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Found 34 results

  1. Hi, I had an agreement with MBNA where they would hold all interest, as long as I paid the debt off within 10 years. The amount owing was divided up in 120 months (10 years). However, in the mean time, they have decided to sell the debt, at the same time as our financial situation has changed. The monthly payments are now less. They write to inform me that I am in arrears. The DCA have said the following, is this right does anyone know?? The payment was set by MBNA, based upon, I assume a previous Income and Expenditure form at the point of being 'charged off' which means no further interest is applied to your account but it does mean that this is your 'normal monthly payment'. This can not be amended now as it was sold on this way. It is also less than the 5% normally applied to credit card accounts. And so, we are happy to accept your offer of payment but as it is does not meet your contractual payment the arrears will continue to accrue. We have a legal obligation to reflect accurate data to the Credit Reference Agencies, which also includes arrangements, missed payments and arrears and so your data entry at the credit reference agency will be updated with this information.
  2. I found the threat about Fendy-v-HSBC https://www.consumeractiongroup.co.uk/forum/showthread.php?83821-Fendy-Can-I-Get-Statements-From-Old-Midland-Bank-Account-20-Years-Ago I was interested because i was a customer with Midland bank, then rolled over to HSBC when HSBC took full control over Midland Bank. I had a situation where, after rolling over to HSBC, i spent time away losing contact with the HSBC representatives who Dealt with my every needs (Year 1994-1995). I returned to HSBC in 1997 to open a new account, staff then did not want to provide me details of older accounts (1994-1995 accounts). i opened new accounts and lived my life avoiding the intimidation. In 2016 I read an article the HSBC can trace or locate Midland bank accounts, and that there is an Inactive account process where HSBC may hand dormant accounts to the BBA. i filed forms with HSBC and the BBA to see if they could locate the accounts. I was not asked, but the accounts i held in 1994-1995, the accounts i wanted to recover where frozen due to attempts of Unauthorized access. I only assumed they had gone in to dormant or inactive account process. HSBC representatives tell me The bank only holds records for a period of seven years, Unless i can prove HSBC holds records for a longer period of time. I referred to the Inactive accounts. Now HSBC Inactive accounts state that "If your account is in credit and has been dormant for at least 15 years, we may transfer balances of dormant accounts to Reclaim Fund Limited (RFL)" HSBC also claim that Yes Midland Bank became part of the HSBC Group in 1992; therefore we can help you trace any dormant Midland Bank accounts and reunite you with your money. how do i get in touch with the right people working for HSBC, to get reunited with my Money as, so far, They claim they can not find any records as HSBC only holds records for 7 years. Let me know if you guys know of laws or other i can highlight to get better assistance from HSBC who do not reply to me after i highlighted HSBC holds dormant accounts for at least 15 years.. I was trying to get back over A £ 1 million pounds, But i do not know how to get HSBC to find the account that was frozen during the 1990's due to unauthorized access attempts
  3. Thought id challenge the processing of my personal data by a former employer in relation to my banking data, death-in-service beneficiaries and emergency contact details (wife and son's personal data). I left the company in June 2016. The ICO's public guidance is that the aforestated data should be deleted once the employee leaves the company. The ICO has just made a decision that is contrary to the public guidance??? the decision states companies can process the data for seven years. This is bizarre - either the public guidance requires amending or the ICO decision in my case is plainly wrong. What chance has joe public got??????? Below is the ICO's public guidance. Example An employer should review the personal data it holds about an employee when they leave the organisation’s employment. It will need to retain enough data to enable the organisation to deal with, for example, providing references or pension arrangements. However, it should delete personal data that it is unlikely to need again from its records – such as the employee’s emergency contact details, previous addresses, or death-in-service beneficiary details.
  4. Hello. My employer tried to make a thing about how I performed my duties whilst working on the shop floor. Whilst going over the footage with them (nothing found), I seen that the CCTV showed footage of me getting changed down to my underwear (as there are no changing rooms). HR and my supervisor have both seen this footage. The employer hasn't registered with the ICO to use the CCTV but also hasn't put up signage, etc in the workplace to say that CCTV will be used and watched. Is there a legal position on this or am I getting needlessly upset?
  5. I recently looked up my employer on the ICO site as to what data that are registered as being able to use and share. Website here: https://ico.org.uk/esdwebpages/search There are a number of things that I have noticed that I am wary of in bold, below: Nature of work - General business Description of processing The following is a broad description of the way this organisation/data controller processes personal information. To understand how your own personal information is processed you may need to refer to any personal communications you have received, check any privacy notices the organisation has provided or contact the organisation to ask about your personal circumstances. Reasons/purposes for processing information We process personal information to enable us to promote our goods and services, to maintain our accounts and records and to support and manage our staff. Type/classes of information processed We process information relevant to the above reasons/purposes. This may include: personal details family, lifestyle and social circumstances financial details employment and education details goods or services provided We also process sensitive classes of information that may include: physical or mental health details racial or ethnic origin religious or other beliefs of a similar nature trade union membership Who the information is processed about We process personal information about our: employees customers and clients suppliers and services providers advisers, consultants and other professional experts complainants and enquirers Who the information may be shared with We sometimes need to share the personal information we process with the individual themself and also with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act (DPA). What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons. Where necessary or required we share information with: family, associates and representatives of the person whose personal data we are processing employment and recruitment agencies current, past and prospective employers educators and examining bodies central government credit reference agencies suppliers and service providers debt collection and tracing agencies financial organisations Transfers It may sometimes be necessary to transfer personal information overseas. When this is needed information is only shared within the European Economic Area (EEA). Any transfers made will be in full compliance with all aspects of the data protection act. Statement of exempt processing: This data controller also processes personal data which is exempt from notification Am I being paranoid here or does that say that they can / do share information about who are trade union members to prospective employers? I'm not saying it's blacklisting but........
  6. I had been with Natwest for 22 years and had a black account with the Gold Advantage Charge card. I was advised to become a company as I would be delivering a service through several agencies. Unfortunately, due to exceptional circumstances and include a bad personal relationship left me in debt and I am about £8 -9k in mortgage arrears on a house I rent out and a personal overdraft that was £12k. In 6 months that OD was cleared and both business and personal accounts were in the black. The difficulty in meeting the mortgage department for an arrangement to be put in place was mainly because this period was over the summer, they would meet with me after 5pm and if I called at 4.45 they would not deal with me. I sent in 2 income/expenditure spreadsheets but they clearly didnt see them but I managed to set up a DD for the mortgage online and I met the deadline. That evening all three of my accounts were closed. I called the callcentre and they said they didnt have me on record. I tried to log a complaint and they were too busy on the Friday but promised they would be in touch the next day. They never did. As a prelude they stopped my access to online banking even though there was no way of spending money or transferring out into other accounts so it made knowing where I was financially and who had paid me and hadnt. The worst thing is that I couldnt operate, I need supplies, sundries and I was without any money to buy food or even some milk. I told Natwest this but they told me all my funds were transferred into the mortgage. It took a further 3 months to work out what had happened and the cause was not offered to me by the bank whose level of investigation was looking at the screen in front of them whilst on the phone. They hadnt cancelled the previous direct debit so every month the original arrangement would draw funds then the older previously arranged dd would be rejected. This was recorded as a default. I tried to make it clear to them there was an arrangement in place, it utilised a payment system set up and approved by the bank and it was their job to find out where the money was disappearing to every month for three months instead they left it to me. I complained about being oushed further into hardship by continued charges I had no way of keeping track of as the online facility had been taken away four months before they closed me down, failed to log 6 out of 8 attempts to complain and didnt care that I had not a penny for two weeks. They tried to issue a repossesion order and I wrote in to the lawyer to say that was illegal as the account was under dispute. In the meantime, I asked for SAR to get all the account information and after three months all I have is mortgage account copies. The lawyers are now calling me and I am sure its about instructing me to pay the arrears within the week or they would issue a repossession order on the house. They cancelled the direct debit that existed so I was conscious to keep puttting funds in every month but trying to function without a bank account lost me more money and irretrievably lost more clients. I am expecting a lump sum of money that will clear the arrears but the knock on effect meant that I was late paying my suppliers and one has taken a county court judgement out against me and bankruptcy is where I am at if I dont have some means of a reprieve. Yes, they said that if i didnt have an arrangement in place my account woud be closed and they talked about recovery. Sounded to me it was going to get better! The arrears werent as much as my overdraft which i cleared in less than 6 months and they had said the the charge card was a different legal entity and when I called the credit card company customer services before they closed my accounts they said that there wasnt any money owed and that it would be fully operational once the mortgage arrangement was in place. That wasn't true and I also lost my 36,000 reward points as I had no online access and frankly more serious things to worry about. i cant really afford a litigation lawyer at the moment and have little faith in the FSA from what I am reading. The banks replies to my complaints are to issues that weren't raised and they have not taken notice of my plea to allow me access to funds I had to eat and drink. I was not notified clearly that every account would be closed down and as far as I am concerned there was an arrangement in place that obviously isnt integrated into the RBS network as they couldn't see that the money had been taken from the holding account and HSBC provided a fast pay reference number. You cannot open another bank account if you have mortgage arrears is what every other bank told me but once I called the Business Debtline they advised me to walk into a bank and ask to open an account. Why didnt the other banks suggest this to me? A week after submitting an application form for a Cashminder account with the coop was i able to restart rebuiding what Natwest pulled down.
  7. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  8. Made a subject access request to Santander. One of the acknowledgement letters they sent says this (in bold): If anyone here has made a subject access request to Santander, can you please check the Acknowlegement letters to see if it says the same. If it appears can you include a scanned copy of the letter on this forum. The ICO has told me: Santander acknowledgment letter also says this about call recordings: Santander did send me call recordings, but one of the recordings had a bit missing from the dialog. I've reported it to the ICO. They've just got back to me after 2 months and said I need to ask Santander for the missing data. I'll probably do that, and let everyone know if Santander does locate the "missing data". BTW, about storing call recordings under telephone advisor's login (and not by customer name or account number). I'm pretty sure the Data Protection Law says if a living individual can be identified from the data, then it's classed as personal data. Here's the quote from the ICO website:
  9. Please does anyone have any advice on this? The facts as they have been reported to me: Mr X leaves the property in 2008. Mrs X remains at the property and there is a verbal agreement that she will transfer the utility bills to her name. Mr X still legally owns the property until it is repossesed by the bank in 2010. In 2015 Mr X obtains a copy of his Equifax credit report and discovers that United Utilities have registered a default dated March 2015. Unitied Utilities will not remove the default as they say Mr X did not notify them he had moved/was no longer responsible for the water charges at the property. The ICO have today sent this response: Dear Mr X, I write further to my email of 19 February. Based on the evidence provided, I consider that it is likely that United Utilities has complied with its obligations under the Data Protection Act 1998 (DPA) in this case. I feel it may be useful to explain that a default on a credit file means that an organisation considers the relationship between itself and the individual to have broken down. United Utilities has explained that whilst the last payment was made in 2007, they had been attempting to chase the debt and a default notice was only issued in February 2015 when collections activity was deemed exhausted and the relationship was deemed broken down. United Utilities has explained that the credit for £268.88 was a false credit and has confirmed that that the default date of 14 March 2015 and default balance of £3093 were accurate and up to date at the time it was shared with Equifax. United Utilities has explained that they acted on the information available to them as you did not inform them that you had ceased being responsible for charges at xxxxxxxxxxxxx until May 2015. I understand that while the default will remain, United Utilities will request amendments to your credit file to reflect the subsequent information received by you. I appreciate you may be disappointed by this, but I hope the information provided above explains the reasons for our decision. Yours sincerely, Adele Roper Lead Case Officer Information Commissioner’s Office 01625 545 774 Is there anything to stop a company registering a default from so long ago, or would there be if an agreement was regulated by the CCA? Is there any point Mr X arguing that he did not take out a credit agreement with United Utilities? I believe that utilities companies have only recently been allowed to 'share' data with credit reference agencies, so it's not something Mr X would have agreed to/been aware of upon opening the account. Thanks for reading.
  10. Does anyone know how long it will likely take for Unison solicitors to review my case of bullying at work? I have asked my rep twice but she is not responding. I just wanted some estimate of the time as I am in limbo, I am desperate to leave my job but want guarantee of a good reference. I can't currently go into details regarding what has happened as it's too painful to even think about let alone detail here, but basically I raised a grievance against my line manager (partially upheld) and appealed it but am now subjected to mobbing by 2 senior managers & HR. I just wondered if anyone has any idea of how long I may need to wait? Also if Unison solicitors do not believe there is a case for tribunal can I still ask them to sort a settlement?
  11. Well, it's been a while since I've been on here. it was thanks to you guys on CAG that turned my life around in 2005/6 and stopped my stupid spending/credit splurge. I sent the prove it letters to my creditors and that was that. they screamed, shouted and yelled. threatened allsorts, but I stood firm and in the end the debts have fallen off my file. so they can 'nanas for it now. (still get the occasional letter asking me to contact them to discuss payment terms - yeah right) but anyways - hi everyone! I posted this on the Facebook group, and after a few replies and digging a bit , it was suggested I post it on the main forum pages for more thorough advice. So here goes. Once the date passed for the debts I talked about above to drop off my file, I got on to Experian and Equifax and got hold of my file. at the time. I thought to myself. heck. that'll be enough. Sure enough. I was debt free (in the eyes of my file anyway) so I left it alone. Few years ago (2012 ish) me and the OH decided we needed a loan to wrap up a few debts that she'd got before we met and to make life a bit easier. I'd been knocked out of the work market by a broken ankle that didn't heal properly and was on DLA at the time. She got refused as we'd had a few problems in the while I was off. So I thought. let's use my nice fresh credit file! result (ok so we embellished the application forms to make it look like I was earning) - refused I put the refusal down to income, but it didn't help our financial problems. So out came the payday loans. Soon we were borrowing from one to pay the other. And then my DLA stopped despite me not being able to work. I wasn't eligible for benefits as the OH was earning too much. so we spiralled. I've ended up with 4 defaults on my file again. and the OH had a handful too. So here comes the kicker. being the 'old hand' at the debt game that I am, the DCA can't frighten me. They keep hitting a dead end with their threato-grams So I decided recently, out of curiosity, to sign up for Noddle, since I could get my credit file for free. Of course, this would be the first time I've ever had my credit file from Callcredit. I get my gile and what do I find? In July 2011, 1st Credit created a link between me and someone else with the same forename, surname and DOB as me, but they are from Romford Essex. I'm from Sheffield - lived here all my life. never lived anywhere else. The difference is, my middle initial is L and this guy's is P on my file now is this other guys: Full name, Address DOB Mortgage and Mortgage account details + history His personal bank account A CCJ he received in January 2011 So no wonder I couldn't get credit. I've asked Callcredit to remove the address, name and accounts but they have so far refused citing that there is a proven link. I've sent a rather strongly worded email suggesting that I could report them to the ICO for a breach, not sure if that is right so what now? any suggestions? (sorry for the long rambling post!)
  12. Since 1988 we have been victims of fraud by a Building Society – now part of a major bank. In 2006 we exposed part of the fraud ourselves; the FOS upheld our complaint; on the same day the Building Society registered their displeasure by surcharging us an amount equal to twice the refund ordered by the FOS. Evidence discovered subsequently via the FOS (using the Freedom of Information Act) showed there had been other infractions by the Building Society. The City of London Police declared there have been fraud; we now have a case number. They asked us to forward details to the Financial Conduct Authority. Our mortgage was redeemed precisely on the prescribed date but, unknown to us at the time, the amount was split by the Building Society and used for other purposes. By way of explanation to the FOS, the Building Society claimed that an endowment policy had been inadequate. However, there had been no endowment policy used in the settlement. That had been the third piece of false evidence they had submitted to the Ombudsman. A surcharge valued at 10% of the mortgage was made against us by the Building Society soon after. There had been other such sanctions by the BS totalling over half the capital amount of the mortgage. At the time of our invoking the Freedom of Information Act 2000, the Bank seemed to be aware there had been earlier transgressions by the Building Society, for some pieces of information had been redacted. We have notified the ICO. Our numerous letters to the Building Society asking them to address these issues have been ignored for the past 7 years, They have however continued to charge us £40 routinely, now amounting to over £11,000, all of which is based upon a fake debt, contrived by the Building Society. Action Fraud have explained they are too busy to progress our case. The FCA do not deal with individual cases. I, at the age of 77, do not have the funds to confront a major bank at court. We have been given to understand that the Statute of Limitations (the 6 year limit) which is available to defendants at the FOS, should not be available in cases of criminality, and so our case was not suitable for the FOS to deal with, either in 2008 or again now. 1. Is there anyone who finds this at all familiar? 2. Does anyone have a useful suggestion on which way I should turn next for help? For reasons of brevity there is much I have not explained here, but I have compiled a chronological and more comprehensive account, cross referenced to a compendium of evidence.
  13. I am currently in a DMP and have been for over 3.5 yrs. One of my creditors is Idem, formerly with Moorview (same company) and before that Egg. They have maintained a '6' status for 3 yrs along with a DMP marker. I have complained to the ICO who have said that they are processing my data correctly in applying the '6' marker as arrears. I am obviously worse off than if the account had been defaulted as my DMP has 3 yrs left, making the plan 6 yrs in total. How they can get away with this practice as it's perversely unfair. My dilemma now is do I now stop paying to force a default or hope that in 3 yrs the impact of my '6' markers and DMP flag is the lesser of 2 evils. My understanding of the '6' marker was that it was a late payment marker, ICO's view is that the status is in relation to arrears. Can an ICO decision be challenged anywhere?
  14. 2005 Loan made to purchase a leased flat and the loan was secured by a first mortgage on the property (the principal charge). In 2006 the loan was sold or transferred including all of its interests to another company who then recorded their interest by way a charge using the original mortgage deed which was created in 2005. A few months later with out any knowledge being given to us the borrowers, the so called loan in equity only part was sold and put in a pool of mortgages then sold to investors using the Irish stock exchange. We now jump to 2013 when after repeated written requests of why do I have to now include an unknown party on my buildings insurance and who are the unknown party, I am informed that the party concerned in fact own our loan and have done so since 2006. (Nice to know! Thank you Arseden for informing us 7 years after the event ) A few weeks later I receive a written request to make all my future monthly mortgage payments the Euro shipping company instead(joke). I can,t and nor can any one else just sit back and let this happen any longer, I have had enough and wont stand for it any more. I have decided stand up to them. Do you realize what we all have done, We have put our homes at serious risk and been subject to a big time con, the banksters have without our permission mortgaged our property or home to someone else who is then trading it on the Irish stock exchange. In other words they have mortgaged your mortgage ,so what stops them from mortgaging the mortgage of the mortgage and so on! This is down right abuse! Sorry if there are any spelling mistakes I am dyslexic, help is need if I am to fight them using the law any way I can. Have lots of documents which may help other people who feel the same way as I do don’t mind sharing them and would look forward to hearing from any one in the same boat.
  15. Telemarketing companies that hound members of the public with unwanted calls could become easier to penalise under new government plans. Culture Secretary Maria Miller wants to allow the Information Commissioner's Office (ICO) to take action against offending companies more easily. And the Ministry of Justice (MoJ) will consult on imposing heftier fines. The ICO received 120,310 complaints about "unsolicited marketing calls" between April and November last year http://www.bbc.co.uk/news/uk-26806116
  16. I keep getting spam texts off Brisk Buck offering me the exciting opportunity to take out one of their very reasonable loans. This text comes through as 'BriskBuck', does not give a number, cannot be replied to, and does not give the option to unsubscribe (not convinced I subscribed in the first place). It does, however, contain a link to their website. Unless I'm missing something, their website has absolutely no way of contacting them. There's no email address, phone number, postal address, and I can't see any registration details e.g. consumer credit license etc. They also claim "We are the UK's leading payday loan provider". Really?? Please tell me these dodgy shysters are breaking a tonne of rules? I've reported them to the ICO, on one of those form-filling & box-ticking jobs, but I'd love to know if there are other bodies I should be reporting this to? Yes, call me petty, but PDL companies caused me a lot of upset in the past and if I have the tiniest chance to contribute towards getting them stopped then I'll take it.
  17. Hi guys i sent a standard cca /soa/default request to a high street bank via recorded delivery which having just checked was delivered to them in early july. I have had absolutely no response at all, not even an acknowledgment. The default was made up solely of charges which i refused to pay. what do i do next? thanks
  18. New Subject Access Code of Practice The ICO has published its new Subject Access Code of Practice. During 2012/13 the ICO received more complaints about subject access requests than any other topic, with over 6,000 complaints handled during this period. One in six of these complaints related to the financial sector, while one in ten related to the health sector. A link to the new Code of Practice is below: . http://www.ico.org.uk/~/media/documents/library/Data_Protection/Detailed_specialist_guides/subject-access-code-of-practice.PDF
  19. A police force must stop using number plate recognition technology after a warning from the UK's data watchdog. The Information Commissioner's Office said Hertfordshire Constabulary's use of cameras in and around the town of Royston was in breach of the law. It said the force had failed to carry out required privacy impact checks. http://www.bbc.co.uk/news/technology-23433138 A full copy of the ICO's "Enforcement Notice" and Press Release can be read here: http://www.ico.org.uk/news/latest_news/2013/Police-use-of-Ring-of-Steel-is-disproportionate-and-must-be-reviewed-24072013
  20. Affidavit's Wanted Please Preparing for the case ahead, clydesdale I know will use the "it was only a one of administration error" line alongside their proposed defence. I want to show the court that infact failure to provide documentation under section 7 of the DPA 1998 is rife across the industry but in particular within this bank. I am trying to collect as many affidavits from people who have banked with clydesdale and had problems of this nature to use as evidence that this is not a 1 time occurance. 3 Years and still no data from them. Anyone willing to help?
  21. The Information Commission is trying to bring an end to the modern plague of unwanted messages * ICO wants victims to contact them so they can fine those responsible for the stream of calls http://www.dailymail.co.uk/news/article-2211214/Is-end-unwanted-texts-PPI-firms-Two-men-face-250-000-fine-sending-millions-messages.html
  22. Has anyone else come accross the following campaign that pops up while on CAG forum? Does anyone know who can be credited for the campaign? Vodafone, ICO or CAG ''Vodafone and your credit file We are getting a disproportionatenumber of complaints that Vodafone is damaging people's credit files throughcarelessness and poor systems. If you have suffered as a result of inaccurate data being entered onto your creditfile then you are not alone. You should make an immediate written complaint to the:- Information Commissioner'sOffice Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF or call the Information Commissioner on 01625 545745 The more official pressure which is put on Vodafone, the more likely they areto sort their systems out.''
  23. Long overdue but looks likely to stop those PPI and accident claim txts. http://www.dailymail.co.uk/news/article-2211214/Is-end-unwanted-texts-PPI-firms-Two-men-face-250-000-fine-sending-millions-messages.html
  24. Hi all, I received my reply from the ICO saying that my previous employer was "unlikely to have complied with the DPA due to them not supplying the information requested within the 40 day statutory period." also that the amount of time they took to request the fee, was excessive. When I requested my details, they had no clue what I was requesting. They sent me my "personnel file" when I queried this (I had worked there for 16 years so it was quite substantial!) and told them it was everything that they had on me, I received another package with some other bits. But I am still convinced that there are other documents that I do not have. With the ICO coming down on my side I am contemplating my next steps. Is it: I send my ex employer a letter again requesting the information and requesting compensation? Or Go straight to the small claims court seeking damages and distress caused? There is conflicting information to do one or the other and just looking for some advice Thanks
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