Unlawful Rescission - Should DCA's stop processing your data

[lord_tiger_putin]

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

[silverfox1961]

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

[Hardupnotfedup]

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

[silverfox1961]

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!!

[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

[postggj]

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

[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?

[lord_tiger_putin]

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

[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.

[lord_tiger_putin]

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...