Thanks car, I have no real proof, it has been over 15 days since it was sent, royal mail would now class this as lost and Voda will not comment, I assume they would confirm if it was returned? What with the child benefit data being lost and again by Voda all within 2 weeks my chances of ID theft has doubled! I will complain anyway i think. If you get a moment, could you help with my other thread please car: http://www.consumeractiongroup.co.uk/forum/legalities/122985-10-poc-help.html

Hi Need help with my POC please, I issued First direct with a s.10 notice due to inability to obtain a morgage and sky high intrest rates on future credit due to the history of my non-credit bank account with the CRA's, obviously thay will not comply, 10 days to go. I have had there final response and sent LBA. The POC is a mish-mash of bits from this site and my opinions. Before i send them off are they ok? are they in the right order? i would appreciate any hints or advice. 1.The Claimant had a “non-credit” Cheque account ******** with Defendant starting 31/08/2006 ending on 04/02/2007 conducted on their standard terms and conditions at that time. 2.The account history and several “default markers” processed by the defendant continue to appear on the Claimant’s credit reference file relating to settled “non-credit” Cheque account ******** closed on 04/02/2007. It is the Claimant’s contention that: 3.The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2007, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress. 4.The defendant failed to comply with a Statutory Notice issued by the Claimant under s.10 of The Data Protection Act 1998. 5.The Defendant continues to process the Claimant's account history & default markers through their data processors of Equifax, Experian Call Credit without meeting any of the Conditions relevant when such a notice is served, namely Paragraphs 1 to 4 of Schedule 2 of The Data Protection Act 1998. 6.The damage and distress relate to the difficulty obtaining a mortgage or credit for the next 6 years and the inability to obtain credit or a mortgage with competitive interest rates also for the next 6 years, mainly due to the account history & default marker processed by the defendant regarding this “non-credit” cheque account ********. 7.The defendant is in breach of Principle 2, and therefore also in breach of Principle 1 of The Data Protection Act 1998 in misleading the claimant, the claimant is referring to the terms & conditions applied to Cheque account ******** concerning the data retention period. Accordingly the Claimant claims: 8.An order from the courts that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act. 9.An order from the courts under s.14 (4) Data Protection Act 1998 for Erasure or destruction of the data – including but not ending at details passed to the Credit Reference Agencies. 10.Court costs. Thanks.

Hi After requesting my bills, memos and letters via Subject Access Request(S.A.R) Vodafone seem to have lost them! It was sent normal post to an old address and have admitted to not reciving it back undelivered. They sent it the second time recorded to my current address and i recieved this time but to my horror ALL of my bank details are included, sort code, acc no#, DOB, name, addresses, even my current address? the lot! Obviously it wories me, what punisment can i give them, any? Taa

Hi I was wondering if anyone has issued a S12 (Rights in relation to automated decision-taking) notice to a company who has refused them credit? and what sort of response have you had? I have a problem with getting a mortgage and thought it might be worth a go? this i did, the response was dissapionting, The company didnt seem to no what the S12 notice was? I have no outstanding debt but a few(3) defaults. 1 late payment in my most recent loan. my credit history is bad "ish" but IMO I could afford what i am asking for? Taa

Hi And i thought my credit rating was bad!?!?!?!?!? I only have 2 defaults, 3 payed off accounts without defaulting, 1 with 1 late payment. "12 defaults", "8 defaults and one CCJ" thats, well, WOW! I regret my attitude towards credit when i was younger, it has bitten me in the ass now. To the exstent that i cant even get a credit repair credit card, or bank ACC with anything othere than a electron card. I would love to be able to get credit, might be a a bad thing, but there if i need it type thing. If your fed up with borrowing/credit then sit tight for 6 years, then hey presto! clean slate! if you want to use it again that is! Not one of my defaults are 100% accurate, they even differ from CRA to CRA! the least these companys can do is get it right. It seems they dont care or its not important to process the data till things go wrong(for whatever reason), then BAM dirty default! 6 year grudge! IMO in most cases, if its not coverd by the CCA then question there right to process after the contract has ended and dont give in!

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Thanks shane Yes they are trying to pass of thisapplication form as a credit agreement, when i recived it, it was a POOR photocopy of the top half only(missing the D/D part). If i was to upload it it would be unreadable. its the same as the blank one above. It was filled in by me and sighned by me but there signiture box is empy, there is a rubber stamp that says "aproved" tho. Also I have been charged £10 a month sincew the D/D was canceled but there is no mention of any charges in the application form. Thankyou

I had a charge card from work, It was a VISA, Any spending on the card would come out of my wages 2 months later. I signed the application form at work and the card was on my doorstep 1 week later. There is an outstanding amount. now with Arvato Finance services I have CCA'd them and recived my filled in application form back. No problem. This is the Apllication form/credit agreement http://i225.photobucket.com/albums/dd185/544687/DSC00162.jpg http://i225.photobucket.com/albums/dd185/544687/DSC00163.jpg IMO this is not a credit agreement, Is it? I have S.A.R'd them? should they have my statements? is the S.A.R to the DCA pointless? In the S.A.R i requested my statements and a blank application form, They sent me the blank application form(Identical to the alleged Credit agreement, blank) but no aknologment of my S.A.R nor any statements. And they keept the tenner! Any advice please? Thanks

The default is inacurate and fails to show the companys mistakes in our dealings that helped the contract default=substantial damage and distress? So the conditional motice would be that i pay up and they remove. It seems to me that the money is not the issue with most phone providers as there has been little or no effort to collect the debt. Its revenge they want!

Hi I have a situation with orange. On my credit file is the following:http://i225.photobucket.com/albums/dd185/544687/DSC00169.jpg The problem is I have not used the service since 2003 but my file shows that i have made payments for the last 3 years, but no payment has been made? It hasnt defaulted yet, how do i go about aproching orange? I had an similar account with T-mob, but it had defaulted, I heard nothing for years and as soon as i made contact to pay they passed it on to there DCA? At the moment it may be better to leave it and say nothing as there is no default? Any ideas? Thank you.

Hello Is it possible to send a conditional Statutory Notice Sections 10 and 12 of the DPA? I mean can i write somthing along the lines of, when if I pay the disputed amount in full please take note of my Statutory notice? maby in a cover letter? Thanks

Mate I'me with you on this, What are the implications if it go's to court and you loose? any one no? GOOD LUCK!

I am having the same argument with Vodafone, got the same response too, as I see it is in the terms and conditions you refer to above it states "This right to change your mind about your Service Agreement does not applyif you are an existing customer. And If you cancel this Service Agreement under paragraph 11.3, The document they sent you clearly refers to Credit agreements. you would think if it applied to any think els it would say? no? ICO after all. Thats how I see it. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

I Subject access Requested them, they didnt charge me strangly? and plan to make a formal complaint once i have all the info, dose the compliant have to be in any sort of format? is there any thing thats GOT to be in there? Not that i think it will be taken seriously! Thanks

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Soooooo frustrating! I do understand the diffence between Credit agreements and service providers. but when I challanged Vodafone on there right to process my info after my contract has ended they spout the old Information Commissioners Office's guidence on credit agreements! I quote: Consent is not the only basis on which companies (data controllers) may legitimately process personal data - see Schedule 2 of the Data Protection Act 1998. Processing personal data for the purposes of maintaining a credit reference record is covered by paragraph 6 of Schedule 2, which seeks to balance the data protection rights of individuals against the rights of companies to process personal data for their legitimate business purposes (I am paraphrasing here). The Information Commissioner has issued guidance on this aspect of processing and their guidance can be found here: http://www.ico.gov.uk/tools_and_resources/document_library/data_protection.aspx See the link entitled: "Credit Agreements - Data Sharing". Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr! Thaey want it both ways!

Thanks buzby. I have a default from Vodafone, long story short, they had no record of me for the first two weeks of my contract not allowing me to change my D/D date to match the date of my wages going in to my bank. When i finally changed the D/D date to my chosen date it ment that my first bill would not be generated for a further month(the implications of changing the D/D date was not exsplained to me at the time) I voiced my concerns over an large bill, I was told that a payment plan would be setup. it then took a further month to send me my first bill, my first bill was for 3 months, I could not pay in full. I was then Told that a payment plan would not be possible! great! the account defaulted. I told Vodafone that I could not pay in full and on many occassions, I offerd the money over 3 payments. but no was the answer. Despite telling them that i could not settle my bill in one they continued to send final demands for the ammount. The recorded default is incorrect too. In the payment history it says that i payed my bill in SEP OCT NOV and DEC, but no payment was ever made! then 1 2 3 late payments then "D". It just seems that the default was issued very quickly, in past exsperiences default has not been issued till the 6th late payment. Vodafone also argue that as no payment was ever made, they would want the first bill in full,(this was also not mentioned till after the default was issued) this is not what my credit file says. N-E-way There is a small part in the linked document about issueing defaults. E.G- The crucial point is that lenders offering the same product type should operate to the same standards in filing defaults. thats why i asked. http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

Hello I was wondering, with mobile phone providers(Voda, T-mob ect). I would like to know how many late payments have been recorded on your credit files before the default was issued. any ones exspreiences would help. Thank you.

In my situation there was no credit agreement, it was a phone contract. would i be right in saying a default notice dose not have to be served in this situation?

Thank you

This obviosly when debt has been settled before court hearing, or set aside. Removal of CCJ's - Sample letter to Credit Reference Agency

I have amended my last question

Just got to thinking! They issue the default, it gets or I get it to CCj, then pay before the court hearing? Not that simple huh? Just a thought. not necessarly in the situation in my other thread but just in genral. please go on, Is thhis not a good idea? I am a compleat novice at all this!!! Thanks

Hello people. Dose any one no if there is ANY way to push for a company thats issued a default notice to follow through with a CCJ. Can I request it from the company or court? Thanks

If default is issued by the OC, then CCj is issued by the court but is paid befor court hearing will the default remain on a credit file? thanks again.