Thank for the explanation rory.

Apologies for this but, so its clear in my mind. All of the CCA applies to O/drafts apart from the requesting "executed agreements"? But they do have to provide some sort of document in request of the agreement?

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This was vodafons argumnt on the issue, and my reply The specified purposes are set out in our Terms and Conditions, and the privacy policy on our website. There is a difference between the purpose and the lengh of time that personal data are retained to achieve that purpose (see discussion on retention policy at the end of this email). I see Vodafone saying "There is a difference between the purpose and the lengh of time" is a compleat cop out! "Specific" means:- state explicitly: to state or identify something in detail or explicitly. There are obvious details missing from the T&C's and or Privacy statment I.e. retention times. Hummmmmmmmm.

So the only bit of the act that dose not apply to overdrafts is Form and /content s60 in part V? Is this correct?

There are laws on how long they may keep your details on there systems, limitations act or somthing, 6 years i think, maby 5. My opinion is that the top one has no bearing on your argument, they are saying that they can keep your details if they wish The bottom one, this is what you agreed to in respect of the CRA's, this is the bit that bugs me, How the hell can you consent to all the facts I.e the 6 year rule, if they nevver told you? it was not in the T&C's, the CRA's say themselves that i should say it in the T&C's (letter linked above). did u agree???????????

It seems off to me! Se what they say to the s10, it seems unfair to me that they can only publish the "bad" bits. It would seem to me that this is NOT a true refletion of the account history. While you wait for reply for the s10, double check that the entries on your file are correct in every way, if there not then this might ad weight to your argument. Give the Information Commissioners Office a call and ask there views on the "pick and choose" processing.

You will have agreed to them doing it, it will be in the T&C's. If your file only shows the bad bits of your contarct, that would not be ideal! I would ask them what will replace the "markers" now the account is closing. It could get complicated tho, as if you agreed to pay an amount then, in theory if you nevver missed one it should be replaced with a good marker? Se what they say to the s10.

Think so.

Apologies but what dose this mean?

The answer to your question is......................I dont no................ It is the opinion of my bank HSBC and also the opinion of Barclays bank that current accounts even with o/drafts are not regulatedby the CCA. Therefore they will say they are not required to issue you with your agreement. Now read this :-http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110184-car2403-barclays-bank-default.html Confused.....I am. However you say you are reclaiming charges, send proof (meaningful proof) to the DCA that you are disputing the ballance and ask them to wait for the outcome. The way the DCA should conduct themselves is in the document linked below. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

the word here is consent. if you did not consent to 7 serches its down to you to prove that you didnt. start with the one you did consent to, did you sign anything? if so get it read it, make sure there is no hidden nastys I.e. allowing him to perform multiple serches. I suggest writing the finance person a letter. get him to exsplain himself. "Thick up" the letter a bit, give him enough rope, he might do all the work for you. where you absent when the further searches where performed?

ANY PHONE COMPANY DEFAULT REMOVALS OUT THERE??????

Hutchison 3G Asked for removal apologised as it was a mistake offered the £226 owed, also offered £50 to there favorite charity as an apologie. Default vanished a month later. No payment made, reply letter, or nothing? CRA confirm its gone.

Once your square it will disapear ne-way? if it has not defaulted yet, when you catch up with your payments it will update. you may have to prompt them to update. At worst you will be left with late payment markers or number of payments missed for the months you where behind, the less of them the better. thats the way to clean up your file. And, if on the off chance you informed them of your inability to pay before it happened, maby they will change the late markers. If not use the s10 AS SOON as you have finished paying off, consent to publish data has ceased due to the contract ending because there was no mention of data retention in the T&C's, and the late payment markers are pushing the interest rates up on new loans.

Just ask.....Well beg £49 cant = 6 years punishment? or.... If they have given up chasing you question Orange's intentions, seems like revenge to me! If they dont want the money any more I.e its been writen off due to the small amount, then the data is inacurate, because i bet they have not updated your file. Then Look at this:-http://www.consumeractiongroup.co.uk/forum/legalities/30662-scanned-copy-experian-letter.html then Pick apart the T&C's (if you have or can get them from orange) and try to find the data retention part that you supposedly agreed to. bet you cant! This is from the ICO, guiedlines for companies processing data, page 11 section 4:-http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/ico_information_sharing_framework_draft_1008.pdf Orange probly will say, you gave us permission to give your data to the CRA's in the T&C's, its them keeping it for 6 years, but the letter above from the CRA's says it boils down to the permission in the T&C's. Was retention mentioned in the T&C's? Just a suggestion.:-|

Have you checked your credit files? As you missed a payment, technically you are in "default" in that respect, Issuing a default notice then recording it on your credit file is a different thing alltogether. Your monthly payments may be published on your credit files, you may now have 1 late payment marker for december. This is not a default, nor to serious, most miss 1 payment. I would square up with them soon as pos. I would be shocked if you have been defaulted after one missed payment, having said that, you never no............. Could u say if its a "default notice" or just a letter?.

Mate if its not your fault, chase em! dont give up!!!!! Loss of BT Phone Service - Compensation - Ecademy BT - Review - Get compensation. Hard with BT. BBC NEWS | England | Manchester | BT reveals phones meltdown cause BT Compensation in The AnswerBank: Business & Finance: Business Total up a rough estimate of what you lost and send them a letter, you have nothing to loose. http://www2.bt.com/static/i/btretail/btbusiness/downloads/OurConsumerService.pdf?com.bea.event.type=linkclick&oLName=link.searchresults&oLDesc=KB_243

I cant help but the author of this thread might? http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/125728-help-lba-bt.html

Hi ask them for a refrence number or Acc number, then call the company in question and crossrefrence it. N

Are you 100% sure that your current Acc and overdreft are covered by the Credit Counsumer act? I have been trying to get a "definitive" answer to this question as my bank are unsure, would you believe! it was exsplained to me by TS that: Running-account credit is a facility under a personal credit agreement. As current accounts are not "Personal credit agreements" overdrafts are not covered by the cca as running acc credit?

I totaly agree! For a definitive answer I would ask the CRA's direct.

Hi Snooty-c If you did'not no that monies where still owed, I.e you thought you paid it, and on realisation of the default on your credit file the outstanding was paid, then tell them what happend, be prepared to get your nose brown and lick As*, ask to them to remove the "default", if the ammount was small your chances get better. how old isthe debt? how much was it for? how was the account managed befor the default?

IMO it will all fall off after 6 years, 6 years after the account was last active. so in april 2011 it will fall off, or you will have to prompt them to take it off. Thats my take on it n-e-way, I might be corrected. If you could get the 3 3's taken off, this would be good history to have. it is settled now, u never no they might?

Where was that drawing board!