Helz Vs GE Money

[payingonlyencouragesthem]

It certainly does. From a legal standpoint at least it means it's not his account.

[lookinforinfo]

Not quite enough info yet. It could be a one off clerical error, or there is

someone else with GE with the same surname, different forename, which

would be a DPA breach.

Are you saying that all his correspondence is wrong-and have you a copy of

the original agreement?

[singletracker]

I have just had a CCA request returned, the copy of the agreement has my surname spelt incorrectly, is it possible to cite this as a reason to say the debt is unenforcable?

 

The debt includes some minor charges, which if removed, leave a balance of £100. The debt has been sold on from Black Horse to a DCA. I did not receive a copy of the Deed of Assignment with my CCA - should I have?

 

The DCA is also using the same incorrect spelling of my surname and all correspondance from Black Horse has the wrong spelling.

 

What can I do?

[me_n_my_kids]

Hi there

 

I sent off my complaint to ICO about a week ago for lack of statements, and just wondered if anyone could tell me what generally happens next?

[MrBump]

Generally, they reply with a letter such as this:

 

Thank you for your complaint. The decision has been taken to deal with the matter as a Request for Assessment under section 42 of the Data Protection Act 1998 (‘the Act).

 

On receipt of a request for assessment, we are under a duty, in most instances, to assess whether it is likely or unlikely that the processing in question has been, or is being, carried out in compliance with the provisions of the Act. However, we have discretion as to how we carry out the assessment and to what action, if any, to take. The criteria on which these discretionary matters are decided are set out in our Policy on Handling Assessments, which is available on our website or from the address above.

 

We have considered the request in accordance with this policy and we are of the view that the information which you have provided does not justify starting a formal investigation. We have therefore made our assessment solely on the information which you have provided to us. We have not made any direct contact with the data controller.

 

You complained to the Information Commissioner regarding a subject access request you submitted to GE Money under section 7 of the Act. You notified me that you sent your request to GE Money on 23/10/2006 quoting account details **** **** **** *** and **** **** **** ****. You informed me that you received a response from GE Money dated 15/11/2006 but that it was incomplete.

 

I note that in your request you have made specific reference to Bank statements and to charges levied on your account in the last 6 years. At the time of writing to us you brought it to our attention that despite submitting your subject access request to GE Money, you were still awaiting a full response from them in relation to your request.

 

There are eight Data Protection Principles (“the Principles”) in the Act, sometimes referred to as the Principles of “good information handling” which data controllers are required to comply with.

 

On the basis of this information, it appears likely that there has been a contravention of the sixth data protection principle of the Data Protection Act 1998. The rights to subject access under sections 7 to 9 of the Act fall within this principle, which states, “Personal data shall be processed in accordance with the rights of data subjects under this Act.”

 

A data controller must comply with a subject access request promptly, in other words as quickly as he can, and in any event within 40 days of receipt of the request or, if later, within 40 days of receipt of:

 

a)the information required to satisfy himself as to the identity of the person making the request to enable him to locate the information which that person seeks; and

b)the fee.

 

We are of the view, therefore, that it is unlikely that the processing concerned has been carried out in compliance with the provisions of the Act. This is because GE Money failed to provide you with a complete response to your request within the required time period of 40 days.

 

I will now inform GE Money of the out come of my assessment. I will instruct them to respond to your subject access request in full with immediate effect, either by supplying the personal data that you are entitled to under the Act, or by contacting you to obtain any necessary further information or fee in order to carry out your request. I will also ask them to explain why you did not receive a complete response to your request and for their assurances that they will take greater care to safeguard the personal data of their customers.

 

It may be helpful to explain that a contravention of one of the data protection principles is not itself a criminal offence and the Information Commissioner has no power to ‘punish’ a data controller. In such instances, the Commissioner will seek a resolution to the contravention and once satisfied that it has been remedied then in general no further action will be taken.

 

Furthermore, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act. If this is something you would be interested in pursuing, I would advise you to obtain legal advice with a view to taking the matter to the courts. The Information Commissioner is unable to comment or advise on any claim for compensation.

 

Thank you for bringing this matter to our attention. Your case will now be closed.

 

Yours sincerely

 

Matthew Negus

Casework & Advice Officer

 

It does seem to focus their attention when they get ticked off! Good luck.

 

Bump

[singletracker]

Letter just received. Juicy bits only, will skip the blah blah stuff.

 

"after reviewing your account I can see that this agreement was taken out in XXXX XXXX. The signature on the finance agreement and the DD mandate both match your signature however I can advise that due to a typing error the surname name on the agreement was incorrectly spelt as ***** where it should have been *****.

In view of this typing error, as a gesture of goodwill I can now confirm that the above account has been closed and can also confirm that DCA has also closed the account at their end.

I can also advise that I have had your credit file amended and no adverse information has been recorded against you."

 

Result!

 

Question is, if they are climbing down so markedly, do I push further? This letter appears to have overlapped with an SAR N1 filed, where I have requested SAR and default notice info etc to be presented with my correct name on it. Clearly they cannot provide this information. Do I pursue for damages, return of payments etc or be thankful that I've got them off my back?

[payingonlyencouragesthem]

I just had a similar situation with NatWest and concluded that it would be best just to grab the offer and run. You might be able to land them in hot water with the SAR but I doubt it would be worthwhile financially.

[me_n_my_kids]

Hi there, im trying to establish the balance of 2 GE money accounts, and sent SAR to GE months ago. in return i got 3 statements, this was for 2 accounts both open for 2 and a half years. so i sent a letter asking for the rest, and when i still didnt get them i sent a complaint to the ICO. they have replied saying they have complied with the SAR because they have sent all they have.

 

but, where does that leave me at the moment with regards to these accounts with balances in dispute? it looks like GE are never going to come up with the statements i need to calculate the unlawful charges, of which i know there is a good few!

[steven4064]

Your next option is to pursue them through the courts. You can't use MCOL for this, you have to use an N1 and send to your local court.

 

The N1 can be downloaded from Her Majesty's Courts Service - Home and here is advice on http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

Steven

 

If this post is helpful, please click the scales

[me_n_my_kids]

in the meantime, do i have the right not to pay, as the balance cannot be agreed?

[steven4064]

Did they send copies of properly executed agreements as part of theri reply to your SAR? If not, ring or write and ask for them - they constitute part of the information held on you and should have been sent. You are entitled to a copy on payment of £1 under the Consumer Credit Act 1976. If they don't supply them within 12 days they are in breach of the act and cannot do anything - add charges, etc. If they don't reply within 30 days they commit and offence. If they can't find them then the debt is unenforceable - youdon't owe them anything.

 

Steven

[me_n_my_kids]

i sent a cca to them in dec, they replied with an application form, which we stupidly at the time thought was acceptable. we then sent an sar. to which they provided 3 statements in total. (for 2 accounts over a period of 24months) i asked a further 2 times for the rest of the information. they said thats all they had. so off went a complaint to the ICO. in reply still all we got was 'we have sent it all to you' they then sent a demand for money, i sent a letter back saying the balance is in dispute, i cannot arrange a payment plan. have now had a letter saying it appears the £10 was never paid. now i know for a fact it was, and im just about to go searching for some kind of evidence in one of my folders, im really hoping i have something. could you advice me on a reply letter i can send please?

 

sorry that was long and rambly!

[Phillum]

no not at all... i have similar prob except mine is A4 long... also I have had calls threats, court papers that look tacky etc... what do we do? I am owed £50,000 by my ex, but govt doesn't care yet i get this from my ex ...another debt?

[dx100uk]

time for DPA non compliance letter then me thinks threatening court action unless they cough with the required info.

 

typical ploy for GE money though

 

dx100uk

[Bookworm]

7 threads merged.