Enforcable agreement? Data held at CRA?

[Innocent_Guy]

Hi All,

 

I am posting on behalf of a friend of mine. His situation is that in 2003 he took out a loan from Halifax. He fell behind on payments and it was passed to a DCA. Subseqently he started making payments to the DCA and is near the end of his agreement however on checking his credit report he can see that Halifax / DCA show him as being 6 payments behind. He has been paying on time everytime since the DCA contacted him. My question is whether the data showing 6 payments behind is from 2003 when the debt was passed on? He advised me it was last updated 31/03/2009. I would like to add that it says:

 

In the last 36 months of account activity, the number of status 1-2 is 0 and the number of status 3+ is 0

 

The above suggests there have been no missed / late payment in the last 3 years.

 

I have advised him to ask for the CCA. They have advised him that because of the age of the debt the CCA may not be available. They have told him they will contact him with 21days and advise if the have located it.

 

His problem is not the repayments, as he only has a few left to pay, it is the damaging effect it has had on his credit file.

 

If they cannot provide the CCA I assume they cannot submit data to the CRA's about him therefore will have to remove it??

 

Can anyone confirm or offer some advise.

 

Many Thanks

[Innocent_Guy]

Anyone?

 

Any assitance will be appreciated

[cerberusalert]

If they can't provide the CCA you could send a Section 10 Notice letter #3 The Consumer Forums - Debt collectors & if they refuse to remove the defaults have a read of Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[Innocent_Guy]

If they can't provide the CCA you could send a Section 10 Notice letter #3 The Consumer Forums - Debt collectors & if they refuse to remove the defaults have a read of Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

Is it still ok to use the above even though they haven't defaulted him?? They have added adverse data i.e 6 late payments on his credit file.

[cerberusalert]

In the absence of a CCA they cannot enforce payment also they don't have his written permission for them to process his data which includes leaving information on his credit file. Late payment markers can be nearly as bad as defaults because it gives the impression that he's a bad payer.

[Innocent_Guy]

In the absence of a CCA they cannot enforce payment also they don't have his written permission for them to process his data which includes leaving information on his credit file. Late payment markers can be nearly as bad as defaults because it gives the impression that he's a bad payer.

This is what I believed aswell.

 

Thanks

[Innocent_Guy]

This is what I believed aswell.

 

Thanks

 

Bump - Sorry guys

[never-in-doubt]

Bump - Sorry guys

 

Josh mate

 

Its the same old rule if there is no CCA then the debt cannot be enforced, do as cerberusalert says and send the letter (Section 10) advising them they have no right to publish data about him with the CRA.

 

Who out of interest is updating the CRA, is it Halifax or is it the DCA? If it is Halifax then that's fine, if it is the DCA then advise them to cease processing this data immediately prior to legal action being taken against them and if it is both then the most recent entry will be removed.

 

I'd be looking to send the section 10 to the DCA and in the meantime write to the CRA advising them that he never authorised a DCA to process his data and they should remove it cos they know this shyte happens....

 

See what they say mate....

[never-in-doubt]

Section 10 letter:

 

Remember to edit as you see fit and replace default with late payment etc.....

-------------------------------------------------------------------------

 

Their address

 

 

date

 

 

Your reference................ .......

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager.................. .................

 

 

Dear Sir/Madam,

 

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980

I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and

organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

 

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.

 

 

I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.

 

 

Under the Data Protection Act,a County Court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

 

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

 

Yours Faithfully

 

 

XXXXXXXXXXX

[Innocent_Guy]

Josh mate

 

Its the same old rule if there is no CCA then the debt cannot be enforced, do as cerberusalert says and send the letter (Section 10) advising them they have no right to publish data about him with the CRA.

 

Who out of interest is updating the CRA, is it Halifax or is it the DCA? If it is Halifax then that's fine, if it is the DCA then advise them to cease processing this data immediately prior to legal action being taken against them and if it is both then the most recent entry will be removed.

 

I'd be looking to send the section 10 to the DCA and in the meantime write to the CRA advising them that he never authorised a DCA to process his data and they should remove it cos they know this shyte happens....

 

See what they say mate....

Ok thanks mate.

 

I will email him later regarding it

[never-in-doubt]

Ok thanks mate.

 

I will email him later regarding it

 

If anything send the link to this thread to him - he can then post direct and the experts will be able to guide him thru the process....

 

 

Hows you today matey?

[Innocent_Guy]

If anything send the link to this thread to him - he can then post direct and the experts will be able to guide him thru the process....

 

 

Hows you today matey?

Yeah I will do....

 

I never thought I would find myself advising people about unenforcable CCA's but hey!

 

It is funny because he told my brother who knows I have become obsessed with knowing the ins and outs of CRA's / DCA's & CCA's so on so forth.

 

I do not know that much about CCA's but do read all of your MSE posts regarding them ......

 

I am thinking of going and getting a tattoo....... :D

 

How are you?