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    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
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lord_tiger_putin

Unlawful Rescission - Should DCA's stop processing your data

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When an agreement has been subject to Unlawful Rescission - what exactly are the situation then and should the CRA's stop processing your data?


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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As I see it, after unlawful rescission, the DCA can only claim the arrears and as such, should only place that amount on your credit file. If the whole amount is showing then IMO the info is incorrect and should be amended.

 

Whether they should stop processing, I don't think so


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If the agreement/contract has been terminated then they have no right surely to continue processing your data, what authority do they have?


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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If the agreement/contract has been terminated then they have no right surely to continue processing your data, what authority do they have?

 

 

I know that, you know that. In fact every sensible person knows it but try getting the Information Commissioner to agree. GRRR!!


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Guest HeftyHippo

as hardup says, if they ended the agreement, thye also ended yur consent to process data as they are part of the same contract. as silverfox says though, we all know that, its common sense, but the club doesnt think so

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your thinking is correct

 

one of my welcome threads that ended up in court on unlawful recession.

 

same old story, duff default notice and termination and had car repo

 

the cagger got all his payments back

a new free car

and all reference of the account on the cra deleated

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Guest HeftyHippo

perhaps the genral advice given about recission should be to complain to the ICO about them continuing to process the data. Maybe if we just kept on doing it the ICO might change their mind or at least refuse enough so we could take it up with our MPs as to why contract law is being rewritten.

 

I imagine they are saying they have to have the info for 6 years after termination, but keeping the info isn't the same as reporting the info to others is it? or maybe I miss the point?

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I believe I will have to send them a letter then? Can spell out the breaches, etc...


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Guest HeftyHippo

Thinking laterally, this is a similar situation to when no agreement exists. There cant be any consent to process data either, and as their is no contract/agreement, the company cannot rely on schedule 2 of the DPA (that yu have entered into a contract and it is necessary to process your data). As such, the company should have stopped processing your data as soon as they realised there is no agreement.... but do they? In fact, I think you could argue as there is no contract, they shouldn't even hold you data, never mind reporting it to others.

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If the agreement/contract has been terminated then they have no right surely to continue processing your data, what authority do they have?

 

If they lawfully terminates the agreement, valid DN, and you do not pay, then they should be able to process it, otherwise you can default and then they terminate and they will have to stop processing...

 

but

 

If they unlawfully terminates, it will be a different story...


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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