bothers me is they seem to be a rogue company - that is out of control, They do things banks or other companies could never get away with, they seem out of reach of any common recourse (such as the FSA, or even making a subject access request) by being in Luxembourg. It's one thing that really bugs me, and it's hardly talked about, how are they getting away with this?.They have zero respect for their customers, treat them like garbage, I guess being a monopoly they have no reason to treat people well. Having read online how common this is it just bugs me and seems to be one of the great injustices in the consumer/finance markets. Having also experienced this recently I expected I would be able to get them to correct their mistake and unlock the account, but no, you get an automatic Account locked, then a few seconds later “Appeal refused” - then the our decision is final. (before appealing). I would not want to use them again, and thankfully do not keep funds there, I am just shocked they can get away with acting like this. And people don't seem to realise until pay-pal decide to keep their money. Sorry for the rant, but it is so disgusting how I have seen people treated and its frustrating knowing many people, like I did, will trust them until it happens to them. Thanks, hereigo

Hello All, Thank you for the replies. The default was in 2009, so time to run for the six years. I went through the credit agency and said pretty much that the case went to court and that the account should be removed, gave the solicters details, worked for one credit card account - who deleted it completley without a fight, but the RBS bank are being difficult, so now there is a notice of dispute of the file and it's being supressed at one CRA and not the others as far as I am aware. I am wondering if they refuse to remove it, what my next step should be?, I don't really know of any rules I can quote, or any cases or regulations that may carry weight. they claim the debt should still be repaid but they just can't take it to court, sounds wrong but I don't know exactly why it's wrong . I could draft a letter along the lines of, in relation to account number ******* I request the account is deleted in accordance with the data protection act, as continued marks on the file serve no purpose. and so on. Any ideas of anything I should be referring to, or any cases that may back me up?. Thanks again

Hello Everyone, I am trying to clear up my credit file (for future possible mortgage or loan reasons). I have a few questions, and am looking for general advice on what to include on a letter. Long story short, I won a case Vs an RBS bank a few years back, for a loan of about £8k, there were all sorts of problems with the loan, ranging from PPI to no or invalid credit agreement and so on. It went to court and I won. (they backed out). Costs were paid to my solicitors and the loan became unredeemable unenforceable. (From what I understand anyway). Now, this was several years ago, since then they continue to enter a non payment entry on my credit file every month, and send letters every six months or so saying they understand the debt cannot be enforced in a court, but it should still be repaid – non payment will be reported to the credit reference agencies. (the loan amount has not been updated for years) I have been in touch with a CRA that have suppressed the entry while they wait for a reply. From what I understand they should not be putting entries in for a debt like this, but it seems to be an area where there is not much certain information and I have read conflicting reports. I also have had success in getting an entire account removed in relation to a credit card by a basic request to the CRA so I know it is possible. What could I put in a letter for a company being more difficult and refusing to remove a entry, and what rights would I have to request for this to be removed, (at the very least the information on values is incorrect due to PPI and so on). Also I have one other question, Would this be removed after six years has expired, or as they claim the debt is still valid and send letters every six months, would that mean they would try and keep it on there for ever?. Just a note to say I have seen a lot of bankers posting on a certain other forum, just to make it clear I am not interested in a lesson on morals from the banks or their PR teams who roam some forums . Thank you in advance for any ideas. hereigo

Hello All, Thank you for the replies. they refunded one charge, I am waiting for the other one to hopefully be returned. I thought chip and pin could not be cloned? is it possible someone had a camera and reader on a machine I used awhile ago, and then made a fake card with the details? having looked around it seems people do this. The money spent seemed to not be an ATM but a retail charge of some sort, apparently they also used it for something to do with mobile phones. I was aware to look out for [problem]s around cash machines, but I thought they used a machine that zaps the card, I guess they have got more advanced?. I still don't understand how they were able to take me into overdraft, as I cannot do that with the actual card. unless a payment was processed later for some reason. Having looked at the devices online they are so hard to spot even if you are looking for them!. and they also used WiFi so they don't even need to be there!. scary. Thanks

Hello, Just to add, this also caused me to go overdrawn, which I cannot normally do, so how this could of taken place baffles me. Thanks

Hello All, I just noticed last night that some money was missing from my account, (Santander), after speaking to the bank it turns out two payments have been made, apparently using my card, and chip and pin. I am waiting for them to investigate. The problem is I still have my card, and I am very careful with my Pin, how is this possible? there is no way someone cloned my card, and if somehow they did, they could not of got my pin as well!. I have read banks are blaming customers if funds are taken using chip and pin, and there may be a new kind of fraud around where fraudsters have bypassed chip and pin, but I'm concerned now, if someone can steal funds without my card or my pin, and it still show up as chip and pin then nothing is safe?. How did they do this? are the bank going to try and not refund my funds as it was "chip and pin". Confused and concerned, Thanks for any help.

Lea - could you please offer any advice on my thread - sorry to hijack

Hello All, I am looking to find out my legal situation, and my options. I am over 65, with little income and (I'm guessing) a poor credit rating. I have an interest only mortgage which is due to mature in a few months, I cannot afford the lump sum payment, so I am in the process of getting the property ready for sale. The property is worth more than 6x the mortgage amount. I have asked the mortgage company for a small extension to allow time to sell, but they are not being very helpful. I have a few questions: Do they have to be reasonable, such as allowing an extension of 6-12 months to allow time to sell? are there any guidelines or anything related to this I can use to get the mortgage company to give me time to sell? (say 6-12 months). Do I have any other options here to buy myself enough time to finish work on the property and market it for a fair price?. I am concerned the mortgage company may try and repossess the property and sell it cheaply, are there any emergency options for loans or re-mortgages that I could get with a poor credit rating, low income and being 65+? (but considering that there is plenty of equity in the property to secure any loan). I know I should of planned ahead, and I understand a lot depends on varying factors, but I'm looking to get a general overview as to my likely options, if I have any. Thanks hereigo