1st of all I would like to say I have been a lurker of this forum for ages now and have gained some great knowledge. Even my mum has used some templates letters from here and done well. So would like to thank you all and if there is a way I can donate then please let me know.
I don't have many problems with my credit apart from one account I had with Welcome which is now being looked after by 1st Credit. I honestly dont remember receiving a default notice from them, so seeked the advice of this forum and got the info I needed.
I 1st sent the CCA request, requesting my CCA, deed info and default notice. They replied with pretty much automated letter and attached a copy of the agreement.
CCA Request response from 1st Credit, as you can see they didn't even respond to my requests for default notice and any deed info.
Signed agreement, is this the correct document they have sent ?
I rang them (bad mistake) and asked about my letter, they were just so rude and always talking over me. I would suggest to anyone NOT to ring the,. I was asking why the leter they sent made no reference to any deed info and copy of default notice. They kept saying "ive read your letter and we have sent you your CCA" got no where and I said ill be sending another letter.
Again seeked the advice and info from this forum and sent 1st Credit this letter. It is quite long, if its best to scan it and upload admin please say. Thanks to ffcous, who I got most of this letter from 8)
Client: 1st Credit Limited
Debt: Welcome Financial Services
Client Ref: CRE XXXXXXX
Thank you for your response on behalf of 1st credit dated 12/08/2010.
However I don’t believe you have understood my previous communication dated 09/07/2010. In which I specifically requested the following:
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
The response given in your letter dated 12/08/2010 only addressed point 1. Points 2 and 3 have been ignored.
Due to the nature of this I will now grant you with a further 10 days to complete my request before I take this up with court action which will result in yourselves defaulting and I will make sure the public are aware of this case.
Upon signing my contract with you, I only gave you permission to log my account dealings whilst the contract was in place. If you read the wording of that contract it states quite clearly that I "give permission for Welcome Financial Services to supply credit reference agencies with information relating to the conduct and payment history of my account." I neither agreed to any other purposes, nor did I agree for that clause to include the term "in perpetuity".
As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:
“3. personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. personal data shall be accurate and, where necessary, kept up to date.
5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”
In my case, you are still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.
This is confirmed in Principle 2 of the Data Protection Act, which states:
"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."
I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed".
May I also advise you of my findings regarding this so called legal right to place an adverse entry on my credit file for up to six years. One of your colleagues advised me that “it is law to keep a default on file” I was amazed to hear this and that you have staff employed advising customers this incorrect information.
I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a “legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is