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s.10 POC help


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Hi

 

Need help with my POC please, I issued First direct with a s.10 notice due to inability to obtain a morgage and sky high intrest rates on future credit due to the history of my non-credit bank account with the CRA's, obviously thay will not comply, 10 days to go. I have had there final response and sent LBA.

 

The POC is a mish-mash of bits from this site and my opinions.

 

Before i send them off are they ok? are they in the right order? i would appreciate any hints or advice.

 

1.The Claimant had a “non-credit” Cheque account ******** with Defendant starting 31/08/2006 ending on 04/02/2007 conducted on their standard terms and conditions at that time.

 

 

2.The account history and several “default markers” processed by the defendant continue to appear on the Claimant’s credit reference file relating to settled “non-credit” Cheque account ******** closed on 04/02/2007.

 

It is the Claimant’s contention that:

 

3.The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2007, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress.

 

4.The defendant failed to comply with a Statutory Notice issued by the Claimant under s.10 of The Data Protection Act 1998.

 

5.The Defendant continues to process the Claimant's account history & default markers through their data processors of Equifax, Experian Call Credit without meeting any of the Conditions relevant when such a notice is served, namely Paragraphs 1 to 4 of Schedule 2 of The Data Protection Act 1998.

 

6.The damage and distress relate to the difficulty obtaining a mortgage or credit for the next 6 years and the inability to obtain credit or a mortgage with competitive interest rates also for the next 6 years, mainly due to the account history & default marker processed by the defendant regarding this “non-credit” cheque account ********.

7.The defendant is in breach of Principle 2, and therefore also in breach of Principle 1 of The Data Protection Act 1998 in misleading the claimant, the claimant is referring to the terms & conditions applied to Cheque account ******** concerning the data retention period.

 

Accordingly the Claimant claims:

 

8.An order from the courts that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act.

 

9.An order from the courts under s.14 (4) Data Protection Act 1998 for Erasure or destruction of the data – including but not ending at details passed to the Credit Reference Agencies.

 

10.Court costs.

 

 

 

Thanks.

 

 

:!:
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by virtue of s.10, overdrafts are, indeed, regulated consumer agreements and therefore fall within the remit of the Consumer Credit Act 1974, as amended - as “running account credit”

 

Where was that drawing board!

:!:
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This should help with clarification on your issue, I feel;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/87855-overdraft-cca.html

 

Take a look at my Barclays Default Removal thread, as I have similarly worded POC (along with a Personal Loan agreement I'm claiming on) here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html

 

Your POC looks ok for a first pass, but you'll need to go in to much more detail later in the proceedings.

Always happy to help where I can!

:lol:

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