Removal of default notices on credit record?

[Josie8]

Hi guys,This is my first time posting and i saw this post and i need your guys help!!! I tryed your first letter and todayi got this response;

 

I regret that i am unable to provide you with a copy of thre original application in respect of the account

 

However, we are not legally obligated to do so. We are only required to provide a copy of the terms which were in effec t of the account being opened and the current terms. Copies of both these documents are enclosed.

 

Copies of your statements at the time of default are being sent to you under seperate cover and you should recieve these shoretly.

 

The £1 fee with your letter has been returned to your account.

 

A default notice was issued to you on 13 april 2004. default notices are produced by our computer system and we do not retain copies of them.

 

We are not legally obligated to retain a copy of the default notice and are only required to retain a record of it in our files.

 

It is a legal presumption that a letter properly addressed to the last know address on file is recieved in due course and this will apply to your default notice.

 

the debt was not sold on and no deed of assignment was issued.

 

 

 

What am i ment to do now? Help please!!

 

Oh and good luck everyone with all your claiming back!

 

I assume that you have already CCA'd them (along with the £1 postal order). If you haven't do so immediately. If you have send a letter similar to this

 

I refer to my letters dated .................... which was delivered via recorded delivery to your offices on ................. and my follow up letter dated ..........................

 

In my letter of ................................. I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. A statement of my account should also have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expires (d) on .......................... and ............................... respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

You have failed to provide me with a true copy of the original agreement and therefore as at ............................. this account became unenforceable at law and I now intend to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Additionally any monies I may have paid to your company should be returned to me forthwith.

 

Should you fail to respond favorably to this letter within seven (7) days of receipt I reserve the right to commence litigation against your company without further notice. In that event I will be asking for full disclosure from yourselves including production of the orignal signed agreement.

 

Please reply by return

Yours Faithfully

 

Alter it where you need to

[Josie8]

Hi Pugsley,

 

Thanks a lot for your reply. Can you explain, though, what an s10 notice is and how this will help me?

 

Cheers

Alphakeek

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

Re: account no. 0000

Reference: 0000

Account holder.

Address. Your Address

 

Whereas I have been in correspondence with Style Financial Services since ...... and despite my correctly formatted request under the Consumer Credit Act 1974 they have failed to produce a correctly executed agreement between myself and Style Financial Services implying my consent to process any data where I am the data subject. Without such consent, Style Financial Services had no authority to disclose any data where I am the data subject to a 3rd party such as .........................

 

Therefore Take Notice that I require that you cease from processing within 7 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.

 

As you do not have, and never have had, my consent to process any data where I am the data subject I require destruction of any data you hold where I am the data subject. I also require a certificate of destruction showing

• Date of destruction
  
• Description of records or Record series disposed of
  
• Inclusive dates covered
  
• Method of destruction
  
• Name of person the records where destroyed by
  
• Name of Witness to destruction
  
• Name of Department Manager

This Notice is given 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 may already have been caused 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.......................

Name PJ99

 

Dated this 11th day of June in the year two thousand and seven.

 

 

s.10 notice is a notice under the Data Protection Act instructing them to stop processing your data.