no credit agreement but threats issued

[mobomobo]

Hi All

I sent 2 CCA letters to the bank regarding 2 credit card accounts which I have been paying of since 2001 they sent me a letter back saying the agreements had been misfiled and they are unable to supply them,but the agreement is still valid and they still expect me to pay them off.

They then stated that if I missed any payments they would report the default to the credit reference agencies,they had never had either of these account with any CRAs. I have now sent them the default letters as they didnt supply the agreements within the 12+2 days.

What I really need to know can they still send my details to the CRAs when they dont have an agreement with my signature allowing them to process data about me. I notice on the account in default letter I sent them that it states under section 10 of the DPA they are to cease processing any data in relation to the account and to CRAs.

I now have a good credit rating with at least one of the CRAs (the one on the TV) so dont want that harmed (all the problems were back in early 2001) and dont show after the 6 year rule. If they do contact CRAs about these 2 accounts is there anything I can do about it, (ie) is it against the law for them to process data about me without my authorisation. Any help would be much appreciated.

 

mobomobo

[unclebulgaria67]

I believe they will and can report defaults to CRA's. I am sure there was a case last year, where the judge ruled that the creditor could report this to the CRA's. There was evidence of a financial relationship and of the default, so creditors could report this.

 

I am not sure whether the missing CCA, would prevent them, if you challenged in court or with the ICO.

[fuzzybobble]

The trick is in this situation is to force their hand slightly. If they have no agreement, then they have nothing to prove you gave them permission to process your personal data under the Data Protection Act. So them messing around with entries on your credit file is a huge no, no, and can land them in a whole heap of trouble if they do.

[debt4get]

the trouble is the debt still exists..the fact they cannot find an agreement is just a bit of luck and means they cannot enforce payment in court...however, they can and will trash your credit file...unfortunate..you could take them to court and argue they have no right...but you could also be opening a can of worms

[fuzzybobble]

Push them using the data protection act and make them prove they have a right to process your personal information. Without a CCA they will not be able to do this. Having evidence of a financial relationship means nothing when it comes to them having to try and prove you gave them permission to process your personal information when it comes to trashing your credit file and the resulting effects of it.