car2403 -v- On:Line Finance Ltd (Default Removal attempt)

[car2403]

While I was searching here;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

I decided to send Letter 1 to On:Line Finance. (I'm already claiming default charges back from them, in another thread, so why not go the whole sha-bang!)

 

They replied within 3 days enclosing a supposed "copy" of the original Default Notice - this was clearly a "reproduction" of the Notice and NOT a copy of the ORIGINAL one, though.

 

Last week I replied along the lines of Letter 2 in the link above, restating the original request and enclosing a copy of Letter 1.

[car2403]

Since sending this letter to them, they have failed to reply - so I sent them another nudge letter on 30 June;

 

After writing to you on 9 June and replying to your latest response on 16 June, I notice that you have failed to respond to my request to fully substantiate the Default entry you placed on to my Credit file with the Credit Reference Agencies on 19 September 2002. Please note that I originally gave 28 days from 9 June for this information to be provided – this deadline will expire on 7 July 2007.

For your information, I am enclosing a copy of my letter dated 9 June, to which I will require a response before 7 July 2007. You are legally obliged to provide this to me as this is my right under your obligation to supply the information under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). I am also concerned that you may be in breach of the Data Protection Act, as you seem to have processed this information without being able to fully substantiate this – hence my original request.

I look forward to receiving this information before 7 July, as requested – if you are unable to provide this, may I respectfully request that you instruct the Credit Reference Agencies to remove this Default from my Credit file and respond to me to advise me of this.

Please note that I may escalate this query to the relevant authorities if you continue to ignore my requests – including the Credit Reference Agencies, the Information Commissioner’s Office, the Financial Services Ombudsman and ultimately a Court of Law to seek legal remedies to rectify this situation, if required.

 

To this, they replied;

 

We write in reply to your recent letter.

We note that a default was issued on you account in 2002 but as this account has since been settled the default should have been amended to satisfied.

We have requested your credit file be amended accordingly and apologise for an inconvenience this may have caused you.

Please contact this office on [TEL NO HERE] to discuss your account.

Yours sincerely

 

So I have replied with;

 

Thank you for your letter dated 4 July 2007, regarding my request to have the Default registered on my Credit file with the Credit Reference Agencies removed as you appear to be unable to substantiate the information requested.

I note from your letter that you have arranged to have this “Default” marked as “Satisfied” with the Credit Reference Agencies – I would like you to note, however, that the Default has already been marked as satisfied on 18 September 2002 after being settled with yourselves – I would have thought that your records would have already highlighted this fact. As such, the letter that you have sent has again failed to take in to account my request for you to fully substantiate the information that you are processing with the Credit Reference Agencies. Accordingly, I am not querying the status of the Default registered, but the Default entry itself.

Please note that this is a legal request made under my rights - and your obligations, as a financial provider - to comply with my request under the Consumer Credit Act and the Data Protection Act.

To confirm the details of my request, I enclose a further copy of a letter sent to you on 9 June 2007, outlining my request to you to substantiate this information, a further letter sent to you on 16 June 2007, in which I replied to an “alleged” default notice that I think does not satisfy my original request and a further letter to you dated 30 June 2007, in which I outlined that you have failed to fully respond to my request.

Please, please take note of my original request – and respond with the information I have asked for. I have already outlined the action I intend to take if you continue to fail to provide this information, which is also detailed in the enclosed correspondence.

 

Where do I go with this now? Is it just a case of banging away with Letter 3? (From the link in post 1)

 

BTW - I also have the same issue with Grattan (Catalogue) and have followed the same process with them, but they haven't even responded to Letter 1 or the nudge letter I sent; (same nudge as quoted in this post)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/103744-car2403-grattan-plc-catalogue.html

[TheAnalyst]

Good on you mate, I'm in the same boat at the moment with Littlewoods, Welcome Finance and the Carphone Warehouse (although CW are not classed as under the CCA but I still think they have to send a default notice)

 

I'm doing them one at a time, first is littlewoods as they replied to my CCA request stating that they will not be pursuing a small outstanding balance due to having no credit agreement so I requested the default be removed but they would not play ball so I have just submitted a complaint to the Information Commissioners Office regarding them as without my express written permission (signed credit agreement) to pass on data to 3rd parties (CRA's) they (in my opinion) have not only breached CCA but Data Protection Act too.

 

I have some excellent information from the OFT about defaults, what and when they should be used and more importantly what EXACTLY they must contain, if you would like a copy of this and perhaps a copy of my Information Commissioners Office complaint form then PM me and I'll send them to you.

 

Good luck and keep us informed!

[car2403]

Thanks for that - I've had a look at the link in your sig.

 

Looking at the copy of the Default Notice they've sent me, there is no address/"trader" details on the copy - this must have been sent on a letterhead originally, but the copy hasn't been!

 

I'll be including these details in the, inevitable, non-response to my request letter I'm sending in 7 days.

[car2403]

I've sent the letter here, with a s.10 and s.12 Data Subject Notice;

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html#post187269

 

21 days and counting to ICO complaint if they still don't respond - still no Default Notice or Credit Agreement...

[car2403]

Surprise, surprise! No response to the last letter - I'm submitting a ICO/FSO complaint today!

[car2403]

Surprise, surprise! Both the Information Commissioners Office and the FSO have mucked up my complaints - again!

 

Information Commissioners Office;

 

"We haven't received your additional supporting evidence - please resubmit these for us to consider your complaint". Really? So how do you have the complaint form, because they were all submitted as a .zip file. (1... 2... 3... I'm still counting to calm down!) I've re-submitted what they want and won't hold my breath on a reply.

 

FSO;

 

Done exactly the same as they did here;

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd.html#post955916

 

So I'm starting from scratch with the FLA, who - incidentally - are totally confused as well, as they've mixed up my "charges" complaint with my "default removal" complaint that has now been started as a Court claim.

 

Letter off the them to tell them of their mix up anyway.

 

Maybe I need to complaint about these regulators?

 

I feel this will end up in the Courts as well, as it shouldn't be this hard to complaint to the official regulators!

[TheAnalyst]

Car, if you have a min do you mind me asking what was the grounds of your complaint to the Information Commissioners Office?

 

When I complained to them stating that as Littlewoods admit they have no credit agreement and that without my permission to pass data (default) to CRA's that this must be a Data Protection Act breach the Information Commissioners Office just replied stating that no signed agreement is required.

 

You seem to be getting further with them than I did?

 

Thanks!

[car2403]

My complaint form simply states;

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that On:Line Fianance Limited has placed a "Default" notice against an account in my name - I don’t have a recollection of ever receiving such a notice, and I therefore require the company to substantiate this data.

 

Having sent On:Line Finance a request for information to substantiate this "Default", they have failed to supply such information - these requests were made under s.78 (1) of the Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and later the Data Protection Act

 

Along with all the documentation I've sent them, which is linked above.

 

Nothing special really - a bit concerned at your response as that may happen to me though? I'm querying the "default" and not the signed agreement, (although that is implied in the letter/complaint, I suppose) though, so that that may be the difference.

[TheAnalyst]

They cannot help you then Car, the DPA does not cover sending out "default notices" thats the CCA and the ICO deal solely with DPA ...

 

You are in exactly the same boat as me, its the OFT that regulate the CCA however you cannot lodge a complaint with them as an individual, they wont investigate any individual cases mate

[car2403]

In that case, I'll be taking this right the way to Court to enforce my rights - no legally binding contract, committing a criminal offence by not supplying the agreement, concealment of information by refusing to supply information requested, defamation of character by defaulting my credit file and resultant damages.

 

Hmmm...

[TheAnalyst]

Have a read of this mate, backs up what I said above but looks like the Information Commissioners Office are being pressurised by TS to re-think their policy on the matter - good news for us!!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/110030-information-commissioners-office-view.html

[car2403]

Reply from FLA saying they've passed my complaint to OLF and I should wait up to 3 weeks for their response. Interestingly saying that I "may be able to" refer my complaint to the FSO if they are unable to resolve my complaint - which is what I wanted to do in the first place! Wonder what "may be able to" means? Hmmm...

 

Still waiting on that inevitable reply from the ICO as per TheAnalyst - nothing yet, though...

[car2403]

I'm trying to resolve this as part of my other thread with OLF regarding default charges; (which don't seem to "exist", apparently!)

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd.html#post1092814

[car2403]

Just rang OLF re the letter I sent them... (link in the post above - my OLF charge reclaim thread)

 

Thought I wasn't going to get anywhere initially, as they stuck to their version of events over the charges still claiming they hadn't been paid - I then spoke to someone more senior and we've agreed in principle that the claim will be withdrawn if the default they've registered is removed.

 

I'm happy with this, if they stick to their word, (I already have the Consent Order draft in my email!) as I wasn't interested in pursuing the charge reclaim but the default was causing me a headache. Of course it's a "goodwill gesture" to remove it, after me challenging it under the Data Protection Act/CCA in this thread.

 

Interestingly, they seemed more concerned with the ICO/FLA/FOS complaints than they did with the Court claim though? I'm not bothered either way...

 

SUCCESS!

[car2403]

The latest update to this thread can be found here;

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd.html

 

I won't update this one again, as both these issues are being dealt with together so you might want to subscribe to this link instead?

[car2403]

Final update on this thread;

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd-2.html#post1184782