Information Commissioner rejecting my complaint!

[Lapos]

Hi All,

 

i am just picking up on some defaults that I've been battling but kind of gave up on last year after getting dis-heartened. The event that stopped me in my tracks was the Information Commissioner rejecting my complaint.

 

I complained on the grounds that the banks in question is recording data without my consent as they have failed to furnish me with a copy of the original credit agreement or any proof that they had my consent to record data on me within the prescribed times.

 

The Information Commissioner replied with the somewhat surprising response as follows;

 

"Unfortunately from information you have provided us this is not an issue that we can assist you with.

 

This is because you have made your request for a copy of your credit agreement under the consumer credit act. The information commissioner does not regulate or advise on the consumer credit act.

 

In order to pursue this matter i would advise you contact the office of fair trading.

 

I am sorry we're not able to help you."

 

 

Now as far as I'm concerned and from what i have read this is th Information Commissioner's issue. The bank are recording information on me without consent. Am i wrong??

 

What should i do guys? I've just put in CCA requests again and intend to see it through till the end this time. i want to be prepared for the next stage when they don't reply, should i just go to the OFT this time??

 

Thanks

 

Carl

[johnharding]

Hi All,

 

i am just picking up on some defaults that I've been battling but kind of gave up on last year after getting dis-heartened. The event that stopped me in my tracks was the Information Commissioner rejecting my complaint.

 

I complained on the grounds that the banks in question is recording data without my consent as they have failed to furnish me with a copy of the original credit agreement or any proof that they had my consent to record data on me within the prescribed times.

 

The Information Commissioner replied with the somewhat surprising response as follows;

 

"Unfortunately from information you have provided us this is not an issue that we can assist you with.

 

This is because you have made your request for a copy of your credit agreement under the consumer credit act. The information commissioner does not regulate or advise on the consumer credit act.

 

In order to pursue this matter i would advise you contact the office of fair trading.

 

I am sorry we're not able to help you."

 

 

Now as far as I'm concerned and from what i have read this is th Information Commissioner's issue. The bank are recording information on me without consent. Am i wrong??

 

What should i do guys? I've just put in CCA requests again and intend to see it through till the end this time. i want to be prepared for the next stage when they don't reply, should i just go to the OFT this time??

 

Thanks

 

Carl

 

As I understand the law, the Data Protection Act specifies all data must be accurate and you have the right to amend inaccurate data.

 

You can't default on a credit agreement which doesn't exist, so the defaults shouldn't exist if no credit agreement exists. So.....get the lenders to verify that there is no valid credit agreement, and then hit them with a DPA request to remove the defaults.

 

I do know that banks and Credit Reference Agencies don't see it like that, but the spineless ICO should be helping you.

 

Citizens Advice Bureau might be a good port of call. I would also garner some more opinions. I am not aware of a test case and so far this is a muddy grey area.

[Tila]

You should also contact ur local MP and express your concerns

[rory32]

Before complaining to the ICO did you send the company a s10 notice under The Data Protection Act?

[Lapos]

Hi Rory,

 

Thank you both for your response,

 

all i sent was the CCA request, then a second letter threatening a IC complaint if they didn't respond, excuse my naivety what is an S10? is that an S.A.R.?

 

Regards

 

Carl

[rory32]

No. A S.A.R - (Subject Access Request) is done under section 7 of the Data Protection Act and is a request for personal data. Under section 10 of the Act you can ask them to cease processing your data (they have 21 days to respond). Sending a section 10 notice is really required before you make a complaint to the Information Commissioners Office. A template for a bank charges defaults section 10 notice is here. Obviously it would be slightly different in your case but it gives you the general idea. I would also suggest that you read The Data Protection Act.

[johnharding]

A SAR is a Statutory Access Request. This is when you give nasty people £10 and ask them for every piece of information they have on you. Mark Thomas (topical comedian) did this on one of his shows and got the MI5 to respond with all data on him. They sent emails with agents asking "did you see the show last week?". Seriously though, its really useful as it forces people you are in dispute with to disclose all the details they have on you.

 

A Section 10 request is sent to the nasty people (for free IIRC) and tells them to stop processing your data as it is causing me (well you) distress.

 

And if you ever need a cure for insomnia, or like me, work in IT then Data Protection Act 1998 (c. 29) is a good site to visit. It is the DPA verbatim.

 

Jo

[Lapos]

Good morning Guys,

 

Thanks again for your replies. I know realise what an S10 is, i actually sent one last week to HSBC i just didn't realise it was an s10 if that makes sense?!

The thing is I've heard/read that the IC has been taking the lenders side recently when it comes to processing default data. 2 of the lenders i am 99.99% sure have no credit agreement but my HSBC loan i know they do, The loan was settled last April and i have sent a S10 from a template on this site(curlyben's i Think) so am wondering what course of action to take as it seems the IC is as much use as a chocolate fire guard lately!

 

Is it looking like court action for all of them? what do you think guys?

 

Thanks

 

Carl