Bank OD - s.10 data proctection act help needed

[dgs82]

can anyone please confirm what the states and how best to use this section of the act.

 

any credit company weather bank, loan company, credit cards, catalogues etc who cannot produce an enforceable cca, is it then true i can use this section.10 data proctection act to get them to remove my data from CRA's, close all files on my CRA record in relation to the cca not enforced and also force them to stop sharing my data with any third party (including inhouse debt agaents) in which they have to lawfully oblidge my request as there is no cca which in turn no debt so no CRA file.

 

all factual help and experinces in this section great fully recieved

 

cheers

[dgs82]

anyone???

[dx100uk]

you've been reading far too much crap proported by these reclaim company sites.

an unenforceable CCA is just that, it's not enforceable in a court of law.

it doesn't mean they cannot process your data nor register markers on cra files, nor magically make the debt written off.

 

give more info upon the debts/issues you have that has prompted this thread for help

 

dx

[vjohn82]

A debt will always exist in some form or another. Even "statute barred" debts continue to exist and legal action can be taken.

 

The CRA's record defaults for a period of 6 years from the date of "default" whether the debt is paid or not. The OFT guidance on filing defaults clarifies this.

 

No firm has the obligation to remove your data unless the data is excessive/incorrect etc.

[UnitedFront]

A debt will always exist in some form or another. Even "statute barred" debts continue to exist and legal action can be taken.

 

The CRA's record defaults for a period of 6 years from the date of "default" whether the debt is paid or not. The OFT guidance on filing defaults clarifies this.

 

No firm has the obligation to remove your data unless the data is excessive/incorrect etc.

 

I'm interested in what action this might be? As I've never come across any Statute Barred debt that could be actionable through court?

 

Cheers.

UF

[247orbital]

In theory it could be taken to court but the judge would just throw it out as 6 years is sufficent time in order to enforce any debt. DCA's rely on people not knowing their rights and the law hence they always try it on.

 

I had a call for friend who lived at my parents in 1994 recently, I just told them not to be so stupid the debt would be Sb anyway and that he now lived in Australia, they asked me for his address and I just no.....end of.

[UnitedFront]

Yes I know that DCA's do take SB debts to court.... but the Limitation Act means that any court is barred from enforcing the debt.

 

I just wondered what the legal action that vjohn was talking about was.... because if there can be any enforcement through the courts on a SB debt then there is a massive gap in my knowledge.

 

Cheers.

UF

[vjohn82]

The references to "statute barred" are simply for a defence i.e. it is a full defence to state a debt is statute barred.

 

This does not prevent a lender from taking a case to court and seeking a judgement. The Defendant has to raise the Limitations Act 1980 as a defence which will be considered on the basis of evidence.

[UnitedFront]

Yes I understand this..... but if a debt is truly Statute Barred then there should be no successful legal action that any company can take against the alleged debtor. Because, as you said, it is a full defence.

 

Thanks for clarifying your point for me though, much appreciated.

 

Cheers.

UF

[vjohn82]

Yes I understand this..... but if a debt is truly Statute Barred then there should be no successful legal action that any company can take against the alleged debtor. Because, as you said, it is a full defence.

 

Thanks for clarifying your point for me though, much appreciated.

 

Cheers.

UF

 

That's right... there "should" be none... but many debtors do not seek legal advice and many statute barred cases make their way through the courts regardless of the fact. They have to use the Limitations Act 1980 as a defence... if they don't then the claim will pass through the court.

 

That's why we have to keep raising awareness of it

[UnitedFront]

Absolutely could not agree more!! DCA's will try any number of dirty tactics! I'm all for raising awareness of these issues

 

Cheers.

UF

[dgs82]

dx

the debt is for an original amount of £15, the debt is now £1300 made up of charge after charge.

 

i havent been reading too much crap at all. s.10 clearly states and proctects us in cases where defaults have been added to CRA's due to debts made up wholly or mainly by charges.

[UnitedFront]

OMG is that a typo?? A £15 debt being increased to £1300 by charges???

[vjohn82]

Surely a typo?

[dgs82]

nope it is defo not a typo. i have been defaulted on my credit file and to date it says still outstanding debt £1346.

 

this is a debt from a bank for overdraft. however i did not have no overdraft. the overdraft they state i have had was on a basic bank account that had only a debit cad. no cheque and credit facilities at all.

 

i had no direct debits on this account and the unplanned overdraft is from a purchase on a debit card that shpuld have been refused at the checkout if what they say is true, which is that i did not have the funds in the account to cover the payment.

 

i have been charged up to £300 a month for this, fees, interest and so on.

 

something which i havent paid in protest.

 

when contected about this amount they offered to wipe only £150 as long as i paid the rest in full. no chance of that i am afraid.

 

dx is right in a way as this is not a cca issue i got confused regarding this at the begining.