Peter I am just reporting what I have been told and awaiting their email confirmation, I guess what they will say is that the lender is relying on Schedule 2 of the act and fulfiling one of the conditions for processing the data, namely..THE PROCESSING IS NECESSARY FOR THE PURPOSES OF LEGITIMATE INTERESTS PURSUED BY THE DATA CONTROLLER.

Legitimate-LAwful, logical reasoning, accepted standards etc

Don't know if you have seen my recent post in .THE LOAN COMP. CAN'T SUPPLY ORG. AGMENT.post 1591

Greeeeeeat News!!!!!!!!

Me thinks that too. If this is true then we start defaulting the financial institutions, since we have legitimate interest, in so far as they owe us monies for unfair charges and if they don't pay for 3 months, boom DEFAULT them. Imagine how many defaults they would end up with.

This is exactly what I told the lady I spoke to don't know If I can mention her name. I asked her 4 time, and she confidently replied yes they can since they have a legitimate interest. I have just sent them an email for confirmation, so will wait and see what they say, in writing.

HOT OFF THE PRESS!!! Just got off the phone to ICO. Apparently a lender does not require any agreement for processing your data, so if people are requesting agreements for a loan or cc and the lender is unable to produce this, they are quite within their right to report the account activity to the CRA's.

The info. might be correct (very clever wording) so what!!, but you have not given your permission to process any data. Thus they have no right to transmit any data correct or otherwise.

Laiste Just to clarify, you were the defendant in this case and a judgement has been made against you??

I really have fun when these people call, I just string them along.

Hi Alan Since HFC couldn't supply you the info. are they still processing your data with the CRA's

How about writing to the CRA's and tell them no consent given for processing my data, unless they can get any proof from thier data controller they should remove any reference to this forthwith.

As mentioned before TS don't have a clue in respect of these kind of actions, and the irony is that we are supposed to take them as the last word on such matters. Thats why they take a lot of time responding, they are probably searcing the forums for advice.

thanks, JonCris

(Just posted this on another thread) Recently sent a CCA req. to HFC, last day today got a letter stating sorry for the delay, as req. pleae find enclosed copy of legal agreement for this account. We note that the copy is not too clear, since we had to obtain this form our Archives as a/c opened in 1998. We also return your cheque for £1 as there is no charge for this service. There was a 1 page copy with this letter apart from my writing (like name address employer tel. no. etc)and signatures and dates, 95% of the pre-printed stuff is illegible. No T&C, no interest rates. at the top of this paper I can just about make out credit agreement regulated by cca 1974 but half of it is missing. Any comments whether this is acceptable.

hi Recently sent a CCA req. to HFC, last day today got a letter stating sorry for the delay, as req. pleae find enclosed copy of legal agreement for this account. We note that the copy is not too clear, since we had to obtain this form our Archives as a/c opened in 1998. We also return your cheque for £1 as there is no charge for this service. There was a 1 page copy with this letter apart from my writing (like name address employer tel. no. etc)and signatures and dates, 95% of the pre-printed stuff is illegible. No T&C, no interest rates. at the top of this paper I can just about make out credit agreement regulated by cca 1974 but half of it is missing. Any comments whether this is acceptable.

Do any of the amounts match your credit file?

Pointless they work for the Banks

IMO, if you are behind with your payments then they can take the car from anywhere.

In the 90s it was quite common that you would issue suppliers a post dated cheque when you exceeded your credit limit, so the supplier would deliver goods the buyer would issue the supplier a P.D. cheque. On one such occassion this happened and the cheque was subsequently stopped, since there was a large rebate given to this supplier by the manufacturer to be paid to the buyer. The buyer knew that there was a large rebate coming but the supplier did not credit the buyers account hoping he can buy a few months before the buyer became aware of this. The buyer found this out and stopped the payment. The supplier takes the buyer to the court and the buyer argues that the supplier did not properly credit his account, the supplier argued that the buyer had been properly credited and since the buyer had issued the supplier a PD cheque this is an admission by the buyer that the monies are owed. The judge pointed out that giving a P.D. cheque is not considered an admission of debt. But dont mistake the above with acquiring with intent to deceive. i.e. if you pay for a product in a shop and then stop a payment, that would be deception.

You have to accept the fact that the personnel at ICO, TS, the Ombudsman, have not had to deal with such complains or issues, in the past. Therefore their training is limited to writing standard letter/templates etc. Now inorder for them to deal with these complex issues they need to a higher level of training. For example in the past TS used to mainly deal with compalint about rogue traders, trades description etc, but when it come to finance, white collar etc, thats a different ball game altogether.

Why would a dormant company need a trading name, unless they now realised what a b..b.. they made of the whole thing

I am actually quoting a judge going back 15 years. In a county court case.

The dispute is between Paypal and the buyer, since he is not saying he didnt receive the service/goods, simply he did not authorise the debit. I dont think you have a case to answer.

issuing of post dated cheque is not admission of debt. However in banking terms there is no such thing as post dated since banks do not like customers issuing them. Years ago there were Bills of Exchange which was like issuing a post dated cheque and could not to banked before the due date, must admit haven't come across this lately