Default registered legal?

[Laney65]

Can a DCA that has admitted no CCA exists either with them or the orignal creditor because none was ever signed (catalogue account) and will no longer be chasing payment register a default on my credit file?

 

I have 2 defaults on my credit file from the original creditor and the DCA for the same month and yet they admit there is no CCA.

 

Is this correct or can I get them to remove the information and defaults?

 

Cheers.

Edited January 29, 2009 by Laney65
Spelling.

[silverfox1961]

Hi,

You can demand they do it but they will fight tooth and nail before they do.

Send a s10 data protection act demand and see what they come back with.

 

fox

[42man]

Get them removed !!!

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382 and this one too below (which was won in court !!)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/173208-successful-court-action-default.html

[Laney65]

Can a DCA issue a default on my creit file on an account that they admit has no credit agreement?

 

This was a catalogue debt which both the OC and DCA say there is no credit agreement but they have still both registered a default on my file.

 

Is it worth trying to remove them?

 

And as a sideline I have recently spotted on my credit file attributed data that belongs to my twin brother that doesn't even live here? Can I get this removed?

[cerberusalert]

Can a DCA issue a default on my creit file on an account that they admit has no credit agreement?

That's a bone of contention, FOS & the ICO seem to say yes but in the absence of an agreement no permission has been given by you to process your data. You could send them http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

And as a sideline I have recently spotted on my credit file attributed data that belongs to my twin brother that doesn't even live here? Can I get this removed?

Yes unless you are financially linked such as you having a joint a/c or you have acted as a guarantor for him. Otherwise notify the CRA & tell them to remove the link.

[postggj]

Can a DCA issue a default on my creit file on an account that they admit has no credit agreement?

 

 

be a dog with a bone on this one

 

dont let go and dont accept any knock back letters

 

no agreement, no permission to process data

 

in your letter try and get them to quote what piece of legislation they are relying on to continue to process your data with out an agreement

 

i had this with hbos for 8 months

 

default gone

 

me thinks they got fed up with my continued letters