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Defaults Removal off


johnc007
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Hi All

 

Sent the standard letter to get a default removed from my Credit file. got a reply which was basically bog off here is the reply any ideas on how to responded

 

I am writing with reference to your letter and statutory notice dated the 16th of May 2007 which has been forwarded to me to respond to.

 

In your data subject notice you have made a request under section 10 of the DPA for us to cease processing personal information about you. I am sorry that OUSBA is unable to comply with you request, as by the terms and conditions of the credit agreement you signed with us and governed by the CCA 1972 we have to give true and factual information as to how you account has been conducted. this is also stipulated in the credit agreement under disclosure with regard to information release to CRAs and Debt recovery agents. A copy of the Credit agreement has been enclosed for your attention.

 

A default notice was issued on the 9th of December 2002 outlining what action could occur and that we would terminate your account if you had not responded within the statutory period. This is also documented in section 7.1 of the credit agreement form regarding defaults. we are required to comply with the DPA of 1998 which required that once a default notice is recorded that record remains on file for a period of six years. As we received no response to the default notice a termination of agreement was sent to you on the 2nd of January 2003. The termination agreement advised that if no response was received from you within fourteen days then the matter would be passed to our legal agents for collection.

 

Your account has not been cancelled but terminated by us. Where we have defaulted and terminated an account as in you case we can continue to disclose information on the current state of your account. The account was settled in April 2003 and your record with the CRA shows that the debt has been satisfied.

 

You have also made a request under section 12 of the DPA that OUSBA dos not make any decisions which would affect you solely by automatic means. I can confirm that OUSBA dose not make any decisions about withholding credit form applicants automatically and that members of staff do review cases where there is a possibility that credit may be declined. we are therefore complying with your request under section 12 of the DPA.

 

 

Finally, I have contacted Experian for further clarification on the issue you have raised regarding the practice of maintaining adverse entries for a period of six years. They have confirmed the following:-

 

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms of legitimate interests of the data subject."

 

We take a wide wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. it is important to not that the fact that processing may be seen by some to prejudice a particular individual ( for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) dose not necessarily render the whole processing operation prejudicial to all individuals.

 

The Act does not prescribe the period for which information is retained by CRAs. However we understand that the Crowther Report on consumer credit 1971 expressed support for the view that a statutory time limit should be considered and suggested a period of six years should be adopted. At the time this was already the practise common to the major CRAs. The Younger Committee on Privacy considered that the prevailing practices of the agencies were coordinated, there was no immediate necessity for statuary recommendation to be made but prepared the ground for the DPA 1984 by recommending that periods should be specified beyond which the information should be retained.

 

The fifth data protection principle states that "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

 

Account information is held by the credit reference agencies for a period of six years after the account was last active. It appears to be the case that in addition to current credit commitments the preceding six years of an individual’s credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence this historical information would appear to be relevant to the purpose of credit referencing and by holding this information the agencies would not appear to be in breach of the fifth principle."

 

I hope that I have been able to clarify the situation for you regarding the information supplied by OUSBA to Experian the CRA. I would also advise that OUSBA is not a bank and does not therefore follow the requirements of the banking code. If you still unhappy with the response then the next step would be for you to write to the Manager of OUSBA at the registered address above

 

 

Any help on how to proceed would be appreciated.

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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this is the letter from the ICO that she is quoting from

 

Experian Ltd

Lambert House

Talbot Street

Nottingham

NG80 1LH

6 December 2006

A number of complainants have written to Experian stating that information relating to accounts they have held with credit providers should no longer be held. The complaints maintain that Experian only have permission to hold account information for the duration of a credit agreement and that once the agreement ends so does the consent to process information about it. Please accept this note as confirmation of the Information Commissioner’s view on the matter.

The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information. This is not the case.

The first data protection principle requires that as well as processing information fairly and lawfully, organisations must satisfy one of the conditions in Schedule 2 of the Data Protection Act 1998.

It is our view that the condition for processing below covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

“The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject.”

We take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals.

The fifth data protection principle requires that information processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

The Act does not prescribe the period for which information is retained by credit reference agencies. However we understand that the Crowther Report on Consumer Credit 1971 expressed support for the view that a statutory time limit should be considered and suggested a period of six years should be adopted. At the time this was already the practice common to some of the major credit reference agencies. The Younger Committee on Privacy considered that as the prevailing practices of the agencies were coordinated, there was no immediate necessity for statutory recommendations to be made but prepared the ground for the Data Protection Act 1984 by recommending that periods should be specified beyond which the information should not be retained.

Account information is held by the credit reference agencies for a period of six years after the account was last active. It appears to be the case that in addition to current credit commitments the preceding six years of an individual’s credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence this historical information would appear to be relevant to the purpose of credit referencing and by holding this information the agencies would not appear to be in breach of the fifth principle.

I trust this has clarified our position.

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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Had the exact same reply from them myself, for a default issued just 6 days before yours! (Was also settled in April!), Sent them another letter asking clarification on a few points, specifically under what terms do they continue to process after termination of contract and pointing out that the letter from the information commisioner applyed to CRAs and was vauge at best. They didn't even bother to send a reply. Have currently drafted a further letter demanding removal or further action and, if they decide to ignore that one it'll be court.

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has any one got any ideas how to proceed

My Claims:

 

Isle of Man Bank -

WON £3054.79 (settled at court stage)

 

BarclayCard -

Claiming £701.89 Part 3 letter sent

 

Capital One -

WON £1500 (settled at court stage)

 

CitiCards -

Claiming £1549.41 (at court stage)

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