2 defaults Egg and Vodaphone - Default hell!!

[dayglo]

Hi Sarah - Vodafone are currently stating that they remain adamant that they are complying with the rules and only a judge or a new set of guides from the ICO will make them change their mind. I am sending one last round of letters today - demanding the evidence that allows them to ignore my notice and then it's off to court with an N1 form, £150 fee and that should be that. The particulars of claim are available on another thread in this forum about vodafone. Vodafone are, of all the companies we are aware of so far, being particularly unhelpful.

 

I'm involved in a 'testcase' with the ICO which goes towards getting the ICO to change their guidance, but I'm going to take them to court in parallel to this.

 

pm me if you like and I will send you scans of my correspondence with them to help you see what they are playing at and my responses.

 

most of it is available in my vodafone thread here

[Sarrahk]

thanks this is very helpful! I will PM about it soon, but be on monday as am up to eyeballs today and leaving work early! I have not even had a letter in response only a vague phone call! Let me know how IC case goes, thx

[ppauls150]

Hi Sarah nice to see you back On the notes with Vodafone i have really been hassling them over the last month or so. I have been dealing with Amanda Chandler as she says she is the only data controller. Now of late I have been emailing her as the response gets quicker but let me say the only real way that any of us are going to get things sorted is by issuing court proceedings. I have on many occasions gave them the opportunity to disclose the information but all they ever come back with is that they dont have to supply your credit agreement or when you ask them to prove that they have your permission to supply data to the cras her response to that is that they dont need your permission :O Cheek of it.

 

Anyway my advise is just give them the time that they need from a courts point of view that you have done things within your power to give them the opportunity to produce the documents and if they dont then start legal proceedings. Here is the Address that Amanda Chandler has told me to send my court papers to. Her reply

"I have no doubt that you will keep your word and issue court proceedings, and would advise therefore the our contact details for such course of action are:

Legal Department, Vodafone Limited, Baird House - Second Floor, Newbury, Berkshire, RG14 2FN"

On another note it might be worth doing what i did though they dont seem really willing to do it but i did tell them that i have explored every avenue and that the law does state that if the company in question cannot produce that you gave them permission to process your data then the CRAs should not allow them to. They do come back and say well we dont have to ask for proof, but when you tell them that the only way for them to prove it is to produce the documents and that in the interests of your personal data they should get off their backsides and actually check, that might get you somewhere.

[rustydog]

OMG! This thread is a fountain of default information. Don't wish to hijack this thread but my husband and family are in a default hell and not wanting to sound abit of a thicky (?!) not quite sure how to apply all of this information to our particular situation. Would really appreciate help.

 

It all started in February 2006 when my husband switched his current bank account from the halifax to lloyds. Lloyds told him that they would request all sums owed such as overdraft etc from the halifax and they would pay them automatically. In the meantime, we had sold our house and moved into rented temporarily until we found a house to buy. We thought we had found a house and had mortgage approved but for reasons unrelated the purchase wasn't viable and we carried on looking for another property, which we had finally found a few weeks ago. We applied for mortgage again only to be told no chance as my husband has now got a default.

What had happened apparently is that the overdraft of around £520 to the halifax was never paid by lloyds and halifax had sent hubby letter stating that if it wasn't paid off by the 1st August his account would be defaulted. He rang the bank and arranged for payment to be made to halifax on 31st July (but obviously it takes a few days to clear). In the meantime he contacted Lloyds who said that they hadn;t paid the overdraft because Halifax had never requested it and they have put this in writing, which halifax are disputing saying that they did request it but lloyds never paid. On 9th August husband received letter from a DCA stating he was defaulted and the amount was £14, which we have found out was interest added (which we didn't know about) and husband settled this remaining amount with DCA.

 

We have requested halifax take off the default as the account is settled and it wasn't really our fault but rather fault lies between them and lloyds but they refuse so we have put in complaint but they say this takes 8 weeks (and in the meantime we are stuck in rented accomdation with no chance of relocation!) We have since sent them an S.A.R - (Subject Access Request) requesting original credit agreement and notice of default which when my husband rang them yesterday to see what they were going to do about it, they have stated that it has been filed with the complaint and will be looked at within 8 weeks! When my husband stated that they couldn't do that and they had to supply us with the information we had requested within a certain time frame by law they told him he had his facts wrong and they wouldn't look at it until the 8 weeks was nearly up.

 

This is a pretty condensed version of events but it gives the general idea. We are absolutely desperate as we need to relocate (we have children to get into new schools etc) and we desperately need this ridiculous default removed so we can buy another house.

 

If anyone can give us some advice we would be very grateful as we really don't have any experience of this sort of thing.

 

Many thanks in advance

[Tobes]

ok, you need to perhaps do the following, though I'm no expert and there may be a much better way: first of all perhaps try pleading with the right person...either try and get to speak to someone on the phone who can actually act on their own, or go into your branch...basically say that (assuming you have the paperwork etc) that it is an honest error, that it hsouldn't have happened...Be very nice...If they still refuse, send a VERY strongly worded letter to their top customer service peopel also requesting under the Data Protection Act that they send to you the letter(s) Halifax claim they sent to Lloyds...Also do a proper CCA request for the default notice stating that it is an offence to fail to provide the info...Perhaps you might even think about legal action and tell them this - their actions are having a direct effect on your way of living and you are suffering from it...perhaps go to your CAB office andget them to write a letter as well...Also, you cna contact the Credit Reference Agencies and state that the default is in dispute, and they should temporarily remove it whilst they look into it - perhaps you could use that window to get the mortgage, though I'm not sure if that is practicable or not, and of course lots of credit searches can affect your rating negatively...

[rustydog]

ok, you need to perhaps do the following, though I'm no expert and there may be a much better way: first of all perhaps try pleading with the right person...either try and get to speak to someone on the phone who can actually act on their own, or go into your branch...basically say that (assuming you have the paperwork etc) that it is an honest error, that it hsouldn't have happened...Be very nice...If they still refuse, send a VERY strongly worded letter to their top customer service peopel also requesting under the Data Protection Act that they send to you the letter(s) Halifax claim they sent to Lloyds...Also do a proper CCA request for the default notice stating that it is an offence to fail to provide the info...Perhaps you might even think about legal action and tell them this - their actions are having a direct effect on your way of living and you are suffering from it...perhaps go to your CAB office andget them to write a letter as well...Also, you cna contact the Credit Reference Agencies and state that the default is in dispute, and they should temporarily remove it whilst they look into it - perhaps you could use that window to get the mortgage, though I'm not sure if that is practicable or not, and of course lots of credit searches can affect your rating negatively...

 

Thanks for that Tobes

Husband spent two days in the Branch office after the call centre informed him that they had no record of receiving the CCA letter we sent so the Branch Assistant Mgr emailed a copy of the letter to the Complaints Dept and sent one to Head Office in Trinity Rd and asked whoever dealt with it to send us an acknowledgment - which we never had. So husband rang up and that was when they told us they had filed the CCA letter with the rest of the complaint which would be looked at when the 8 weeks (which they say is how long they have to deal with a complaint) was nearly up.

 

So bearing all that in mind, should we now threaten legal action or is there another route we can take?

Either way, this is causing so much distress - I feel like the bottom has fallen out of my world!

[Tobes]

Did you send the CCA request recorded delivery? if so, you have proof, for the purposes of the deadline...Either way, if they say they've filed it then they've received it, so write another letter stating that they have admitted that they'vegot ti, that it's not a complaint but a statutory request and that they have x days remaining or it will be an offence...But of course if they did issue a default notice it won;t help you...Perhaps it would be good idea to use the online dispute forms with the credit reference agencies stating that you never received a default notice so under the CCA there is no default and thus the data they hold on you is incorrect...If they come back saying Halifax says they did so there, say excuse me but until they produce a true copy of the default notice I don't think so...

 

Of course, you could go down SurlyBond's excellent route, which is to argue, ignoring the fact that the default notice is wrong in the first place, that if thre is a default the contract is over and so they no longer have any right to keep it on your file..So in that case you wouldn't mention the CCA to the agencies you'd request them to remove it because they have no legal right to keep it on there...They seem in some cases to be starting to act positively for such requests and so they might well remove it without all the bother of pleading with a stupid, ignorant bank...you'd have to do it for all three though because you have no idea which one will be used for your mortgage (and even though they state sometimes who they purport to use, it seems to change a lot)...Call Credit seem to be medieval in that they still like paper, not sure if you can do it online, plus I believe you have to obtains reports, online or otherwise, before you cna contest them...That might be a good avene to take but again, i'm no expert and of course there may be a better/quicker/easier way!

[rustydog]

Regarding the CCA letter, even though they issued the default, would I be right in thinking that they also have to supply the original credit agreement which was signed when the account was first opened (20 odd years ago) and if they can't provide that then the default is actually unlawful?

Come to think of it, is there any chance at all that after over 20 years would they still have the original credit agreement?

If this is the case, it indeed might be the best course of action to send them another letter, like you said, to point out that the letter was actually a statutory request.

[Tinkerbelle]

Regarding the CCA letter, even though they issued the default, would I be right in thinking that they also have to supply the original credit agreement which was signed when the account was first opened (20 odd years ago) and if they can't provide that then the default is actually unlawful?

Come to think of it, is there any chance at all that after over 20 years would they still have the original credit agreement?

If this is the case, it indeed might be the best course of action to send them another letter, like you said, to point out that the letter was actually a statutory request.

 

Can you please start your own thread.

 

Thank you.

[rustydog]

Can you please start your own thread.

 

Thank you.

 

Yes, I have done now Im new to this so don't if or how to link to it but it's the one called ' Any advice gratefully received re. default removal'

[SurlyBonds]

Surly bonds, just came to this post yesterday after been on in it's early days.

 

Thank you for your intuitive posts.

 

Please let me know which "Copy of Law book from Amazon…£19.95" - I would like to buy it. I would also be willing to help/fund/take part in any action/campaign against the CRA's if you decide to take that step. I hope we can organise something soon.

 

Hi Neo,

Sorry, I never got round to answering this earlier...

 

The book is:

The Law of Contract (Fundamental Principles of Law) by Sir J C Smith

Published by Sweet & Maxwell (21 Mar 2002), ISBN: 042178170X

 

Enjoy...

[dayglo]

think i'll buy a copy!

[Bilgeman]

Okay people... you're all looking at lots of paperwork (which is fine), but there's a little nugget of shiny stuff embedded deep within the bowels of the Data Protection Act 1998.

 

Ladies and Gentlemen, a little known fact about the Data Protection Act and credit reference agencies and automated searches:

 

You are legally entitled, under Part II, Section 12 (1) of the Data Protection Act to insist that no agency can use your data for automated purposes including... and I quote from the said Act...[drumroll]...

 

 

Just quoted the start of your posting as a reference for what follows;-

 

I had a letter from Mr Paul Lever of Experian in reply to that which I sent as a result of reading this thread. I don’t know if anyone else has tried this and received similar but I’ve reproduced what I think are the relevant sections, which amounts to most of the letter and perhaps if someone has the time they might like to comment.

 

‘Thank you for your latter dated 7 September 2006 that we received on 12 September 2006. Your correspondence has been brought to my attention in the Directors’ Office.

 

I acknowledge your request under Section 12(1) of the Data Protection Act 1998, which allows an individual to insist on the removal of any and all data from automated processes in respect of matters relating to them.

 

I am fully aware of the legislation that you kindly quoted in your letter, which is detailed below for your reference.

 

12. – (1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

As a credit reference agency, Experian does not make any automated decisions with regards your creditworthiness or any of the other criteria specified within Section 12(1). Consequently, we do not have to comply with your request to remove the information that we process by automatic means. This is because we are not making any decisions about the information that we obtain and process via automated systems.

 

I have highlighted the relevant part of Section 12(1) that clarifies that it is only when a decision is made by automated processing that you are entitled to the information to be removed from that automated process.

 

I would like to clarify that our role is to give lenders factual information about you when you apply for credit. This helps lenders as it enables them to review your current and previous credit agreements but also benefits the applicant as they can be granted credit facilities instantly rather than having to prove that they have a good financial history every time they make an application.

 

When a lender asks to see the information we hold, we do not offer any comment or advice. Lenders use the information we give them, along with other information you give on a credit application form, to help them decide whether or not to lend. We are not told if the information we have provided has affected the lending decision or, in fact, what that decision is.

 

If you have been declined for financial services and the lender concerned confirms that the decision was made via an automated process then you do have the right to appeal against that decision and request that your application is manually reviewed.

 

You may wish to quote the legislation you referred to in your letter in support of any request that you may make to a lender for a manual assessment. Furthermore, you may also like to note that if you add an explanatory statement to your credit report, this will automatically mean that your credit application must be manually viewed prior to completion of any automated assessment.

 

You can add a short explanatory statement to your report to make sure that future lenders are aware of your comments. This is called a ‘Notice of Correction’. Anyone looking at your report in the future will see your comments and should take them into account before making a lending decision.’

 

 

There are then a couple of paragraphs about the adding of a Notice of Correction and the nature of such a Notice. They continue:

 

‘It is also stipulated within Section 5 (Principles of Decision-Making) of ‘The Guide to Credit Scoring 2000’, that the applicant can appeal for a manual decision to be made if they have been declined purely by means of an automated scoring process.

 

You might wish to view ‘The Guide to Credit Scoring 2000’, in particular Section 5-7, if you wish to see this in full. You can find this on the Experian website.

 

In your letter you also refer to the Human Rights Act 1998. This Act requires all ‘public authorities’ to act compatibly with the rights contained in Schedule 1 of the Act. As Experian is a private company and not a public body, the Human Rights Act 1998 does not directly affect the work we do.

 

The Consumer Credit Act 1974 and the Data Protection Act 1998 strictly control the personal information that we hold. Both laws give you specific rights and make sure we deal with your information carefully and fairly.

 

Finally, I acknowledge your comments stating that ‘under the Data Protection Act your data controller must write to me at reasonable intervals to confirm whether or not you still retain a data file on me’.

 

As I do not believe this is a specific requirement of the Data Protection Act 1998 (Data Protection Act), I would ask you to quote the specific section of the Data Protection Act to which you refer.

 

I do not believe there is any such requirement within the DPA for us to provide you with a free, regular summary of the type of data we gold about you, the reasons why we hold it and a list of who is supplying that data.

 

Consequently, we will not be complying with your request until such time that you can provide us with details of the specific legislation and we can then look into this matter further.

 

Mr Paul Lever

Consumer Compliance Executive

Directors’ Office’

 

 

…………………………………..

 

 

He has sent me a leaflet called ‘The credit reference agency explained’ (which I haven’t read yet) and invited me to visit their website and to feel free to contact him directly by email, phone or letter.

 

A comprehensive reply, I agree. I don’t know if it’s all correct and I imagine there are others here who can elaborate but Experian do seem to be fobbing off the onus on to the lender and denying that they have to do anything.

[Tobes]

Given that Surly took them to court over the matter of automatic processing and won, I think they're talking bollocks myself

[andrew1]

Given that Surly took them to court over the matter of automatic processing and won, I think they're talking bollocks myself

 

 

Amazing how we human beings can express ourselves so elequantly with so few a words - well done Tobes

[ppauls150]

Hi Sarah and everyone else someone has had success with vodafone all be it by having to issue court proceedings. Looks like it is the only way forward at the minute to get them to budge at removing the data.

Click Link Here

[Stuart_in_the_red]

Hi all! First post on here, been reading all the information and advice you guys have been supplying and it's all truly amazing!

I have had defaults against me for over 4 years and believed that to be the end of my credit life and after reading some of the information on here I have been given much hope for the future!

Wondered if I might be able to ask a question about a default I have on my credit file? Basically, I have seen the letter templates to attempt to remove a default and I was thinking that is it possible, assuming that I get the default removed, that the company who defaulted me can literally just file another default against me with new appropriate documentation?

I hope that someone may be able to help me a little on this, and thank you for your valuable time.

PS. You guys are the best!

[Tobes]

you can only be defaulted for an agrement once, because then that agreement is ended...Perhaps if you then agreed a repayment schedule and failed they could, but I think only if you signed a contract allowing them to once again disclose your data to CRAs.

[Stuart_in_the_red]

Thanks Tobes, that's really usefull to know and I will start trying to remove the default, and then attempt to get on to the others!

[Stuart_in_the_red]

Okay people... you're all looking at lots of paperwork (which is fine), but there's a little nugget of shiny stuff embedded deep within the bowels of the Data Protection Act 1998.

 

Ladies and Gentlemen, a little known fact about the Data Protection Act and credit reference agencies and automated searches:

 

You are legally entitled, under Part II, Section 12 (1) of the Data Protection Act to insist that no agency can use your data for automated purposes including... and I quote from the said Act...[drumroll]...

 

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct. ...[tada...takes deep bow]

 

Okay, what does it mean in English...

Whilst credit ref agencies can store the data, you (and only you...not them... YOU, the "individual"/data subject/etc) can decide if you want that data to be included in any automated processes which includes the automatic reference transactions that banks and Co. send through for ref checks.

 

You may, if you so wish, ...(and the agencies can't do diddly-squat about it)... insist that your data is excluded from the automation process, and that it can only be utilised within manual reference purposes... which by the way, none of the agencies have the ability to process.

 

If you think I'm joking, I've done it for all three of the ref agencies, and they've all had to remove all my data from the automation process because I threatened them with a Court Order if they failed to do so.

 

So, what happens in reality. Well, maybe try what I did...

 

1) Send them a recorded delivery letter along these lines...

"Dear Sirs,

 

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

 

As you are no doubt aware, Schedule II, Section 12 (1) of the said Act allows all data subjects the right to insist on the removal of any and all data from automated processes in repsect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand:

[insert clause from above in quotes].

 

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites

"credit worthiness" as one of those examples.

 

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

 

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

 

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"

 

I did this to Experian, Equifax and myCallCredit last month. Equifax argued the toss initially, then I issued an N1 Court Form against them, and as soon as they got that they capitulated. By the way, they also had to pay the Court fee.

 

Of course, they don't actually have anything on their system that can manage a manual intervention on a credit check, so they have to bar all the data from being read.

 

The other tact is the contractual issue, and this is even easier.

 

Background, last year I cancelled my contract (after 2 years) with Orange to switch to another telecom. Orange (conveniently) forgot to cancel my contract and tried charging me up to 3 months of additional monthly tariffs.

I refused to pay, Orange got arsey, so I threatened them with a counter if they tried the recovery route, with copies of my letters and the Rec Deliv numbers of my cancellation letters.

A letter from them the next week... "blah, blah, as a gesture of goodwill, we have cancelled the £30 owed...etc.". OWED!!!! I'll give them firkin "owed" - cheeky bar stewards. Anyway, after I calmed down...

 

I noted about a month later that Orange had put three months of unpaid bills onto my credit files, so I had an "Up to 3 months late" marker on my file which is just about up there with a CCJ or default. I told them to adjust the data, they refused, so I sent the following within letters to Experian, Equifax and MyCallCredit:

 

"...As to the Orange account staying on my file for six years, you should note that this was not a defaulted account at all. I gave Orange notice to switch to another provider and they didn't process my cancellation in time. I then refused to pay the months after my notice of cancellation. They have now recognised this by asking all the agencies to remove the alledged late payment information..."

The agencies got hold of Orange who then cleared the 1,2 and 3 markers BUT left the account as default/settled.

 

The agencies all wrote back saying that they could keep such a reference on the file for up to six years.

 

I then sent the following to all three:

 

"... As to the Orange account staying on my file for six years, you should note that this was not a defaulted account at all and, even if it was, you are no longer permitted to hold such data on my file.

 

Upon signing my contract with Orange, I only gave Orange my permission to log my account dealings whilst the contract was in place. If you read the wording of that contract it states quite clearly that I "give permission for Orange to supply credit reference agencies with information relating to the conduct and payment history of my account." I neither agreed to any other purposes, nor did I agree for that clause to include the term "in perpetuity".

 

Additionally, the contract also states that "this agreement may be cancelled by either party in writing".

 

That contract is now (very) cancelled (and has been for some time now) and therefore they have no signed mandate or permission to instruct you to retain or store data on me.

 

Schedule I, Part 1 "The Principles" of the Act states, quite clearly in Clause 5:

 

"5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

 

So, you will kindly remove the entire record, or I will issue a Formal Notice on this matter. If you fail to comply with that Notice, then I will apply for an N1 County Court Order against you, which will result in you accruing Court fees and any other legal expenses and disbursements. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence when you are clearly holding data that is no longer relevant to the account, the account information provider or the data subject, and is being held after a contract has been terminated, by whatever means, whether by default or cancellation."

 

The entry was removed within two days.

 

So, my friends, we have a few extra strings to our bow on this front, go spread the gospel...

 

I may be being thick (often am!) but, if this method of having your automated data removed, thus removing ALL information on your credit file, does this make contacting companies that put it there in the first place to get info removed (defaults etc...) a waste of time?

[MARTIN3030]

Hmnnnn very interesting.

All this info has of course been posted though different places within the site.

Having it detailed altogether in 1 post will,I am sure assist a lot of people who need to digest it for their own reasons.

[Ferru]

I used a template letter in this thread to ask a major credit reference agency to remove my default. They wrote:

 

'We have recently been in contact with the Information Commissioner in connection with defaulted and settled accounts being retained for 6 years from the date of default or settlement. The Information Commissioner has recently informed us that we do not require your consent to process account information about you...The Information Commissioner has notified us that [the relevant legislation] covers the sharing of account data with the credit reference agencies for the duration of a contract and 6 years beyond [and] has confirmed that the credit reference agencies do not appear to be in breach of the fifth principle'.'

 

So far it looks like I have no hope of getting the agency to remove the default from my file. However, they also write:

 

'The first data protection principle states that personal data shall be processed fairly and lawfully and ... shall not be procedded unless at least one of the principles in Schedule 2 is met...One of the conditions for processing in Schedule 2 is that the individual has given his consent to the processing...Consent to share information cannot be freely given...It is the view of the Information Commissioner that consent is not easy to achieve and that organisations should consider other conditions for processing before looking at consent'

 

Now, am I missing something here, or does it not follow from this that as I have not consented freely to the agency publishing information about me (by their own admission), it is unlawful for them to do so?

 

Does anyone have any suggestions as to how I proceed from here?

 

Thanks in advance.

 

Regards

 

Jeff

[rob_s]

as i have understood it, the agency doesnt remove the default without consent from the bank (etc) the default is with, so ordering them to remove info without the banks consent is an area for the info commissioner which is maybe what they are on about.

 

what i think they mean is that they can continue to show a default for 6 years, but the initial entry for data processing needs your consent (via contract with bank etc)

 

 

start a dispute on the default with each CRA, who will contact the bank to get clarification on the default entry...well, thats what i have done anyway!!

[jimfishybob]

Now, am I missing something here, or does it not follow from this that as I have not consented freely to the agency publishing information about me (by their own admission), it is unlawful for them to do so?

 

This is where it all becomes rather complex.

 

The first requirement of schedule 2, (your consent to process), cannot be met. Free consent cannot be given because you had to agree to disclosure to obtain the service you were applying for. Consequently, the CRA's are not arguing as to whether you gave consent or not as even if you did, the circumstances under which consent was given constitute duress.

 

So...what they are now arguing is that requirement 6 applies, and they have a 'legitimate' interest in continuing to process that data. The Information Commissioner agrees with them. We, (Surly, Dayglo, Tobes, Tinkerbelle, Myself et al...), do not.

 

It is a difficult issue to fight on the consent front as they agree with you that consent wasn't freely given.

 

So, the question is, can you argue convincingly that they lenders and the CRA's do NOT have a 'legitimate' interest? Further, are you prepared to fight them when they have the might of the toothless Information Commissioner behind them?

 

This i'm afraid, is a work in progress.

[Tinkerbelle]

This is where it all becomes rather complex.

 

The first requirement of schedule 2, (your consent to process), cannot be met. Free consent cannot be given because you had to agree to disclosure to obtain the service you were applying for. Consequently, the CRA's are not arguing as to whether you gave consent or not as even if you did, the circumstances under which consent was given constitute duress.

 

So...what they are now arguing is that requirement 6 applies, and they have a 'legitimate' interest in continuing to process that data. The Information Commissioner agrees with them. We, (Surly, Dayglo, Tobes, Tinkerbelle, Myself et al...), do not.

 

It is a difficult issue to fight on the consent front as they agree with you that consent wasn't freely given.

 

So, the question is, can you argue convincingly that they lenders and the CRA's do NOT have a 'legitimate' interest? Further, are you prepared to fight them when they have the might of the toothless Information Commissioner behind them?

 

This i'm afraid, is a work in progress.

 

Well said, and hopefully one day we will be granted our day in court.

 

However, I still maintain that there is no point in pursuing the CRA for default removals. You need to pursue the person who is sending the data to them in the first place.

 

If on the other hand a person wants the CRA's to stop processing their data, then that will have to be court action. If it was to ever end up in Court and they lost, then their whole business model collapses.

 

I can see a CRA throwing mega bucks at this sort of action to defend their case.