2 defaults Egg and Vodaphone - Default hell!!

[bongobaz]

Bongobaz, any news to report?

 

Have you had replies from the CRA's? And if so what?

 

The deadline I gave to the CRA's expires tomorrow and I have yet to hear anything.

 

Pete

 

still heard nothing from any of them!!

 

1st deadline was 18/8 then sent a reminder and that deadline is tomorrow!!!

so dont know what the next step will be????:-|

[Number6]

Hi ANNALH

 

See my post http://www.consumeractiongroup.co.uk/forum/legalities/26275-credit-ref-agency-reply.html

 

Is this the same as your reply?

 

Pete

[Mike220359]

Further to posts 224 & 225.

 

If you have given them a deadline stick to it, to continulaly extend it - even once is a sign of weakness and one that may be exploited. If you've served the notices properly, as I did with my section 12 requests, and they don't reply within the timeframe, then report them to the Information Commissioner. They are not going to give anything unless you get tough in the way you handle them.

 

My deadline's up for the three CRAs on the 29th, if there is no positive news by then the letters go of to the IC.

 

Remember they cannot be found in contempt of any aspect of the act or they lose their licence, no licence, no business.

 

 

Mike

[bongobaz]

Further to posts 224 & 225.

 

If you have given them a deadline stick to it, to continulaly extend it - even once is a sign of weakness and one that may be exploited. If you've served the notices properly, as I did with my section 12 requests, and they don't reply within the timeframe, then report them to the Information Commissioner. They are not going to give anything unless you get tough in the way you handle them.

 

My deadline's up for the three CRAs on the 29th, if there is no positive news by then the letters go of to the Information Commissioner.

 

Remember they cannot be found in contempt of any aspect of the act or they lose their licence, no licence, no business.

 

 

Mike

 

thanks mike!

 

how do i go about with the information commissioners??

do i send them a letter and copies of all three letters to cra??

any one have a draft letter how to word my complaint or go further with this??

 

want to get one drafted up and out in tomorrows post!!

[un1boy]

a quick question - i sent default noticve request to hsbc giving them 14 days to reply. 14 days are up and no reply at all. i am still paying the debt through a DCA. how do i go about stopping payments as i am under the impression that after 14 days if they do not provide it i do not have to make payments then if not supplied after another 2 weeks then it's written off?!

 

any help gratelfully received!

[Mike220359]

Further to post 231.

 

un1boy, reaaly should have sent the notice to the DCA since they are dealing with your case. HSBC and the DCA can get out of that one because the paperwork may not be correct. I'm afraid that you may have to start again with the DCA, asking for the original agreement. But once again stick to your deadline and report them to the OFT, (complaint form is on the 'net) when they don't come up with the goods.

 

In the OFTs guidlines for DCA, paperwork is one of the areas that are pivotal in maintaining credit licences. No livence, no DCA

 

Mike

[Mike220359]

Further to 231

 

Bongobaz, I would get onto the Information Commissioners website and follow the links for making a complaint. Remember like all regulatory bodies, they try to make things easy for the little man so you don't have to come up with any high brow argument. Just tell it as it is. Obviously if you do have any paperwork and other copies, it will make thir job all the more easier. Don't woory.

 

Mike

[Mike220359]

Uniboy, just one other point. The debt may not be written off after the time intervals you talked about, it just becomes unenforceable under present law, unless you have written confirmation that the debt is indeed written off.

 

Mike

[bongobaz]

Further to 231

 

Bongobaz, I would get onto the Information Commissioners website and follow the links for making a complaint. Remember like all regulatory bodies, they try to make things easy for the little man so you don't have to come up with any high brow argument. Just tell it as it is. Obviously if you do have any paperwork and other copies, it will make thir job all the more easier. Don't woory.

 

Mike

 

thanks mike!

have been on there web site and submited the complaints - with copy letters for all 3 cra!!

 

see what happens next?

[Tinkerbelle]

thanks mike!

have been on there web site and submited the complaints - with copy letters for all 3 cra!!

 

see what happens next?

 

Bongobaz, can I suggest that you stick to one thread and then people will be able to follow your progress and offer advice that way.

 

For anyone else that is reading this, I would also suggest that you do the same - similar to the BAG threads. That way we can keep track of who's doing what and offer help where needed.

 

Good luck.

[un1boy]

Ignore waht I wrote before I edited this item, sorry!!

 

Thanks for your advice guys.

 

So, I should send my section 10 thing to the DCA then and start all over in terms of deadlines?

 

Is that right?

 

Thansk

[andrew1]

I wouldn't ignore Tinkerbelle - she bites

[un1boy]

God Sorry- I didn't mean ignore tnikerbell!!!

 

I wrote somethign in my last post then edited ot and erased it all - i meant, ignore what I wrote before. God, Im sorry tinkers - please forgive me?!!

[Tinkerbelle]

...Had missed it anyway!

[Stellabella]

Dave, The Administrator posted and below is part of his thread. Did anyone reply to it? I just wondered if as he says, "would you be penalised by the searching company, with them then assuming you have something to hide"? Anyone have a thought on it?

 

 

 

"I am interested to know though, if you were to effectively take yourself out of the automated searches, theoretically you could be penalised by the searching company, as they would assume that you have something to hide - or am I barking up the wrong tree?"

__________________

[Mike220359]

Further to post 241.Theoretically, that may be the case, but there is nowhere under the DPA allowing anyone to infur or make assumptions. The data has to be stored as cold facts only.Mike

[Bigmac versus]

I would think this could lead to probs as it wouldnt show your electoral roll at that address either, maybe im wrong though,has been known,lol.

[THEVARNSTER]

Data protection act:

Crime and taxation. 29. - (1) Personal data processed for any of the following purposes-

• (a) the prevention or detection of crime,

• (b) the apprehension or prosecution of offenders, or

• © the assessment or collection of any tax or duty or of any imposition of a similar nature,

are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

(2) Personal data which-

• (a) are processed for the purpose of discharging statutory functions, and

• (b) consist of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in subsection (1),

are exempt from the subject information provisions to the same extent as personal data processed for any of the purposes mentioned in that subsection.

(3) Personal data are exempt from the non-disclosure provisions in any case in which-

• (a) the disclosure is for any of the purposes mentioned in subsection (1), and

• (b) the application of those provisions in relation to the disclosure would be likely to prejudice any of the matters mentioned in that subsection.

(4) Personal data in respect of which the data controller is a relevant authority and which-

• (a) consist of a classification applied to the data subject as part of a system of risk assessment which is operated by that authority for either of the following purposes-

• • (i) the assessment or collection of any tax or duty or any imposition of a similar nature, or

• • (ii) the prevention or detection of crime, or apprehension or prosecution of offenders, where the offence concerned involves any unlawful claim for any payment out of, or any unlawful application of, public funds, and

• (b) are processed for either of those purposes,

are exempt from section 7 to the extent to which the exemption is required in the interests of the operation of the system.

(5) In subsection (4)-

• "public funds" includes funds provided by any Community institution;

• "relevant authority" means-

• • (a) a government department,

• • (b) a local authority, or

• • © any other authority administering housing benefit or council tax benefit.
  • What i believe this means is, that if your data is being used for prevention of crime, its not subject to all conditions, but is subject to schedule 2+3
  • SCHEDULE 2
    CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF ANY PERSONAL DATA 1. The data subject has given his consent to the processing.
    2. The processing is necessary-
    • (a) for the performance of a contract to which the data subject is a party, or
    • (b) for the taking of steps at the request of the data subject with a view to entering into a contract.

    3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

    4. The processing is necessary in order to protect the vital interests of the data subject.

    5. The processing is necessary-

    • (a) for the administration of justice,
    • (b) for the exercise of any functions conferred on any person by or under any enactment,
    • © for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
    • (d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

    6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

    (2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

    [*]The point i would make, is that CIFAS

    are not the 'administration of justice'

    but a group of financial organisation,

    coming together to prevent fraud.

    They are not a government organisation

Therfore what right do they have to hold our subject data, without our consent.

Any opinions???

[THEVARNSTER]

Northern Ireland Court Service

 

The Northern Ireland Court Service is responsible for the administration of justice in Northern Ireland. Its role is similar to that of the Court Service in England and Wales, but it is also responsible for providing legal assistance

 

Department for Constitutional Affairs -

[jimfishybob]

Re: Post 243.

 

The electoral roll is a public information document and is not related to your credit file. It IS related to your credit score as lenders like to ensure you are living where you say you are. But the CRA files and electoral roll are checked seperately.

[graham]

hello

ive been reading surlybonnds posts about getting took off the automated process at the credit agencies ,sent letters off start of last week and have had reply from EQUIFAX and Experian both fobing me off whats you advice about the next step to take ,any help will be great in sorting my next letter out as well

many thanks

[Number6]

hello

ive been reading surlybonnds posts about getting took off the automated process at the credit agencies ,sent letters off start of last week and have had reply from EQUIFAX and Experian both fobing me off whats you advice about the next step to take ,any help will be great in sorting my next letter out as well

many thanks

 

Graham

 

See my thread here:

 

http://www.consumeractiongroup.co.uk/forum/legalities/26275-credit-ref-agency-reply.html

 

It may be of help to you.

 

I think Surly is on his hols because he hasn't replied to any of my posts asking for him.

 

Pete

[Bilgeman]

 

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

 

To that end, I look forward to receiving your confirmation by close of business of ...[date it nine days hence to give them time].

 

Yours, etc"

 

 

Going back over this thread I looked again at this brilliant piece and I'm intending to send it to the agencies after reading through the rest of the thread (got a day off and I'll probably need it) but I wonder if it might be better to add 'written' confirmation and instruct them not to telephone about the matter.

[andrew1]

Graham

 

 

 

I think Surly is on his hols because he hasn't replied to any of my posts asking for him.

 

Pete

 

 

After what he's been writing, you don't think he's been abducted do you?

[Number6]

Being held in a dank cell somewhere ooop norf??

 

Pete