Defaulted by Redcats

[netwarriors]

I'm really posting this up for reference in the hope it may help someone.

 

I noticed that I was defaulted in 2006 for a supposed debt owed to Empire Stores. It has taken two years to get where I am now and hopefully the information might help others.

 

The default was placed on my credit file by Redcats UK Limited. This is important in that Redcats UK Ltd were a dormant company until 2004 and then in 2005 they were dissolved.

 

As they were dissolved how could they have put a Default against me a year later in 2006?

 

I have consequently been in contact with Redcats UK PLC, a completely different company, who have acknowledged that they own the debt despite there being no paper trail.

 

This again is important in that no properly executed CCA can be produced. Secondly it is important in that the Default was originally registered by a company that I had no agreement with and therefore under the DPA1998 were not allowed to publish information to authorised third parties - such as a Credit Reference Agency.

 

So far they have breached:

 

Data Protection Act 1998

Administration of Justice Act

OFT debt collection guidelines

 

and potentially - the most important of all is Obtaining Pecuniary Advantage by Deception for trying to collect on a debt that wasn't there's to collect on.

 

There are some very strange things going on inside Redcats so watch here for more informaiton and any updates.

[Dipply75]

Morning netwarriors, very very interesting!

 

Redcats defaulted me in 2004 also. Not only that but they then got a ccj against me which I knew nothing about until they tried to arrest my wages....in 2005.

 

I am now starting the fight with them so any gems like this are much appreciated. As I say, very very interesting

[simon1003]

I have just had a reply from Redcats, saying that unfortunately we don't have a copy of your CCA so we cannot pursue this alleged debt. But in the mean time we're defaulting you and trashing your credit file.

 

Can they trash my credit file like this whilst admitting in the same letter that they have no CCA whatsoever?

[netwarriors]

No they can't. Infact you are in the same position as I was. They will claim that under some OFT directive that a lender can post anything with a CRA without requiring permission - however if you read the notice they send you it actually refers to how CRA's post information handed to them from their lender.

 

Unless they can prove they have a signature from you giving them permission to share information with a third party they can't divulge teh information.

 

Best thing to do is send them a Section 10 notification under the DPA:

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

Notice of intended Data Protection Act complaint.

 

The Data Protection Unit,

Customer Relations Department

Park Lane

Liverpool

L72 1LQ

 

Acc No:

 

Dear Sirs

 

As Redcats PLC have failed to provide a copy of a contract clearly showing my granting permission for Redcats PLC to share information with third parties under the DPA1998, it is apparent at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore Take Notice that I require that you cease from processing and remove all data in relation to myself within 7 days of the receipt by you of this notice insofar that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of account details in respect of defaults or contractual breaches.

 

This Notice is given on the grounds that the past and 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.

 

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

 

Kind regards

[simon1003]

Thanks for the quick reply netwarrior, do you mean send the above letter to redcats or to the credit ref agencies?

[netwarriors]

Send it to Redcats

[simon1003]

Will this force them to consider removing any default they've placed on my file?

[netwarriors]

They have to remove everything ever passed on to a third party and remove and stop processing any data they have in relation to you or your supposed account with Redcats.

 

It's not 100% guaranteed and if it doesn't work raise a complaint with the ICO.

[simon1003]

Thanks again netwarriors!