Subject Data Acess Requests

[Sparkie1723]

A little bit of info that could assist a lot of forum members, I wonder how many menbers have considered sending a SDAR to the credit Reference Agencies?

I did and I received over 2000 pages of info.. yes! thats right 2000, and in there I found a lot of info that is helping me in my court case against The RBOS, to give you an idea of how serious my case is, it is being heard on the Multi track. The barrister for The RBOS (Cobbetts of course ) wanted it to be heard on the fast track, but the judge said "no way hose" There are too many issues at stake in this case.

 

Sparkie 1723

[Guest The Terminator]

A little bit of info that could assist a lot of forum members, I wonder how many menbers have considered sending a SDAR to the credit Reference Agencies?

I did and I received over 2000 pages of info.. yes! thats right 2000, and in there I found a lot of info that is helping me in my court case against The RBOS, to give you an idea of how serious my case is, it is being heard on the Multi track. The barrister for The RBOS (Cobbetts of course ) wanted it to be heard on the fast track, but the judge said "no way hose" There are too many issues at stake in this case.

 

Sparkie 1723

 

Sparkie have you got a template for the request I'll make the ba*****ds work.

[Mike220359]

Bloody hell I didn't even think about sending one of these to them.

 

One is on its way.

 

Mike

[LondonPam]

Hi Sparkie,

 

Must admit I hadn't thought of doing that. I am reluctant to use the usual "report" facility with them as you have to let them know your addresses over the last 6 years, which I won't. What did you actually send to them ?

[sbfido]

I have just had equifax on the phone in relation to a notice i sent them under section 10 and 12 of the Data Protection Act, it was my understanding from an email that they have managed to confirm a defaulted account that has no credit agreement and refused to correct it or remove it. I know there's no agreement as it has been set up wrongly and appeared twice on my credit file. They refused to move the information and removed the notice of correction - oh dear! That ****ed me off!

 

I have read most things on here and managed to draft a 7 page letter to them with a request for the to stop processing personal data or third party information without my written consent unless covered by the data protection act or they provide a copy of a contract that i have agreed that allows them to publish the information. The contract has to be an active one!

 

They were very very very polite on the phone, i wonder if the statement at the end of the letter which did state that in 21 days i will be ensuring the information is circulated and failure will result in immediate legal action through the county court and a private prosecution against the data controller which could result in a £5000 fine or prison, i will also ensure the legal claim gets publish in the legal section of the national press (The Times) the document and legal challenge would have severe consequences for these companies as the information is not in the public domain. (Couldn't resist) I have been informed that i will get a letter by return today with there decision and can't wait, I only faxed it last night. No argument were made to the letter on the phone and it had gone to the senior CR manager, very polite and nice (I am still in shock). They didn't state anything about them having a legal right either although the letter does cover the act very well.

 

My letter did state that information will be shared on this site. I will update and if sucessful publish it on here.

 

In addition I expect all information remove in three weeks. time will tell if sucessful and if so i will have contact more CRA's Exeprian ect.

[Sparkie1723]

sbfido,

First of all send a SDAR to Equifax, also in the letter you are going to apply to the court for an under section 10 of the DPA ( the right to prevent processing likely to cause damage and distress to remove the information also that you will be claiming damages against them for this distress,and get this point over to them real strong, that you are aware now that Credit Reference Agencies are not "custodians of the data they hold now, under the 1984 DPA they were, and usd this to bluff people but under the new 1998 DPA that came into force in 2001 has changed the roile of CRA's and they are now classed as Data Controller, dont let them bluff you, they are Data Controllers now.

Tell them that by s

refusing to remove the data that is not covered by an agreement they are in breach of the FOURTH PRINCIPLE of the DPA a) "Data shall be accurate and, where necessary kept up to date" b) Data are inaccurate if they are incorrect or misleading as to any matter of fact".

 

In the ICO legal guidance The THIRD PRINCIPLE states that Data Controllers should consider " the possible consequenses for individuals of the holding of such data".

 

THeres a lot more about this than you realise my advice to you is to send for the legal guidance book.

Dat Protection Act 1998.........ISBN no1:870466 23 3

 

Sparkie1723:)

[sbfido]

I have sent the notice to both parties and the response i got was that they have investigated and been told the information is correct, i have asked for there evidence.

 

Two accounts that relate to the same account yet equate to two deafults different default dates / same start time / same account number/ two comapnies names/ same amount of monies and yet defaults are different and one state HP one states Loan. This relates to a car i returned after the company breached the agreement. I also have all the letters relating to this and the 9 months it took to get the car back to them. The breaches they did and threatening behaviour and 11,000 of charges, Harsh, I also have three dates on credit information CRA date / Credit agreement my original copy TYPIN ERROR say Shephen instead of Stephen and then warrenty cover starting on another date. FAB!

 

I also have one default that is an account i have not seen - no cca although requestered and told by the company they are not wasting there time on it don't call again - twice! A court summons pending for this MCOL already issued and served 27/12/ provided information to CRA and they still say its correct. I have also sent CCA request to Interim Justice that state they are returning my cheques as they can not provide information and i should contact the original company - but they state as above do not contact! Catch 22

[Sparkie1723]

sbfido

Take it a step at a time send your SDAR and letter off to Equifax, get ALL the info they've got. Youll get a lot more in that than from getting your standard credit report believe me I got over 2000 pages in mine.

 

As I said one step at a time.

 

Sparkie1723:cry:

[sbfido]

Thank you I will send them a cheques to all three CRA with the request and hold onto my mail box for the delivery. 3x2000 = alot of trees.

 

Thanxs Sparky i will keep in touch!

 

SB