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2 defaults Egg and Vodaphone - Default hell!!


Sarrahk
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What (and quote it word for word here so I can read it) does your 0² contract state about them having the right to refer your account information to credit reference agencies. Only type out that specific clause - they're usually quite short.

 

Check the whole contract and type it out - in 99.9% of contracts, you can drive the QEII and Queen Mary side by side through the holes in their clauses.

 

I'll show you easily how you can have it knocked out as an unfair clause anyway.;-)

 

He is a part of the contract that i think you are after.. you can see from para 15.1 that they refer to being governed by English law and not anything to do with the CCA. If necessary the whole T&C's can be found here; Your airtime contract - Terms & Conditions - O2

 

15. Law

15.1 This Agreement is governed by English law.

 

16. Use and Disclosure of Information

16.1 You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.

16.2 Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this clause a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.

16.3 You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service (including, but not limited to, phone numbers/email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the location of your Mobile Phone for the purposes of operating your account and providing you with the Service or as required for reasons or national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. You agree to this information being used by us for credit control purpose and fraud and crime detection and prevention. You can obtain further details from our public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Data Controller at O2 (UK) Limited, 260 Bath Road, Slough, SL1 4DX or, if you have eCare, at [email protected], stating your full name, address, account number and Mobile Phone number.

16.4 You also agree to the information described in paragraph 16.3 being used, analysed and assessed by us and the other parties identified in paragraph 16.3 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, O2 (UK) Limited 260 Bath Road, Slough, SL1 4DX or, if you have eCare, at [email protected] stating your full name, address, account number and Mobile Phone number.

16.5 Some Services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this to be disclosed please contact 1300. Please note we may pass information about the location of your Mobile Phone to emergency services.

16.6 Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.

 

i am in the process of trying to sort out a default registered by O2 on an old account, though unfortunately dont appear to be making any progress as i am getting fobed off.. this can be seen on my thread O2 default in this forum. Any help on this matter would be very much appreciated.

5th Jul 06 - Prelim sent to Halifax

20th Jul 06 - LBA sent (no response)

7th Aug 06 - Offer of £297 recieved. (declined offer)

10th Aug 06-revised date to submit moneyclaim (financial constraints prevented this action)

1st Sep 06 - Moneyclaim filed and issued

1st Sep 06 - recieved 2nd offer of £892 (after claim submitted)

5th Sept 06 - moneyclaim Acknowledged online

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Geeeeeeeeeeezus!!!! How long??? I don't have any CRA stuff in my new T-mobile contract (version 52). What were they smoking when they produced this garbage? I thought you were going to post a paragraph or two.

 

Ah well, I did ask for it.... Here goes...

 

Okay, let's break this down... although I have to say, you should have put a line through half of it when you signed the agreement. But, saying that, my lack-of-"in perpetuity"-clause argument does seem to shoot them down a few levels.

 

15. Law

15.1 This Agreement is governed by English law.

Yes, well they have to be anyway, but at least they acknowledge that you have the jurisdiction of the Courts if you want to get a judge to interpret the contract. Don't forget that all contracts are governed by English Law anyway, even spoken ones if they can be proved (i.e. the legal process and the Courts, who have final say, except if you want to appeal to a higher Court).

Don't forget that the term Law encompasses ALL Law - civil, contractual, case law, statute, etc. It's just a term.

16. Use and Disclosure of Information

16.1 You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. If you give us false or inaccurate information and we suspect fraud, we will record this.

This is basically... we'll do a credit check on you (you agree to us doing so), so don't bulls**t us as any deliberate attempt to give us false information to gain an account could result in you getting a CIFAS marker. Most Courts will deem CIFAS markers IN THE CASE OF DELIBERATE DECEPTION as in the public interest. However, the supplier has to prove it was deliberate i.e. giving a false address, or claiming that you're on a higher income than you actually are.

 

About seven years ago, I was shocked to be turned down for a credit card as they said I had a CIFAS marker on my file. When it was investigated, it turned out that a previous loan application company had mistyped my salary details and put an extra zero on the end. This was proven by getting a copy of the application form. They then had to remove the CIFAS marker.

 

Details of how you conduct your account may also be disclosed to those agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention.

Basically, you have agreed here to allow them to supply the CRAs with your payment history and conduct. The important thing is that you've also allowed them to allow other parties to see that data. Normally, in the course of a contract, data is allowed for the purposes of conducting a contract between just you and the supplier. This clause allows them to supply it for others to read as as well via the CR systems.

The bit about money laundering is a bit over the top as the intelligence services and Police have Govt. (Data Protection Act) permission to dig into your financial affairs anyway.

 

 

Information may be used by us and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies.

Anyone that subscribes to the CRAs (including them) can use your data for the purposes mentioned.

 

We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.

They can continue to SEARCH your file (whilst you owe them money) and might check to see of you're under any sort of financial pressure by the data that get's returned.

However, important bit here - this allows them to search (NOT update or supply - the relevant word is "search"). No mention, yet, of "updating forever".

 

16.2 Information held about you by credit reference agencies may be linked to records relating to your financial associate(s).

Most CRA's include people in your household who they assume are financially inter-dependant e.g. husband and wife. This is usually done by regular batch processes that match surname, address, etc. You have to write a Notice of Disassociation if you want that link to be severed. In the case of joint agreements, e.g. joint bank accounts, you can't sever the link without getting a Court Order, and they would be unlikely to do so.

 

For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this clause a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.

 

Yada, yada, yada.... Plain English Campaign 'Crystal Clear Award'...NOT!!

Even I had to re-read this about seven times.

What I think they're trying to say is that you have the means to pay for the account yourself, and are not relying on the credit status of associates to boost your credit score - hence they will search on just your details (a severed search) even though most people have their associate details on their file and vice-versa. You are also declaring that despite this type of 'severed' check, you know of nothing on your associates' credit history that might affect their decision. If they later find out that your partner is up to their eyeballs in debt, then they can decide not to proceed.

Having said that, I'm happy to welcome other interpretations.

16.3 You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service (including, but not limited to, phone numbers/email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the location of your Mobile Phone for the purposes of operating your account and providing you with the Service or as required for reasons or national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us.

They have to get you to agree this so that they can divert your customer service calls to the sub-continent, or some other non-English speaking country.

Under the Data Protection Act no one is allowed to transfer or exchange your data out the boundaries of the UK without your written permission.

 

It also means that they comply with anti-terror or intelligence legislation in giving out your triangulated position if the Old Bill are after you (you can't object to this - MI5/6/Bill can use whatever methods to monitor you), or they need to test your signal if you phone and make a service complaint, etc.

The last bit is that you allow just about anyone under the sun, that they choose to know about you, your account and who you call, text, etc. for just about anything.

I would have red-lined about half of these out. You have signed away just about all your privacy rights to half the World...but, for the duration of the contract... there's still no "and in perpetuity, even if either party has terminated this agreement" clause...

 

You agree to this information being used by us for credit control purpose and fraud and crime detection and prevention.

Standard term, but this does imply "for the duration of the contract" as there is no "perpetuity" clause, or "for up to six years", "indefinitely", etc.. Fraud and crime detection is neither here nor there, and unless you committed fraud on the account, it is hardly "in the public interest".

The standard bulls**t reply from all the CRAs when you tackle them on this is "It's standard industry practice"...which wouldn't stand up in Court in a month of blue-moon Sundays. Industry associsations can decide what the hell they want, "Every third meeting of the industry association jamboree must serve Custard Creams and not Bourbons" for all they want, it doesn't make it Law.

 

It is standard industry practice for most tyre-fitters to not charge labour for fitting, if you buy the tyre from them (at least it is with ATS and Kwik-Fit), but that doesn't mean you can walk into Tyres R Us and demand the same from them.

 

It is standard industry practice for buses to stop at request stops, but it isn't Law.

 

The "standard industry practice" and "obliged to hold this data", and other bulls**t replies are simple stalling tactics... they don't amount to a hill of beans.

 

I am "obliged" to give up my seat on a train to a pregnant woman, but it ain't Law.. it's just courtesy and good manners.

 

You can obtain further details from our public registration held by the Information Commissioner.

You can write to the Information Commissioners Office and check that they've got a Data Protection Licence, and also ask for a copy of their registration application and check that they have officially applied to do all these things. They are committing a criminal offence of they are processing any data in a manner not on their declaration of intent or application, or application updates and amendments.

 

If you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Data Controller at O2 (UK) Limited, 260 Bath Road, Slough, SL1 4DX or, if you have eCare, at [email protected], stating your full name, address, account number and Mobile Phone number.

We all know this. Data Protection Act Subject Access request...maximum fee £10 and not a penny more.

 

16.4 You also agree to the information described in paragraph 16.3 being used, analysed and assessed by us and the other parties identified in paragraph 16.3 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, O2 (UK) Limited 260 Bath Road, Slough, SL1 4DX or, if you have eCare, at [email protected] stating your full name, address, account number and Mobile Phone number.

You've also signed your privacy away here for junk mail, spam and just about every other piece of marketing bumph they can send you... the bad news is that, by default, you have agreed. To opt-out of marketing you need to write to them at the address shown.

 

16.5 Some Services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this to be disclosed please contact 1300. Please note we may pass information about the location of your Mobile Phone to emergency services.

This covers off things like Walking Data services - not available in some areas - or if, for example, they had a whizzy system for a vehicle breakdown company to be able to triangulate your position so that they could find you if you didn't know your location. They have given you an opt-out here.

The second bit is that it is deemed in the national interest for emergency services to be able to track your position - and I don't think you can really argue with that one.

 

Still no "in perpetuity" clause...

 

16.6 Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.

 

Usual stuff allowing them to discuss your details with the insurance company, etc., and assessing your data to decide how to process any claim. You have also allowed them to disclose this to other telecoms and the Police in cases where your phone got nicked... it could be tracked down, etc. Nothing untoward in this clause.

 

So, there we are... nothing at all stating "and you agree to allow us to continue processing such data even after the termination of this contract".

 

The credit clauses above state nothing about "This data may be held for up to six years" or "in perpetuity."

 

The Data Protection Act Principles state that data may be used for the management of a contract, but my argument on this bunch of toss (your contract...not the Data Protection Act!) is that if they terminate the contract, then all the above fades away, except things like:

a) post-review for law enforcement purposes, proving calls were made at certain dates/time, etc.

b) insurance reasons

 

There is absolutely nothing in this clauses that is either expressly or implicitly agreed that they may arbitrarily continue to process your data after the contract has finished. The only lawful thing they can press for, after a contract is defaulted, is lawfully and legally seek any owed monies.

 

Simply write to them and ask them where in your signed agreement (or by any Statute) does it allow them to process your data after termination of the contract, and insist that they enclose copies of the relevant legislation, the signed contract (highlighting the clause that you agreed to).

 

It's a bit like them saying "I bought this car with a 3-year warranty, so after the warranty finished (i.e. the contract terminated), I can still assume that my dealer will still service any faults free of charge, because I can assume that it's an implied term of the original warranty, even though it's expired."

 

Section 10 of the Data Protection Act states (in clear black and white... or blue and white in this case ):

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.

 

"specified purpose" = management of a contract. therefore, no contract = no permissions if withdrawn with a Statutory Notice.

 

That section continues...

(2) Subsection (1) does not apply-

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b) in such other cases as may be prescribed by the Secretary of State by order.

 

So, unless they want to appeal to the Secretary of State (clause (b)), they can then only rely on "any of the conditions in paragraphs 1 to 4 of Schedule 2 [being] met"

 

...so, bring on the aforesaid conditions...I quote:

 

Schedule 2, paras. 1 -4 (with my added notation):

1. The data subject has given his consent to the processing.

Yes, for the term of the contract only, and, anyway, you can also write withdrawing your permission, either way, they're stumped.

 

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

Contract, what contract? Oh, that 'former' contract ... the one that they terminated in writing with their default notice. So, a contract that is no longer being "performed".

 

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

But, we're not entering into a contract, we've just finished, thanks for asking. Unless O-My-God II want to offer me another 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.

Okay, I'm happy for processing to help the security services and other Govt agencies, not that I really think they will consider me a terror threat for having a little difficulty with a phone bill.

Note the "other than an obligation imposed by contract"i.e. everything else, EXCEPT your contract.

 

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

Not applicable in this case - this really relates to emergency services knowing your address for Police, ambulance, etc. (i.e. BT giving them your number if you were keeling over and left the phone going... they could trace your address. Or relates to your medical records if a doctor needed to know them if you were allergic to drugs whilst they are peeling you and your broken bits up off the road, etc., or you were declared mentally unstable...which, I think, is probably what these companies want us to end up!

 

Does your case satisfy ANY of these above clauses??? I think not.

 

And ...oh by the way, where are recipocal rights about credit management that allow you to register adverse "or poor payment" data against them (e.g. not returning refunds in time, etc.) so UTTCR must be able to be applied in that there's no reciprocal rights for the other party (i.e. you), so the term could be struck out.

 

So, there you have it. Go kill, but do it quickly and humanely.

 

Now, please excuse while I go and have a quiet lie down for a few days... ;-)

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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They most certainly do!!!

On a positive though, i have a contract with T-mobile and they update my file every month with 0's.

 

Which version of T-Mobiles Ts&Cs did you sign? It usually has it in brackets after the title.

 

I only ask, as I have just switched and there is absolutely NO reference to CRAs at all, in any of the agreement. Which is strange, I know, but I can read legal documents well, and there's nowt there.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Which version of T-Mobiles Ts&Cs did you sign? It usually has it in brackets after the title.

 

I only ask, as I have just switched and there is absolutely NO reference to CRAs at all, in any of the agreement. Which is strange, I know, but I can read legal documents well, and there's nowt there.

 

Thank you you very much for that...you are a star

 

There is nothing more i would like than to be able to return the favour and answer you question, unfortunately though i have had a phone with t-mobile for three years and i am not sure which version it would have been. To be honest i dont even remember physically signing anything the same as with O2, i did everything online. All i know is that having checked my credit file T-mobile update my file regularly.

 

I wish i could be more help on this matter.

 

Just a quick one on O2 though.. the two letter templates you posted earlier on in this thread.. i think it was post 28.. Would they be the right ones to send to O2's Data Controller?

5th Jul 06 - Prelim sent to Halifax

20th Jul 06 - LBA sent (no response)

7th Aug 06 - Offer of £297 recieved. (declined offer)

10th Aug 06-revised date to submit moneyclaim (financial constraints prevented this action)

1st Sep 06 - Moneyclaim filed and issued

1st Sep 06 - recieved 2nd offer of £892 (after claim submitted)

5th Sept 06 - moneyclaim Acknowledged online

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ok, I've shamelessly gathered up and merged the excellent stuff by SurlyBonds and I've tried to make a version of the data subject notice and letter to be sent directly to the CRAs...It's a work in progress and possibly fatally flawed but any comments are welcome - and this is all on the basis that SurlyBonds doens't mind my pinching all his hard work:

 

"[address it to their Data Controller]

[make sure it's dated - vital!!!]

Dear Sirs,

Re: My credit file held and processed by you

I understand that you continue to supply to third parties data related to accounts to which have been applied by you on the instructions of the relevant companies default markers. By defaulting an account the existing contract for that account is terminated and therefore my permission for the processing of my personal data to be supplied to and processed by you is also terminated.

I am therefore contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Special Delivery Service audit.

As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed.

Of particular note, are Principles 3, 4 and 5:

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

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

In my case, you, as a Data Handler are retaining and processing data (whether or not this is a simple renewal process of the default flags, daily or other timed factor) after the cancellation of the relevant contracts. As those contracts are no longer in situ, then my written permission has also ceased from the date of cancellation.

Principle 2 states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

I emphasise the term "specified...purposes" as in that specified within the contract, and no more. I also emphasise the term "shall not be further processed".

The contracts, that I signed, only gave you permission to process data during the term of those contracts. They neither included any other permission, nor did they imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contracts that stated that you had any arbitrary right to continuing processing data for up to six years after the ending of the contracts.

Also, I cannot recall any clear statement that gave my express permission for you to continue disclosing my subject data to third parties after the end of the contracts. You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court. I do not believe that you have any such statutory obligation especially in such a case as this, alleged non-payment in a civil matter.

However, if I am mistaken, and the contracts did specify unlimited time extensions, then you must provide me with a copy of those terms indicating where I have signed an agreement to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice.

The Consumer Credit Act states nothing about other permissions being extended "in perpetuity" or after the end of the contract. The Act allows certain contractual clauses to be exercised after default, but my implicit agreement at the commencement of the contract to the processing of my data in perpetuity is most certainly not one of them. And even if there were such a clause, it would be superseded by the Unfair Terms in Consumer Contract Regulations by way of Section 5:

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

And 5(5) Schedule 2 paragraphs:

Unfair terms include...

© Making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

and Section 8:

Effect of unfair term

8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

I also believe to be unfair the clause allowing companies to register my payment history with you as there is no reciprocal mechanism for me to be able to equally record any breaches of contract by them. If one refers to clause (o) of Schedule 2 of the UTCC Regulations it is stated that a term would be considered unfair, if it 'obliges the consumer to fulfil all his obligations where the seller or supplier does not perform his'. Therefore, I contend that this is, in effect, an unfair term, and is therefore null and void.

Furthermore, I believe that the argument that it is in the public interest to retain such data to assist other companies in deciding whether I am a future risk is unsupportable. It is most evident that I am not a financial risk to the nation, having not accrued a CIFAS or GAIN marker, nor is this credit file of vital public interest to protect the nation's stability. There is enough other data and information about me, e.g. my home-owner status, my marital and dependant status and my employment status for future lenders to ascertain my risk factor. Unless you are prepared to disclose the mechanics of how risk is calculated, you cannot prove that historic default markers on defunct accounts have a considerable bearing, or are a major factor, in the whole calculation.

You should be aware that you have, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against you. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence for you are clearly holding data that is no longer relevant to the accounts, 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.

I trust that I have made my position clear, and that you will make a serious effort to understand your legal obligations and effect the changes requested. Should you be any doubt as to your obligations as a Data Controller, then I would advise that you seek legal advice.

I look forward to receiving your confirmation that my credit file has been altered to remove all references to my former accounts with the specified companies, within the timescales indicated herein.

Yours faithfully,

Statutory Notice pursuant to Section 10 of

The Data Protection Act 1998.

Data Controller:

Data Subject:

Address:

Whereas I have been the customer of the companies detailed in Schedule 1 and whereas I consented in my contracts with those companies to the disclosure by them to you of certain data, at no time did I consent and neither was it within the contemplation of the parties to the contracts that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

All contracts between myself and the aforesaid companies have been terminated, indicated by the default status applied by you at their direction to each respective account. My permission for you to control and process data supplied by them to you has therefore also ended and you have no longer have any rights to process my personal data related to these contracts in any way.

Therefore, take notice that I require that you cease from processing within seven days of the receipt by you of this notice or else that you do not begin to process any personal data related to the accounts of the above specified companies of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

This Notice is served 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 has been caused to date. 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.

Signed,

[sign it]

[Title and full name]

Dated this [e.g. first, second, twenty-first, etc] day of [month], in the year two thousand and six.”

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Further to Tobes post, am I right in saying that in addition to his letter (above and yet to be finalised :D ), a similar letter should also be sent to the Company in question. After all, they are the ones sending this information to the CRA right? :confused:

 

Just want to get everything clear before I start firing off letters left right and centre.

 

I can see us all developing a nice little process here. :D

 

It's brilliant!! :D :D

 

Tobes - Well done in getting the ball rolling with regards to letters. No doubt a few of us will be sending copies of it out.

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Just a few quick points in answer to Tobes and Tink (:confused: that sounds like a German plumbing business?? ;-) ).

 

1) "Data Controller" is the official term, I'd substitute Data Handler with this.

2) Yes, send spearate letters to the banks, etc., appropriately addressed and just pertaining to details about them. Don't include the details about other accounts.

 

I'll now read through again and make a few more comments...

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Tinkerbelle - it was SurlyBonds who started everything off with clueing us in to our rights and he has written an excellent letter and notice that should be sent to each individual bank or whoever (earlier in this thread)...My thinking (again jump-started by Surly) is that, as the credit reference agencies are also data controllers (sorry, did a malapropism back there :D ) they have just as much responsibility and legal obligation to sort out the details of the credit file...It would be ridiculous in my mind for they to use your data but not accept responsibility for it, merely to take the word of the companies supplying the data...It makes my blood BOIL when I write off to quifax saying that something is wrong, for them to then write back to me and say that they've checked with the company and it's right...They are meant to be impartial...Where is their demand for proof? (and no, I shouldn't be sending proof, it's innocent until proven guilty, remember? :D ) I think that alone should be cause for legal action and I may well go down that path as well

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Tinkerbelle - it was SurlyBonds who started everything off with clueing us in to our rights and he has written an excellent letter and notice that should be sent to each individual bank or whoever (earlier in this thread)...My thinking (again jump-started by Surly) is that, as the credit reference agencies are also data controllers (sorry, did a malapropism back there :D ) they have just as much responsibility and legal obligation to sort out the details of the credit file...It would be ridiculous in my mind for they to use your data but not accept responsibility for it, merely to take the word of the companies supplying the data...It makes my blood BOIL when I write off to quifax saying that something is wrong, for them to then write back to me and say that they've checked with the company and it's right...They are meant to be impartial...Where is their demand for proof? (and no, I shouldn't be sending proof, it's innocent until proven guilty, remember? :D ) I think that alone should be cause for legal action and I may well go down that path as well

 

I agree.

 

For years I have been absolutely terrified of getting my credit report and seeing what is on it.

 

Now I can't wait to get my hands on the bloomin thing :D

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I have only annotated a few minors, I have not cut and pasted the whole letter...so you'll need to put back in where they originated from. I know some are corrections on my own original, but I did write those at about 1am, after a pretty tiring week.!

Dear Sirs...

 

I understand that you continue to supply to third parties data related to accounts to which have been applied by you on the instructions of the relevant companies default markers. By defaulting an account the existing contract for that account is terminated and therefore my permission for the processing of my personal data to be supplied to and processed by you is also terminated.

 

My Note: I assume that this is the letter going to the supplier? Don't forget that the CRAs don't supply data. They only store and process it. Your suppliers, banks, etc. send the data to them. Send the suppliers a letter first, then to the CRA's - I'll write up a separate template for them and post soon. You should find that the suppliers should wake up to just this before having to write to the three stooges (Ex, Eq and MCC)

If a supplier letter, I would rewrite this intro as:

Following a recent audit on my credit reference files, it has come to my attention that you are continuing to supply the Credit Refernce Agencies with data relating to my former contracts with you. I refer to account number(s) x(, y, and z). It is noted that those files contain a "default" marker thereon, despite the fact that these contracts are no longer in existence. You will recall that you arbitrarily terminated the contracts in writing. I enclose a copy should you have misplaced your own.

 

You, the Data Controller are retaining and processing data (whether or not this is a simple renewal process of the default flags, daily or other timed factor) after the cancellation of the relevant contracts. As those contracts are no longer in situ, then my written permission has also ceased from the date of cancellation of contracts.

 

The contracts, that I signed, only gave you permission for you to process data during the term of those contracts. They neither included any other permission, nor did they imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contracts that stated that you had any arbitrary right to continuing processing data for up to six years after the ending of the contracts.

 

 

I also believe it to be unfair for any contract to contain a clause allowing companies to register my payment history [with you - remove] as there is no reciprocal mechanism for me to be able to equally record any breaches of contract by you. If one refers to clause (o) of Schedule 2 of the UTCC Regulations it is stated that a term would be considered unfair, if it 'obliges the consumer to fulfil all his obligations where the seller or supplier does not perform his'. Therefore, I contend that your clause demanding my permission to disclose personal data is, in effect, an unfair term, and is therefore null and void.

 

Furthermore, I believe that the potential argument that it is in the "public interest" to retain such data to assist other companies in deciding whether I am a future risk is unsupportable. It is most evident that I am not a financial risk to the nation, having not accrued a CIFAS or GAIN marker, nor is this credit file of vital public interest to protect the nation's stability. There is enough other data and information about me, e.g. my home-owner status, my marital and dependant status and my employment status for future lenders to ascertain my risk rating. Unless you are prepared to disclose the mechanics of how your risk calculation is composed, you cannot prove that historic default markers on defunct accounts have a considerable bearing, or are a major factor, in the whole calculation.

 

As such, you have, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against you. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence for you are clearly holding data that is no longer relevant to the accounts, 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.

 

 

 

Statutory Notice pursuant to Section 10 of

The Data Protection Act 1998.

 

 

Data Controller:

 

Data Subject:

 

Address:

 

Whereas I have been the customer of yours and whereas I consented in my contracts with you to the disclosure by you of certain data, at no time did I consent and neither was it within the contemplation of the parties to the contracts that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

All contracts between myself and you have been terminated, indicated by the default status applied by you at your sole discretion. My permission for you to control and process data [supplied by them to you - remove] terminated with the cessation of that contract and you have no longer have my permission in respect of process my personal data related in any way, including but not limited to, supplying my personal data to third parties, updating your own records and or making decisions thereon.

 

Therefore, take notice that I require that you cease from processing within seven days of the receipt by you of this notice or else that you do not begin to process any personal data related to the former contract of which I am the subject insofar as that processing involves the collation, storage, processing, communication or passing of personal data of which I am the subject to any third party.

 

This Notice is served on the grounds that the processing, or continued processing, or disclosure 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 has been caused to date. 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.

 

Signed,

[sign it]

 

[Title and full name]

 

Dated this [e.g. first, second, twenty-first, etc] day of [month], in the year two thousand and six.”

Any other questions, please ring me... my keyboard is wearing out!!:grin:

  • Confused 2

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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What happens in cases where the Company have written to you to say that they have registered a default against you for late/non payment but they did not terminate the contract? I remember receiving a few of these type letters from British Gas. I actually terminated the contract with them when I changed suppliers last year.

 

Orange also registered a default after I terminated the contract about 4 months ago. To keep it short - I switched to O2 - I disputed their final bill, as they tried to charge me for porting my number. They agreed to reduce the bill - While waiting for the final bill I received a default notice, which ****ed me off no end :mad:

 

Can a default notice be issued and the contract remain in place? I'm pretty sure I have received a couple saying that you are in breach, we have registered a default, pay up - no mention of contract being terminated.(That was British Gas and the Electricity Boad :D )

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thanks again :)

 

that letter was actually meant for the three Credit Reference Agencies...I assumed 'supply' was still ok beccause they're supplying data to other companies doing credit checks, supplying the data that was supplied to them....

 

What I want to be able to do is to just force the three credit agencies to erase the data, in stead of having to write to every company and wait for responses and have to possibly take them all to court...I'd rather just focus on and possibly take legal action against the three agencies as they are the final arbiters, really...and I hate them ;)

 

So my question: can I just take on the agencies to get it all sorted, or must I involve all the companies (it would just take so much time to do it all separately!!!)

 

EDIT: that's why I changed 'contract' to contracts, i.e. pluralised everything, so that I could just include a list of the companies with default markers and request in one fell swoop that they all be removed

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Okay, as you've asked... the original poem...hence my new handle...and Tobes... YES, remove all references to my old moniker in your past postings "the data" or stand fast for my wrath!!;-)

 

 

HIGH FLIGHT

Oh! I have slipped the surly bonds of earth

And danced the skies on laughter-silvered wings;

Sunward I've climbed, and joined the tumbling mirth

Of sun-split clouds - and done a hundred things

You have not dreamed of - wheeled and soared and swung

High in the sunlit silence. Hov'ring there

I've chased the shouting wind along, and flung

My eager craft through footless halls of air.

Up, up the long delirious, burning blue,

I've topped the windswept heights with easy grace

Where never lark, or even eagle flew -

And, while with silent lifting mind I've trod

The high untresspassed sanctity of space,

Put out my hand and touched the face of God.

Pilot Officer Gillespie Magee

No 412 squadron, RCAF

Killed 11 December 1941

 

It is, to us pilots, the absolute writing of all writings… in both its poignancy and language. It is often the grace given at many aviation events.

There have been some very funny adaptations to cover off all types of subjects, so here's my own version based on these forums and the banks, CRAs, DCAs situation:

MY FIGHT

Oh! I have slipped the surly bonds of deceit

And danced around on banking codes

Court-bound I've driven, and joined the righteous mirth

of abused customers - and issued a hundred writs

you would not believed - confused and angered and beaten

their sunshine lawyers. Smirking there

I've chased up allocation questionnaires, and flung

bailiff writs through the halls of banks' hot air

Refund, refund, the delirious cheques

I've stopped their legal(?) "rights" with easy grace

With easy Law, or even contracts due

And, while with silent lifting mind I've trod

the high impassable sanctum of call-centres

Put out my hand and stuck up my two fingers at 'em!

okay, it's not brilliant.. but it was worth a few minutes of mirth! :-)

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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well done :)

 

your email was possibly a slight clue to your predilections (I sent you my email address in an email, as requested btw)

 

I'm actually considering going for a full day's helicopter training :D :D

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What happens in cases where the Company have written to you to say that they have registered a default against you for late/non payment but they did not terminate the contract? I remember receiving a few of these type letters from British Gas. I actually terminated he contract with them when I changed suppliers last year.

 

Orange also registered a default after I terminated the contract about 4 months ago. To keep it short - I was disputing their final bill. They agreed to reduce the bill - While waiting for the final bill I received a default notice, which ****ed me off no end

 

Can a default notice be issued and the contract remain in place? I'm pretty sure I have received a couple saying that you are in breach, we have registered a default, pay up - no mention of contract being terminated.(That was British Gas and the Electricity Boad )

 

If the contract was with British Gas, and it's ended, then your permission has ended. Write to them with one of the examples on this thread. Gas supply is not regulated by the CCA so they have even less reason to mark it in relation to "relevancy".

 

Of course, they also VERY desperate for customers, so maybe try the "I'll come back to you" approach if you remove this worthless marker. Get them to agree it unconditioanlly in writing (as a gesture of faith in their commitment to you), and when you get the letter, stay with your current one. Otherwise, go and wipe the floor with their a***s.

 

Most utilities do this to just make people pay up, I would check your BG agreement and see if it was agreed to process data "in perpetuity even after the temrination of the contract". If you don't have it, ask for a copy. If they don't have that, then they can't prove you agreed to any terms about allowing data to be disclosed. Either way, they're stuffed.

 

Orange did the same to me last year. Persist, and threaten them with an ombudsman complaint. If the bill is genuinely owed, pay it on condition that they remove the marker. However, if I know Orange they probably "claimed" not to have received your cancellation letter.

Anyway, if they've cancelled the contract.. ask them the same... Oi, Orange!!:x Where's my agreement for you to disclose after the end of the contract??:x

 

But, they certainly can't issue a default notice whilst you were agreeing the final payment! What are they on??? If they have admitted that the original bill was incorrect, then they were breaching the contract, by not holding correct account information, and unlawfully serving you with an incorrect bill. You have a very good case there.

 

As to British Gas and the Elec Board... how are they supplying you credit services? Does the contract state that it under the terms of CCA?

Where in their contracts does it allow them to disclose data? If the contract is still running and they persist, then you might have to switch, kill the contract (and thus kill the permission) and then turn them over.

 

If you pay a monthly DD whch goes into an account to offset regular bills, then it's hardly a credit arrangement.

 

I'm with Scottish Power (even though I live on the South Coast) for both Gas and Elec via the Internet billing (nice discount there!) and they don't update anyone with my credit status. And they're pretty good on customer service.

 

Sounds like you've met some right bl**dy ogres in your dealings:eek: ... I thought I had hell over a few "1"'a and one sodding default for a non-delivered suite.

 

However, another tact...

 

The UTCC Regs does state that if the contract can still be conducted following the removal of an unfair term, then the Court can order it to continue, or by prior negotiation (God, I am getting so Court-heavy!:grin: )

 

How about writing to them to ask for your contract and writing back noting that you have spotted this clause about data disclosure, and want it removed as there is no reciprocal term to give you equal rights, or you will seek to have it seemed an unfair term, "according to Section 5(5) and it's asociated Schedule 2 where indicative examples include: (o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his;"

 

Worth a go!.

 

All in all, I would say this... just keep badgering them... and don't stop. By the time that they have had about 15 rounds of letters of you, they will lose the will to live. The British have this inherent fault of not complaining and just acceting bulls**t and going away - must be a throw-back to the feudal system or something.

 

This can sometimes be a game of who blinks first... it's the same tact that these thieving banks are using when we all take them to Court. I've got one on the go with Lloyds TSB, yet I KNOW that about 200 other people have won without a hearing...they just spend hundreds of pounds engaging solicitors to write letters, in the vain hope that we'll get frightened and sod off.

 

It all comes down to them playing on another inherent belief that we're all s**t-scared of the Court system... well, we aint... they are there to protect us just as much as them. They're the first to issue formal demands when they think we've turned them over and ran off without paying up, well, we're just doing the same.. they're not just turned us over, but royally taken us in the rude places!;-)

 

As I like to close my letters off to these s*ds:

"Your haughty and pontificating attitude within your letter leaves me with no other opinion than you believe the Courts to be the exclusive domain of greedy corporations and their lawyers. However, you are very much mistaken to hold such archaic and self-righteous views. The legal system has evolved over many centuries to give all, from Monarch to peasant, equal rights; rights which your client seems determined to abuse, even when they are blatantly aware that they have no defence."

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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well done :)

 

your email was possibly a slight clue to your predilections (I sent you my email address in an email, as requested btw)

 

I'm actually considering going for a full day's helicopter training :D :D

 

You should be able to buy a so**ing fling-wing with all these refunds:grin:, let alone take a lesson ... my £25k plus interest from PratWest went on some serious jet-pack;-)

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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If the contract was with British Gas, and it's ended, then your permission has ended. Write to them with one of the examples on this thread. Gas supply is not regulated by the CCA so they have even less reason to mark it in relation to "relevancy" --> snip

 

Thanks SB!!

 

I never signed a contract with British Gas. I moved into a rented flat and rang them up to tell them I was taking over the bill.

 

Orange was all done online. Again, I don't recall them sending me any contract to sign and return :D

With regards to the cancelling of the Orange contract - I called up for my PAC Code, and they told me that as soon as I used it my contract with them would end.

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Thanks SB!!

 

I never signed a contract with British Gas. I moved into a rented flat and rang them up to tell them I was taking over the bill.

 

Orange was all done online. Again, I don't recall them sending me any contract to sign and return :D

 

Well, there you go... that was easy! :grin:

 

No contracts, let alone, what they said!

 

If it's a rented flat, the only person who can agree to a supply is the owner... even though you took it over, you can't be adjudged to have known what the Terms and Conditions were, if they transferred it without asking you to agree terms.

 

Honestly, these firkin suppliers think they are some sort of law unto themselves... I think most of them still live in Georgian times and think that they can still throw you in Debtors Gaol without even a hearing.

 

This isn't the world of dictum memeum pactum for Khrissakes!

 

Terms is terms, and if there ain't no signature ("your mark upon the deal, my good man!")...then to just WHAT are they referring when they went and trumpety-trumped to EquiFaxCall and said "register this default."

 

In the case of no contract situations, you could land them right in the doo-doo, for registering data that they know to be incorrect, by virtue of no written agreement by you to do so. Threaten them with a criminal complaint to the ICO for distributing your personal subject data without your written permission - it'll be off your file quicker than you can scream "getthatfrigginmarkeroffmyfileyoucriminalgassymuppetmen";-)

 

As for Orange, if they want to enter into an agreement that has implications for the Financial Services Act, and anti-money laundering regs, then they should have confirmed your identity by way of additional hard copy evidence.

 

The Data Protection Act does state "written permission"...I think it's safe for you to interpret that as with a pen/quill/blood/thumbprint/wax-seal etc. not a few presses on a keyboard unless verified by something like a VeriSign personal certificate.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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If it were auf Deutsch it would be Tobias :D

 

LOL

 

Jawohl... aber naturlich, und...

 

Vorsprung durch Tinkerebelle ;-)

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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24.gif /quote]

 

I do know that this little chap is a ROFL animation, but I am just wondering about his hand motion....!! ??:eek:

 

Maybe it's another FatPest merchant banker after he's just ripped off another customer...

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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  • dx100uk changed the title to 2 defaults Egg and Vodaphone - Default hell!!
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