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Mint - No CCA But Will Still Report to CRA


toddle2u
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I have today received a letter from Mint in which they state 'the relevant card agreement has been misfiled and we are unable to locate it. Our records of the account are insufficient in detail for us to recreate the agreement with the required degree of certainty this course of action requires'

 

They then go on to admit that it is uneforceable through the courts but will continue to chase it in their usual way and 'Updates will continue to be sent to the CRA's to reflect an accurate statement of your credit card account'

 

How the hell can they do this when they don't have an agreement! This must be a complete breach of the DPA.

 

Would appreciate peoples thoughts on this

 

Toddle

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You could send them a "s.10" letter which revokes any authorisation of data process.

 

try this one:

 

Notice pursuant to s.10 of The Data Protection Act 1998

and

Notice of intended Data Protection Act complaint.

 

 

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXX

 

I am now in reciept of confirmation that you do not hold a valid agreement.

 

Take Notice that I require that you cease from processing within 7 days of the receipt by you of this letter any information about myself. Having provided me with evidence that you do not have my permission is sufficient enough for me to make a formal complaint to the Information Commissioner

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Further take notice That I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me should you ignore this request

 

This is in addition to any rights which I may choose to enforce under the law of defamation.

 

signed

dont sign print!

and send recorded/signed delivery!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

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