Jump to content


No CCA, can I go for default removal?


Nicegirl1
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5177 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Have requested CCAs for most of mt debts and only received 2. All the others are in default. It's great because I've stopped paying them and I'm not getting much hassle. On the other hand, I've got lots of defaults on my credit file which is making life difficult. All but one of the defaults was entered by the OC. Lowell Financial registered the other one and could not come up with a CCA. I've asked them to remove the default but got the usual 'we think it's reasonable etc' letter. If I ask the others to produce a copy of the default notice and go down that route for removal, would it be admitting the debt? Or should I let sleeping dogs lie?

Link to post
Share on other sites

Hi Nice....you say you have received 2 CCA's back, have you got the wise and wonderful people on here to check they are valid or not ??? if you can scan them (take out all your personal details) - then you can get them verified here..... as for advice on the defaults i'm afraid i'm not very knowledgable on these yet....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

The 2 that came up with CCAs had already taken me to court and got CCJs. The CCAs looked OK but if a court has already enforced them, there's no challenge. I'm intending to SAR them and see if I can get the CCJs set aside because I'm fairly sure that they include large amounts of charges.

Link to post
Share on other sites

For those that haven't compied with CCA requests then yes, you can ask them to stop processing your data and remove the original defaults. If they refuse to do this your next port of call would be a complaint via the Informati Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk

Link to post
Share on other sites

For those that haven't compied with CCA requests then yes, you can ask them to stop processing your data and remove the original defaults. If they refuse to do this your next port of call would be a complaint via the Informati Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk

 

This is not quite the case, see:

http://www.consumeractiongroup.co.uk/forum/general-debt/103600-non-conformance-under-s10.html

 

"In any event, it is our view, having sought advice from our legal advisor's, that we are entitled to exchange information with credit reference agencies for the duration of the agreement and six years thereafter. This is because, "the processing is necessary for the purpose of legitimate interests pursued by the data controller or by the third party to whom the data are disclosed, except where the process is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject". (see paragraph 6(1) of schedule 2 to the Data Protection Act 1998 ("the Act").

Link to post
Share on other sites

This is interesting as I have dealt with clients who have successfully had defaults removed going the info commissioner route ( and I'm sure there are a few examples on here as well ).

 

Then again if you don't ask you don't get!

 

Thankls for the post though I will have to jhave a detailed look into this...

Link to post
Share on other sites

This is interesting as I have dealt with clients who have successfully had defaults removed going the info commissioner route ( and I'm sure there are a few examples on here as well ).

 

Then again if you don't ask you don't get!

 

Thankls for the post though I will have to jhave a detailed look into this...

 

Can you elaborate, on what basis has the ICO removed default notices?

Link to post
Share on other sites

Ive spoken to clients who have put a complaint forward on the basis that there was no CCA so should not be processing the data. I have to say I'm not a caseworker so haven't dealt with this on anyone's behalf we just mention it as a possibility ( I'm a debt counsellor so CCA is just a very small part of what we advise on to be honest )

Link to post
Share on other sites

Ive spoken to clients who have put a complaint forward on the basis that there was no CCA so should not be processing the data. I have to say I'm not a caseworker so haven't dealt with this on anyone's behalf we just mention it as a possibility ( I'm a debt counsellor so CCA is just a very small part of what we advise on to be honest )

 

In what capacity are you acting?

Link to post
Share on other sites

I'm a debt counsellor for a charity

 

Thanks Powelll, what a thoroughly decent and Honorable job you have. I expect you have seen it all!

 

Any advice and help you are able to give will be greatly appreciated.

Link to post
Share on other sites

Thanks Powelll, what a thoroughly decent and Honorable job you have. I expect you have seen it all!

 

Any advice and help you are able to give will be greatly appreciated.

 

Cheers Monty2007 I like decent & honourable!! Yes we see some pretty extreme cases but it's very rewarding - I try to nip onto this site where poss to help out but I have to say there are so many knowledgeable people here it's great I've learnt loads myself...

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...