Default removal Time retail finance (now GE) / Aktive Kapital

[timmy1875]

I have been trying to get a default removed by Time retail finance (now GE) and Aktive Kapital.

 

On the 24th November i sent the 2 letters below to time retail finance

 

 

Data Protection Act 1998

Subject Access Request

 

ACCOUNT NUMBER:

Dear Sir/Madam

 

Please supply me with a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully

timmy1875

AND

Date: 23rd November 2006

Dear Sir or Madam

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee

You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

timmy1875

 

I had no reply from them at all so called them 2 weeks ago to find out what was happening. On talking to some manager he advised that they would send me nothing and refered me to Akitve Kapital as the account had been sold to them.

 

On calling Active Kapital they advised it has nothing to do with them but they would try and get the information from time retail finance. below is mails i have had from them

 

 

Our Ref:

 

Re: Comet

Ref:

 

Dear

 

Further to our conversation today i can confirm as follows;

 

I have spoken with my colleague and requested he try and obtain a copy

of the default notice from the original creditors. As i stated we

aren't oblidged to request this information but i have stated i am willing

to try in this case.

 

I will today speak with my colleague Kevin Allmark to obtain the

required information in regards to processing collating and storing your

data.

 

On receipt of the requested information i will contact you to discuss

further.

 

Regards

 

 

*******************************

 

Our Ref:

 

Re: Comet

 

Dear

 

Further to our telephone call on 2nd February 2007 I can advise as

follows.

 

We have placed a request for the default notice with Time Retail

Finance and have been advised that it is unavailable.We are unable to help

any further in regards to this matter.

 

They are able to provide a copy of the agreement and they will forward

this in due course.

 

We can advise that we have received receipt of your correspondence

dated 31/01/2007 and will respond in due course.

 

Should you have any queries please do not hesitate to contact me.

However i am out of the office on the 7th and 8th of February and will

return on the 9th February.

 

Regards

 

****************************************************

 

Our Ref:

 

Re: Comet

 

Dear

We acknowledge receipt of your letter, received here on 5th February

2007, i have sought further advice in regards to your query as

requested. The letter will be passed to our internal or external lawyers for a

response, and we will liaise with the Originator of the subject

Agreement.

Regards

 

 

I then contacted Experian and the have advised that they can do nothing and will contact Aktive Kapital on my behalf and sent this mail to me

 

Our Ref:

 

12 February 2007

 

 

Dear

 

Thank you for your telephone call to this office.

 

In view of your comments about the account with Aktiv Kapital (UK) Ltd,

I am writing to them for you. This is because I cannot amend your

report without their consent. I will let you know what they say as soon as

they reply.

 

While I investigate your comments, I am adding the following statement

to the entry you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL

CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE

TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE

INDIVIDUAL CONCERNED."

 

Your report should change in the next seven days. Please use this

letter if you need proof in the meantime.

 

I am telling all the companies that have searched your credit report in

the last six months of the change to your information.

 

Yours sincerely

 

**********************************************************

 

I then contact Aktive Kapital again to advise them of my contact with experian and they then send me this email

 

Our Ref:

 

Dear

 

I can advise that I have forwarded all the relevant information to the

parties concerned.

 

You will receive notification from myself within 5 working days of the

current status of the account.

 

GE Capital have confirmed they are looking into the matter and i will

contact you on receipt of any progress.

 

Regards

 

 

I then contact Aktive by phone again and im advised that Time retail / GE dont have to provide the default notice and that it is good enough for GE to say it was sent and if i decided to take court action Ge would say it was sent and that wouilds surfice.

 

I was then called back by a man from GE to advise me not to contact them about this matter again and that they will not talk to me anymore and that all contact should be made through Aktive. I asked him to send me a letter to state this and he said no and that he should not even be talking to me.

 

Aktive are in discussions with GE now and have advised that they will advise me of the result within the next 48 hours.

 

What should i do now?

 

* start procedings agains active for processing my data that cant be substantiated

 

* make a MCOL claim for the £11 i sent to time retail (that they cashed) and make a condition of the claim that they remove the defult

 

or any other suggestions, as i feel ive ran into a brick wall?

 

Cheers

T

[timmy1875]

bump

 

can anyone help?

[timmy1875]

21 people have looked, 0 have helped?

 

Can anyone offer any advise?

[dayglo]

ok - it's a bit hard to follow some of your posts with all the formatting tags still there! you may get more response if you remove them?

 

anyway...

 

fwiw - I would forget trying get copies of orginal default notices as these are completely different from the defaults on your credit file.

 

to save me from having to re-type and format an explanation I've done before - you may find this post contains all the help you need. http://www.consumeractiongroup.co.uk/forum/legalities/64981-natwest-default-2.html#post559475

[timmy1875]

How does this look for MCOL, i wanted to include stuff about them not replying to my SAR but not enough space, also had to squash it up abit to fir it in.

 

It is the Claimant’s contention that:

1) The Defendant, is processing the Claimant's personal data without consent.

2) The Claimant sent a notice under s.10 of

the Data Protection Act 1998 on 24/11/06, requesting the Defendant to cease

processing his data, on the grounds that it

was causing unwarranted substantial damage

and distress.

3)The damage and distress relate to the

Claimant having to pay higher interest

rates on credit agreements and the

inability to obtain new credit arrangements

or to obtain a mortgage at the notmal

interest rates.

4)The Defendant continues to process the

Claimant's personal data through their data

processors of Equifax, and any other Credit

Reference agencies.

5)The Claimant claims:

a

An order that the Defendant ceases

processing the Claimant’s data under

Sections 10(4) Of the Data Protection Act

b

Compensation at the courts discretion

under s.13 of the Data Protection Act 1998

c

Return of the £11 paid for data

protection information requested yet not received.

d

Court costs

[dayglo]

MCOL is set up for monetary claims. As your claim is for something other than money in the main, I wuld not use MCOL but use an N1 form at court.

[timmy1875]

I'm using MCOL and including the monetary element of £11 to get the cost down to £30 instead of £150.

 

Do you think it will be ok?

 

Cheers

[ClintMccutcheon]

You cant use mcol unless its for a money issue only (i think) as dayglo said, you need to use an n1 form really

[dayglo]

I'm using MCOL and including the monetary element of £11 to get the cost down to £30 instead of £150.

 

Do you think it will be ok?

 

Cheers

 

the cost of the claim is the same regardless of which method you choose to register it.

 

According to the rules and the help files on mcol, it is designed for claims involving money only.

 

If your claim is predominatly for something other than money, I would file manually at court. Read the guidance and make your own decision.

[timmy1875]

YE HA, YE HA, YE HA

 

Got a call this morning from Aktive saying, that since they have received no response from GE /Time Retail and the fact that the debt was settled in full in 2004, they will be instructing all the CRA's they deal with to remove the default from my files. No court action needed.

 

GET IN

[dayglo]

Congratulations.