Data Protection Act and default notices etc

[Valhalla]

Hi,

 

This is a general question that could be of interest to anyone. Please could someone put it in a different thread if this is not the correct place or re-direct me to another thread if this subject has already been dealt with ? Thanks

 

If I am disputing the validity of an agreement ( credit card in my case but I guess it could be any type of loan ) and stop making payments, is the lender allowed to continue to issue late payment advices to credit reference agencies and default notices ?

 

Am I allowed under the terms of the DPA ( section 10 ) to give notice to the lender's data controller not to process and data relating to me

( In effect to withdraw my consent for any suich data to be distributed to thirs parties )

 

Thanks in advance for any light that anyone can throw on these issues

 

Valhalla

[The GodMother]

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

Type dont print.

remember to say the acc is in dispute.

[Valhalla]

Hi Godmother and thanks for your post.

First things first - congratulations on your soon-to-be-born daughter - happy news!

 

One question about your comments please

 

What do you mean by ' type not print ' ?

 

 

Judging for your own experience ( with Abound amongst others ) the fact that you write to these guys telling them not to process any data, issue default notices etc etc doesn't mean they'll take a blind bit of notice.

 

I suppose I'll have to wait and see what if any arguments that come back with as to why they feel justified in continuing to process data, and take it from there.

 

Thanks again,

 

Valhalla

[Valhalla]

Hello again Godmother,

 

Drafting a reply to MBNA this time and was wondering where I can find the legislation you refer to about the bank having to respond within 21 days explaining why they fail to comply with a request to cease processing data , not to mention all the other things that the bank is NOT allowed to do whilst the account is in dispute.

It would be good to be able to study this so as to avoid having to post similar questions on the forum every time something comes up.

 

Thanks again,

 

Valhalla

[The GodMother]

its under he Data protection act. the rest is consumer credit act of 1974 section 77-79 i think

 

I will find out more in the morning

[The GodMother]

type not print.

 

this is because some DCAs /OC have been known to use copy and paste to make documents look legal.

 

that is why we advise you type your name and not sign it

[rory32]

Judging for your own experience ( with Abound amongst others ) the fact that you write to these guys telling them not to process any data, issue default notices etc etc doesn't mean they'll take a blind bit of notice.

 

To a degree that's not the point. You need to follow certain steps in order to properly, at a later date, dispute the validity of a default/adverse credit entries against you.

where I can find the legislation you refer to about the bank having to respond within 21 days explaining why they fail to comply with a request to cease processing data ,

You would find it under section 10 of The Data Protection Act.

10 Right to prevent processing likely to cause damage or distress

(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.

(2) Subsection (1) does not apply—

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) in such other cases as may be prescribed by the Secretary of State by order.

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.