Can someone please check this letter?

[dori2o]

It is the basic template from the Default Hell thread, but this has been adapted as the letter is being sent to Cabot who have been assigned a 'debt' by Citifinancial.

 

The bits in red are what I have amended.

 

Any help appreciated.

 

Statutory Notice pursuant to Sections 10 and 12 of

 

 

 

The Data Protection Act 1998.

 

 

 

Re: Kings Hill (No1) Ltd/ Cabot Financial (Europe) Ltd

 

Account holder: XXXXXXXXXXXX

 

Address: XXXXXXXXXXXX

 

Whereas I had been customer of CitiFinancial Europe Ltd and whereas I consented in my agreement with them to the disclosure by them of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the agreement that I did consent to the processing by them of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within seven days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party. Take notice that you must also remove my subject data from all automated processes with immediate effect, as per my rights under Section 12 (1).

 

This Notice is served on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Signed,

 

 

 

 

Mr XXXXXXXXXXXX

 

Dated this Thirty First day of November, in the year two thousand and six.”

 

 

 

"[address it to their Data Controller]

 

[make sure it's dated - vital!!!]

 

Dear Sirs,

 

Re: Kings Hill (No1) Ltd/ Cabot Financial (Europe) Ltd

 

I understand that you have placed a default marker on my credit files in relation to the above account. I am contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

 

As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) for which you have no consent to do. The agreement you hold was assigned to you by CitiFinancial Europe Ltd in July 2004. Therefore any consent given to CitiFinancial Europe Ltd, allowing them to divulge information to third parties became null and void upon the transfer of the account to Kings Hill (No1) Ltd/ Cabot Financial (Europe) Ltd .As the agreement with CitiFinancial Europe Ltd is no longer in situ, then my written permission has also ceased from the date of assignment.

 

 

Principle 2 states:

 

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

I emphasise the term "specified...purposes " as in that specified within the contract, and no more. I also emphasise the term "shall not be further processed".

 

The agreement, that I signed, only gave CitiFinancial Europe Ltd permission to process data during the term of that agreement. It neither included any other permission, nor did it imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contract that stated that they had any arbitrary right to continuing processing data for up to six years after the ending of the agreement.

 

Also, I cannot recall any clear statement that gave my express permission for you to disclose my subject data to third parties after the end of the at any time. You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause, if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court. I do not believe that you have any such statutory obligation especially in such a case as this; alleged non-payment in a civil matter.

 

However, if I am mistaken, and the contract did specify unlimited time extensions, then you must provide me with a copy of those terms indicating where I have signed an agreement to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice.

 

You should be aware that you have, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against Kings Hill (No1) Ltd/ Cabot Financial (Europe) Ltd.

 

I trust that I have made my position clear, and that you will make a serious effort to understand your legal obligations and effect the changes requested. Should you be any doubt as to your obligations as a Data Controller, then I would advise that you seek legal advice.

 

I look forward to receiving your confirmation that my data file has been altered to remove all reference to my account with Kings Hill (No1) Ltd/ Cabot Financial (Europe) Ltd, within the timescales indicated herein.

 

Yours, etc.

 

 

[gizmo111]

Is this a paid default and are you claiming from Citi?

[dori2o]

The balance is not yet cear, however, on my credit file I have 2 defaults refering to the same 'debt' (created by charges).

 

Citi are showing that I am defaulted at £653 ( made up figure) and my credit limit is £500 (made up figure) and it shows an outstanding figure of £135 (made up figure)

 

Cabot Financial / Kings Hill, whichever they are, also have a default for this 'debt' which is showing to be £153 (the amount I a over my credit limit) and also shows the balance due as £142

 

My concern is that, although I have a balance to pay, I have never given consent to Cabot to file data with anyone. So even if the 'debt' is outstanding, they are stil acting unlawfully.

 

I also have a problem with Citi filing a default. If I try and contact them they will not deal with any queries refering to the balance, payment etc as they say, they no longer own the agreement. Therefore that should mean that they no longer have consent from me to file data with CRA's.

 

That's my opinion, and possible not right within the law of the DPA.

[gizmo111]

Are you claiming charges from Citi?

[dori2o]

I will be, need to claim from a few others in order to get the money for the court claim, as I've read on other threads that Citi almost always wait for the claim to go to court before paying out.

[Number6]

Typo in this bit:

 

Also, I cannot recall any clear statement that gave my express permission for you to disclose my subject data to third parties after the end of the at any time. You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause, if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court. I do not believe that you have any such statutory obligation especially in such a case as this; alleged non-payment in a civil matter.

 

You need to mention Section 10 (cease and desist data processing) of the Data Protection Act in your notice, I can only see a reference to S12 (cease automated decision taking).

 

Other than those it seems fine.

 

Are there any specific questions?

 

Pete

[dori2o]

You need to mention Section 10 (cease and desist data processing) of the Data Protection Act in your notice, I can only see a reference to S12 (cease automated decision taking).

 

Pete

 

Hi, thanks for pointing out the typo, could you suggest a line to input with regards to section 10, not very good at letter writing.

 

Thanks

[Number6]

You have it in your heading but it might be as well to change this:

 

Therefore, take notice that I require that you cease from processing within seven days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party. Take notice that you must also remove my subject data from all automated processes with immediate effect, as per my rights under Section 12 (1).

 

To this

 

In accordance with Section 10 of the Data Protection Act 1998 take notice that within seven days of the receipt by you of this notice you must cease to process or else you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

In accordance with Section 12 of the Data Protection Act 1998 take notice that you must also remove my subject data from all automated decision making processes with immediate effect.

 

Pete

[dori2o]

Thanks.

 

One more question, as you can see from earlier in the thread, there is still an outstanding balance, but as stated earlier, Citi have advised they no longer have any dealings with the account as they have 'sold' it, and Cabot, or whoever they are, have never been given consent by myself to divulge such information to anyone.

 

Do I have any chance of having these removed, even if I was to chance it and go through the courts.

 

These defaults are causing me hardship with loan applications as the loan companies are using a bigger rate of intrest to combat the defaults.

[Number6]

Thanks.

 

One more question, as you can see from earlier in the thread, there is still an outstanding balance, but as stated earlier, Citi have advised they no longer have any dealings with the account as they have 'sold' it, and Cabot, or whoever they are, have never been given consent by myself to divulge such information to anyone.

 

Do I have any chance of having these removed, even if I was to chance it and go through the courts.

 

These defaults are causing me hardship with loan applications as the loan companies are using a bigger rate of intrest to combat the defaults.

 

The counter argument is that Cobot have bought the right to chase the debt and they could argue that you are in default. It's arguable certainly but I couldn't call which way it might go.

 

Pete