Data Protection Request versus CCA Request - CONFUSED!

[Monty2007]

Hi

I submitted a request to Amex under the 1998 Data Protecion Act in which I specifically requested that they supply me with copies of ALL information that Amex holds on me within my rights under this Act. They sent me copies of all my statements and transcripts of their notes resulting from manual (i.e. PC) interventions, details of letters received and sent (but not copies of these) and telephone call notes.

 

However they DID not send me a copy of my CCA. Are they obliged to do this or do I have to specifically request this separately under the Consumer Credit Act 1974? I thought that the Data Protection Act 1998 would also cover this? The former also costs a £10 and the latter £1....

 

Comments please.

[miss muppet]

Yes if you didn't ask for a true copy of the executed agreement under the Consumer Credit Act you need to go to the template letter under General Debt. They have 12+2 days to respond before they are in default and 30 days from then on to criminal default when you can report them to the relevant authorities. You can stop paying them if you are on a dmp from the 14 days if they haven't provided the agreement. Read up all about it on Consumer Credit Agreement - Resources/workshop, on the forum search.

[sequenci]

interesting one this, under the dpa they should have furnished you with a copy of the agreement, however, still send that cca request becuase the rules surrounding unenforceability will kick in if they've not sent you a copy 12 days from when they receive their request.

 

best of luck with it.

[Monty2007]

Thanks Guys, much appreciated. I agree, the Data Protection Act request should cover ALL documents they hold on me and I was very specific in this request. Still, I have asked for the executed CCA. They provided very detailed trainscripts of conversations but bo CCA? Seems odd............

 

What is the statues of agrrements that were executed on-line in 2003? Anyone any ideas??

[Valhalla]

Hi ,

Hope this question is relevant to this thread

 

 

I've read other threads/posts saying that you can get a data controller to stop giving out info about you once a credit agreement has been settled,

 

but can you request a data controller to stop processing your personal details when a credit card agreement is in the dispute stage, on the basis that if the agreement is in dispute and you stop making payments because of that dispute, any data given out to third parties would be based on the bank's interpretation of an unresolved issue and so the info given out must necessarily be open to doubt and unsubstatiated ?

 

Thanks for your comments on this.

 

Valhalla