Taking on GE Capital Bank Ltd

[wicket]

Following on from my original thread -

http://www.consumeractiongroup.co.uk/forum/legalities/29451-default-removal-debt-not.html

 

I've issued the suggested letter in removing my default for this debt which has been fully paid. This was noted as delivered on 12 Sept 2006.

 

The letter asks for an acknowledgment within 5 days - and presumably they must comply or challenge within 21 days.

 

Probably a daft question - what do I do if they don't acknowledge? Presumably this bit is not as important and so should just sit back and wait - at least till 21 days are up before doing anything further.

 

It's strange but once you issue these letters - your hoping for an immediate response even though you realsitically know they'll take their time!

[wicket]

Ok folks.

 

Rather unsurprisingly I've not heard a sausage from GE Capital. 21 days are up on Tuesday and so it's now time for an LBA. Drafted out this one - any suggestions?

 

Re: Formal notice to desist from processing or disclosing personal subject data

I wrote to you on the 8 September 2006 with a formal notice to stop processing my data with immediate effect and stop sharing my data with the credit reference agencies. The letter was received and signed for on 12 September 2006

I asked for an acknowledgement of my letter and asked for you to respond fully to my notice within 21 days.

To date you have not responded in any way or had the courtesy to acknowledge my letter.

I have checked my credit file with Experian today and note the last update was on the 3rd September 2006, simply showing the default as satisfied.

Please note. Unless I receive a satisfactory response to my letter within 14 days of this letter I will, without further notice, take the matter to court requesting enforcement action to comply with the notice in your possession.

To avoid such action please:

1. cease to continue storing, processing or communicating my data;
   
2. remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely:

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

Of particular note is the Acts own term "his creditworthiness";

3) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and

4) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to GE Capital Bank Bank plc will exist on my credit files.

To clarify the reasons for my request, as detailed in my earlier letter.

1. The continued processing of my data, including sharing of information is causing me substantial distress and hardship
   
2. You have failed to supply me with a true copy of any default notice
   
3. You have failed to supply a copy of the credit agreement in which I gave you permission to process my data beyond the life of the contract
   
4. As the account is closed and the contract between us terminated you no longer have my consent to process my data in any way, including the sharing of data with third parties including credit reference agencies

[wicket]

Also, Where can I find an online version of the CCA 1974?

 

I find lots of references to it from a google but not an online readable version - presumably as it's old.

 

Thanks

[pford]

its here link was in the Statutes Library

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

[wicket]

Brilliant - thanks pford.

 

Now for some light reading!

[wicket]

finally had a reply today and surprise surprise...got nowhere. briefly here are the main points of their reply

required to retain on our system to comply with regulatory and legal requirements

also report details of all accounts opened with us to credit agencies

condition of opening account that details are shared with the agencies

settled account registered for 6 years until cra deletes it automatically these practices are standard industry procedure abd consistent with the advice of our regulators

so i think a fairly standard response with no substance.

time to respond, they have not demonstrated anywhere they are legally correct in what they do for a closed account

any ideas for a response gratefully recieved...

oh, and they've coneniently ignored the s10/s12 notice

[wicket]

Ok,

 

Here's a draft of letter I'm about to send - all comments appreciated please:

 

Thank you for your letter 12 October 2006. Your delays are inexcusable, especially as I have had no response to my original letter of 8 September 2006.

 

I am disappointed with your response. Your letter contains a number of errors of fact which I address below. In addition you should consider this letter as formal notice that unless I receive a satisfactory response from you within the next fourteen days I shall begin court proceedings against you that shall contain a claim for damages as appropriate. I wish for you to reconsider your decision to avoid such court action

 

You state “As a responsible finance company we also report details of all accounts opened with us to three credit agencies” You go on to say “It is a condition of opening one of our accounts that details are shared with the agencies. A settled account will be registered for a period of six years until the reference agencies delete it automatically.”

 

I agree consent was given via the contract in connection with this account. However the account has been closed and the contract between us has ended. ALL conditions attached to that contract also end at that time.

 

At no point did I consent to the processing of my data beyond the life of the contract. If you insist that is the case please immediately forward a signed copy of the agreement in which you allege I gave my consent.

 

You state “These practices are standard industry procedure and consistent with the advise of our regulators”

 

Will you please indicate in which legislation you can lawfully continue to process my data without my permission. I hope you will agree that “standard industry procedure” is not the same as ‘lawful’. For you to continue to process my data in this way you must demonstrate your legal entitlement to do so in perpetuity. To date you have not done this. I contend you have no legal right to continue to process my data and you are in breach of the data protection act – in particular the sharing of my data with credit reference agencies.

 

For clarity: Section 1(1) and paragraph 5 of Schedule 8 Data Protection Act 1998 defines Processing of Data as meaning obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-

(a) organisation, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

© disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d) alignment, combination, blocking, erasure or destruction of the information or data

 

 

Maintaining a default notice on my credit file comes within the definition of Data Processing as defined in the act in that you are ‘Holding’ such data and under part c) ’Making Available’

 

The credit reference agencies hold only the information YOU supply them. I demand you instruct Experian, Equifax and Callcredit to remove this data with immediate effect

 

Of particular concern is your continued failure to address the notice under S10 and S12 of the data protection act 1998. You have also failed to supply me with a true signed copy of the alleged default notice.

 

To avoid court action I request you:

 

1. Cease processing my data with immediate effect

2. Request the three credit reference agencies – Equifax, Experian, Callcredit to remove immediately the data relating to this account currently being supplied by you.

3. You comply with the legislation of the Data Protection Act 1998 and the Consumer Credit Act 1974

 

Unless I receive a satisfactory response within 14 days I will proceed with court action.

[dayglo]

They really don't care how you 'feel'

 

this is a game of chess - al that matters are your actual 'moves' not what you think as you make your moves.

 

(sorry - had a bit to drink this evening!)

 

I'll have a go at editing the letter as I would have sent it - but that's not to say that my way is any better than anyone elses.

 

please dont take any offence, non intended.

[wicket]

No problems - I'd rather send a letter that gets a response and gets the job done. Glad I asked

 

Thanks for taking the time....

 

Celebrating well tonight??

[dayglo]

actually i read it again, I think the majority of it is pretty fine!

 

 

Thank you for your letter of 12 October 2006. I am disappointed in your failure to respond adequately to my letter of 8th September

Your letter contains a number of errors of fact which I address below. In addition, you should consider this letter as formal notice that unless I receive a satisfactory response from you within the next fourteen days I shall begin court proceedings against you that shall contain a claim for damages as appropriate. I wish for you to reconsider your decision to avoid such court action (I like this bit!)

 

You state “As a responsible finance company we also report details of all accounts opened with us to three credit agencies” You go on to say “It is a condition of opening one of our accounts that details are shared with the agencies. A settled account will be registered for a period of six years until the reference agencies delete it automatically.” (I like this too)

 

I agree consent was given via the contract in connection with this account. However the account has been closed and the contract between us has ended. ALL conditions attached to that contract also end at that time.

 

At no point did I consent to the processing of my data beyond the life of the contract. If you insist that is the case please immediately forward a signed copy of the agreement in which you allege I gave my consent.

 

You state “These practices are standard industry procedure and consistent with the advise of our regulators”

 

Will you please indicate in which legislation you can lawfully continue to process my data without my permission. I hope you will agree that “standard industry procedure” is not the same as ‘lawful’. For you to continue to process my data in this way you must demonstrate your legal entitlement to do so in perpetuity. To date you have not done this. You have no legal right to continue to process my data and you are in breach of the data protection act – in particular the sharing of my data with credit reference agencies.

 

For clarity: Section 1(1) and paragraph 5 of Schedule 8 Data Protection Act 1998 defines Processing of Data as meaning obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-

(a) organisation, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

© disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d) alignment, combination, blocking, erasure or destruction of the information or data

 

Maintaining a default notice on my credit file comes within the definition of Data Processing as defined in the act in that you are ‘Holding’ such data and under part c) ’Making Available’

 

I require that you:

 

1. Cease processing my data with immediate effect

 

2. Instruct the three credit reference agencies – Equifax, Experian, Callcredit to immediately remove my data relating to this account

 

Unless I receive a satisfactory response within 7 days I will proceed with a court claim which will include a claim for damages as deemed appropriate by the court.

 

Regards,

[dayglo]

No problems - I'd rather send a letter that gets a response and gets the job done. Glad I asked

 

Thanks for taking the time....

 

Celebrating well tonight??

 

I am certainly celebrating well. I can barely see never mind type.

 

Please understand that whatever you type in this letter is largely irrelevant.

 

All you need to do is something that you can show to a court later on that you gave them opportunity to sort this out without going to court - they won't but you have to show that you tried.

[wicket]

Thanks Dayglo, will get this off today:-D

[sarahpp]

“These practices are standard industry procedure and consistent with the advise of our regulators”

 

Sorry- picky I know but, you want this to sound professional. Should read advice and not advise.

 

Good Luck

 

Sarah

[dayglo]

true. I wasn't on best form last night!

[wicket]

Thanks Sarah - that's the trouble with speelcheckers -

[debt_mountain]

I know when "we" (CAT memebrs) (well me anyway) are writing letters we normally get carried away but after I have had my rant I step away from the laptop for a couple of hours and then go back and reread my letters.

 

As said above the content is fine but largely irrelevent. Pointing holes in there initial response is

1 - giving them info on the arguements you will use in court and allows them to prep an answer

2- you don't really care what they think all you are doing is treading water until the next letter can be sent awaiting the timescales to show the court goodwill.

 

we really just want to get them to court as they don't have a leg to stand on.

 

My advice is to read there respons and just check you are not missing anything and then send the default proven letter.

[wicket]

Hi Debt!

 

Thanks for the advice...can I just check though which letter you mean.

 

I've already sent SB's letter, had no reply and followed this up (as a few messages ago). Is there another letter in the templates etc that I've missed?

 

Quite happy to go to court however I don't think anything I've sent till now would quailfy as an LBA :?

 

Thanks

[debt_mountain]

Hi Wicket,

 

I just use the templates from the step by step guide.

 

I just sent the standard prelim letter asking for my money back and they sent it to me!!. I only gave them 10 days not the 14 as I am tired of the waiting and it was a small amount of cash, for a large claim I would follow the tried and tested process to the letter.

 

The next letter would have been the LBA, then the Mcol.

 

Any interim letter is just feeding there delaying tactics. As always advised just stick to the tried and tested process using the tried and tested letters.

[wicket]

That letter is the reclaiming bank charges etc - I'm not claiming charges back on this account - just trying to get the default removed. :?

[debt_mountain]

oops, wrong answer in the wrong post. I will go find the links to the other letters.

 

The letters are in the default hell thread post #28 ,

 

After the time limits are up you can use the following (but with Cabot I just went for the N1 court papers as they had ignored my SAR request and my CCA and my stop processing my data letters so thought if they aint replying to that lot why bother with another LBA).

 

 

-------followup to STOP PROCESSING MY DATA------

 

to: their address

Date:

Dear Sir or Madam

On the [DATE] I wrote to you requesting certain documents under the Consumer Credit Act 1974.

Contained in my request was a notice pursuant to Section 10(1) and Section 12(1) of The Data Protection Act 1998 that you cease to process any of my data and remove all data in which I can be personally identified from your automated processes.

 

Section 10(3) and Section 12(3) of The Data Protection Act 1998 require that you respond to such a notice within 21 days, either:

 

(a)stating that you have complied or intend to comply with the data subject notice or

 

(b)stating your reasons for regarding the data subject notice as to any extent justified and the extent, (if any), to which you have complied or intend to comply.

 

Please note, the letter dated [DATE]containing this notice was deemed served on the [DATE], although in actual fact it was received by your office on the [DATE]. Consequently, the deadline for a response expired on [DATE].

 

You are now in contravention of The Data Protection Act 1998.

 

Please respond to the notice dated [DATE] within the next 10 days. Failure to respond to this notice will result in a formal complaint being made to The Information Commissioners Office and pursuit of my rights through the courts.

 

I trust I have made myself clear on this matter. Should you be in any doubt as to your obligations I recommend consultation with your legal counsel.

 

Yours Faithfully

[wicket]

:lol: :lol:

 

Thanks Debt_M, it is late in the day after all lol

[dayglo]

to be honest - the only reason I sent my LBAs giving Vf and Nw 7 more days was that I needed to wait until payday (7 days away) to find 2 x £150!

[vandermerwe]

Good morning Wicket

 

Hope you don't me butting in on your posting, but in case you missed it the financial press reported yesterday that General Electric's shares had dropped significantly blaming, among other divisions, their financial sector.

 

GE Capital Bank is part of the mess.

 

Now the largest company in the world obviously employs, and can afford to do so, the best available analysts (soothsayers, psychics or whatever:rolleyes:) and I am firmly convinced they saw the ordure heading the way of the fan before most, and ordered their UK operations to batten down the hatches.

 

Arise, then, the Yorkshire Mafia (Cattells, CL Finance, Cohen et al) who bought a load of debt at a nice price.

 

Now imagine someone working in Leeds for one of the GE mob. What would a sensible person do? Resign, or perform their duties so badly, so rudely, so inefficiently they were fired or made redundant?

 

Step forward the employment tribunals!

 

I think GE should have stuck to making light bulbs.

 

Cynical? Moi?

 

Sorry for the intrusion Wicket.

 

Vandermerwe