Default Removal - katenandpete v HSBC **WON**

[ppauls150]

There is no legislation that says they have to retain data for 6 years. Except for information already in the public domain such as CCJ's, BO's, IVA's etc.. A default does not fall into this category.

 

I think that they are actually asking tinkerbell is that the company concerned are saying that they cannot produce the Credit Agreement as they are saying that they only have to keep these for 6 years so they dont have to supply it as they no longer have it as it is longer than 6 years. That is what i understand from what she is aking but again i might be reading the question wrong lol

[ppauls150]

If they can't produce a default notice then, under the CCA, no default has occurred, in which case the CRA is holding incorrect data on you. Look up sections 87-89 of the CCA for details on DNs.

 

Why don't you issue a StatNote to the CRAs (any that are lodging the default account) and tell them that they must remove the default marker as you consider it inaccurate data. If they wish to challenge your demand, then they must request a copy of the default notice from the lender to prove that THEY have the right to hold such an adverse piece of data. It is not up to you to prove you're right, it's up to THEM to prove you wrong.

 

Make it a condition of any exemption that they must back up any exemption they wish to prove by means of a document to prove their facts. State that you do not want merely a statement from them claiming to be correct - you want to see the goodies.

 

Okay, I digress....

What the CRAs are tending to do these days is just writing to everyone saying "no because", but NOT including their proof of evidence.

 

Every other clause under the First principle of processing Personal Data cannot be applied, and it they argue clause 1, then simply withdraw your permission by letter. Clause 6 is their last chance saloon, but the HAVE TO PROVE IT in any exemption letter they send you.

 

By Law, they do not have a legitimate interest whatsoever unless they can show it... a reply in a letter stating "yes, we can, because the bank says so" is NOT under any circumstances a defence to this part of the Act. THEY HAVE TO PROVE IT with copies.

Everyone needs to understand that the CRAs cannot insist on doing nothing until the banks say so and authorise changes to the credit files - this is another big fallacy that the CRAs have perpetuated to cut down their own work.

 

They are a separate Data Controller, and you have as much right to demand that they correct your data, as you do to tell the banks to do it. If the banks/suppliers want to start playing silly beggars and playing three-thick-monkeys*, (and Vodafone's behaviour on this aspect lately is nothing short of scandalous) then just deal with the CRA - they HAVE to talk to you and action your requests.

 

SB you are a class act another fine bit of information that puts things into prospective. I think that we all understand where you are coming from it is just that a lot of people just need pointing in the right direction and with a bit of little information to guide them it gives them fresh hope

[ppauls150]

Ok this has been brought up in another thread that they tried that tactic that you just mentioned by saying we only have to send you the terms and conditions but you are right in what you are saying the law that they are stating is not right and it does have to be a signed copy or they cannot chase you for the debt.

Click Here For Thread

p.s dont forget the scales

[ppauls150]

Finally someone has had success. Look here

Click Link Here

[ppauls150]

Only one word for that WOW

[ppauls150]

Well first things first i would reject their offer on several reasons being that they have not met your full ammount, secondly if the account it made up of charges then the default is wrongly unenforceable in law and if this went to court they would lose on both accounts of these reasons.

 

Secondly i havent got a scooby doo on what they sent you so cant comment on that. Need someone to confirm all this who knows their stuff.