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file_wizzard

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About file_wizzard

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  1. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. A default and CCJ are two sperate matters, and both can be recored in respect of one account.
  3. Nationwide are the data controller, and have the ultimate responsibility for the continuation of processing / publication. The ICO will respond with the following; http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf
  4. Both, if the CRA does not receive a monthly updates from the data controller then they will continue to process the data to the last known update. Therefore the data will remain unchanged until it naturally expires, (i.e 6 years from account closure or default)
  5. If the court does not received a response they are obviously unable to award a default judgement under part 12, and are more likely to give direction to disregard the part 8 Application. I am presuming that the enactment you have referenced in support of your Part 8 Application is the Data Protection Act 3rd & 5th principals, which the Information Commissioners Office and Experian deem to be upheld in cases such as this as they are “within the wider public interest” ?
  6. This has been "borrowed" from the 1981 Limitation act where a simple form of contract has a 6 year expiry, whereas a sealed contract is enforceable for 12 years. Nonetheless you are quite correct there is no statute or lawful right to retain for this amount of time, it is just considered “reasonable” given the common law precedent sent under the limitations act.
  7. Why is the debt in dispute?, by the looks of your post you admit the account was applied for by yourself, you suffered payment difficulties and the creditor defaulted the agreement. have you subsequently offered a re-payment plan, or formally disputed the amount owed (if you believe it contains unlawful charges) ?
  8. N1 for an injunction, will be subject to a standard fee of £150.00
  9. If the matter did go to court R.e the default notice issue then the creditor / data controller would likely provide a witness statement to the court outlining the systems they have in place to issue the notice, and that they have no reasonable cause to believe that a notice was not issued via this process. In this scenario the court would accept the witness statement provided they had no cause to question it, or that you could provide evidence to the contrary. Unfortunately the court service still accept the royal mail as a “reliable” delivery service, and they would not expect a notice to be sent “singed for” or “recorded” With regards to the wider case here, a court would look at three main issues; 1. was there an agreement 2. is it enforceable 3. is any benefit still owed by either party
  10. Unfortunately the data controller / creditor in question would substantiate this process by submitting a witness statement to the court stating that the process is in place and they have no reasonable cause to believe that a notice was not issued. A little harsh, but unless the courts had serious cause to disbelieve this, or evidence to the contrary, then they would be liable to rule in the data controllers favour.
  11. can you be a little more specific, why do you think it would be ?
  12. quite right you can ask, and it's a lawful requirement to display them or produce them upon request, however this example is governed by specific legislation, I think you will be hard push to demonstrate a true legitimate interest in a commercially sensitive contract. Give it a go though, will be interesting to see what excuses they come up with
  13. I think you would find they would argue otherwise!, and a court would probably agree with them. The agreements between the parties on data processing would be generic in nature, and would not identify individuals, hence it would not be considered “relevant data” within the bounds of the Act. The mechanics of how the data is processed is governed DPA, how the commercial contract is arranged is another matter entirely. Conversely if the CRA’s were a public body you could obtain this contract / data under the freedom of information act.
  14. No, as it would be considered to be a contract in confidence between the two parties, and as third party with no legitimate interest in the private contract you would have no cause or right to obtain commercialy sensitive data. A subject access request under the DPA would only relate to data that could be used to identity the individual in question, and a commercial contract between businesses is clearly well outside of this scope.
  15. A very expensive way to obtain something you can do yourself. Basic accounts can be found here; http://www.adviceguide.org.uk/basic_bank_accounts.pdf other “Full” accounts with “ lenient” approval criteria are as follows; Natwest “Step Account” c/w solo card Citibank sterling current account ID checks only for visa/delta debit card Norwich and Peterborough BS “Gold current account” c/w Visa/Delta debit card Business account both Natwest and Lloyds off business accounts for those with poor credit history, and discharged bankruptcy’s
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