1St Credit Forgot to Request CCA - Reject My DPA S10 Request

[ghands]

Hi,

 

First Credit say they forgot to request my CCA over a year ago (they lost a court case because of this), and they have no issue with contacting me as it is not breaking the law. They are contacting the original creditor.

 

They will not accept my DPA request to cease and desist as it falls under the Schedule 2 section 2(a) of the act.

 

What the heck does this mean?

[clemma]

They reckon they can still process your data based on the "agreement" that you signed.......

 

Personally I would not trust these monkeys and would send them another CCA request. It's up to you though - but if you have the paper trail, then it's all the better for you when trying the s10 route

[nicklea]

Hi,

 

First Credit say they forgot to request my CCA over a year ago (they lost a court case because of this), and they have no issue with contacting me as it is not breaking the law. They are contacting the original creditor.

 

They will not accept my DPA request to cease and desist as it falls under the Schedule 2 section 2(a) of the act.

 

What the heck does this mean?

 

This means that they have the right to process data under a contract. But of course - they don't have one.

 

However, in these sorts of cases, if the other party does not repsond then the only thing that you can do is to actually carry out the threat that you made in the section 10 notice.

[debt4get]

the problem with trying to get them to comply is if there was originally a debt albeit one that was not legally enforceable they will argue that the debt still exists and therefore they have the right to process data eg entering a default on credit file, in one sense it is true the debt hasnt just dissapeared into the wild blue yonder, but is unenforceable but getting a court to agree maybe difficult

[nicklea]

I would suggest that getting a court to agree isn't necessarily difficult.

 

You have asked them to prove that they have an agreement allowing them to process your data and they have refused to comply.

 

Although you do need to word your claim very carefully, I would suggest.

 

It would probably need to be something along the lines of (apologies I'm writing this after a bottle of wine):-

 

On xxxdate I made a request to the defendant, in the form of a notice under s10 Data Protection Act 1998, that they supply proof that there is an executed agreement in existance that allows them to process my personal data as I am of the belief that there is no such agreement in existence.

 

I requested that, if they could not prove the existence of such an agreement, that they cease processing my data in order to pass it to a credit reference agency as it is likely to cause substantial damage or substantial distress to myself and that damage or distress is or would be unwarranted as there is no executed agreement in existence.

 

The defendant refused to do this and merely replied that they were entitled to process my data under Schedule 2 section 2(a) without providing any proof that there is an executed agreement in existence between the two parties.

 

It is not accepted that the notice was in any extent unjustified and it is averred that the defendant may only rely on Schedule 2 section 2(a) if it can prove that such an executed agreement exists.

 

The defendant has refused to prove that such an executed agreement exists.

 

I therefore make an application that the court do order the defendant, under s10(4) Data Protection Act, to disclose to me an executed agreement that allows them to process my personal data and to share it with third parties.

Edited June 30, 2009 by nicklea

[ODC]

I wouldn't send them another CCA request. You have their letter admitting you already made the request and they forgot. Therefore by their own admission they are in default

[2Grumpy]

What was the court case they lost? Were the trying to get a CCJ?