Hello un1boy, I admire your fighting spirit. I noticed whilst reading this thread that you seemed to be contesting the legalities of the processing of the data as the companies involved did not obtain your consent. You are also contesting the ACCURACY of the data being held. Im not sure if your data that is being processed was not only obtained illegally but is also innacurate. Experian seems to dance the tune of "the data held is accurate" rather than concentrate on wether it is being processed legally or illegally. Yes, the companies may confirm that the data held is ACCURATE. i.e name and address are on point, financial history is spot on...e.t.c But this doesnt seem to address wether or not the data is being processed with your consent or within the law.

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Hello, fellow CAG members. I have received my barclaycard statement for the past 6 years and have calculated my bank charges to be about £300. However, I am currently in an arrangement with barclaycard to pay £20 a month towards my outstanding balance of £1200. After successfully claiming the charges, would i get the money in cash or would it be credited to my barclayard account to reduce the outstanding balance to about £900? Any insight would be greatly appreciated. Thank you

Well done and congratulations to you CRK81. A victory for one member of CAG is a victory for all members of CAG. However, I am uncertain as to T-mobile's legal right to make an entry onto files with credit reference agencies. Is there anyone who explicitly applied for credit from T-mobile by the mere fact that they signed a SERVICE agreement and NOT a CREDIT agreement? Is owing T-mobile money an automatic application for credit? Does owing or delaying payment to T-mobile for a service serve as an automatic entry to a credit agreement? Should I still be suprised that the T-mobile service agreement is not provided for under the CCA? Am i wrong in thinking T-mobile has been bullying people illegally?? All comments welcome! Tmobile privacy policy - Credit and fraud checks "If you apply for credit, we will register and check your details with credit reference agencies to help us make credit decisions about you. We may also check your details with a fraud protection agency. We and other organisations may use and search these records to: make decisions about credit, and credit-related services, for you and members of your household; make decisions on motor, household, credit, life and other insurance proposals and claims, for you and members of your household; trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies; check your identity to prevent money laundering, in the event that you do not provide other satisfactory identification. These agencies will also use the records for statistical analysis about credit, insurance and fraud"

T-mobile telephone service terms and conditions: 7. When the agreement ends (a) You can cancel this agreement by notifying customer services you want to terminate. If you are cancelling because we have increased a charge above RPI (retail price index-index used to evalaute the economy) or we have changed these conditions and the change is of material detriment to you (see 2©(iii)), your agreement will terminate immediately. We will refund credit on your prepaid account if before the increase occurs you have written to us requesting that we disconnect your SIM, and refund credit on your prepaid account atthe time of disconnection. Otherwise wether you are within the minimum agreement period or outside it, your agreement will terminate one calendar month from receipt of that notice. You will be responsible for all charges including the monthly charges up to and including the date of termination. You are freee to restore your agreement throughout the notice period. (b) We will not refund prepaid credit in any circumstances except as set out in 7(a) above. Hope you find this helpful.

Thanks rory32. I just read a part of the letter they sent to me that states: . The law (data protection act 1998 section 7) explains that I need only send proof of identification, a letter in writing and the fee to get copies of my personal data. All of which I have done. I wonder why they sent me the form in the first place It angers me

Thanks Rory32. I will do just that. Also, with reference to egg banking's claim, are they really under no legal obligation to supply me with a copy of the default notice? Thanks.

I sent the SAR recorded delivery on the 20th of November 2007

The three options offered to me was 1: A complete list of transactions 2:Copies of my original statements 3: A complete Data Subject Information Request (DSIR) Is the DSIR a synonym of SAR? What I want is a true and certified copy of the default notice if at all sent to me, if not for the default notice to be removed from my files as unsubstantiated. Does anyone make sense of my current situation? I am yet to receive a reply to the letter as shown in post 9

Egg's Reply to this particular letter is as follows:

My reply to egg's first letter: Thank you for your letter dated the 14th of November 2007 and accompanying documents sent to me in response to my letter dated the 9th of November 2007. 1. Could you please confirm to me if and when the original default notice was posted to me. Any default notice issued to me is considered personal data. Therefore, I would like to renew my request under section 7[1] of the Data Protection Act 1998, for a copy of the original default notice as kept on record in compliance to the money laundering regulation 2003 section 6 (2) (b). 2. I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. Yours sincerely

Please note that the computer screen print out is not intelligible, is full of abbreviations and can be compared to the shorthand entry of a call attendant only that it is less intelligible. Also, is it true that egg is under no obligation to provide a copy of the default notice?

First letter sent to egg and hillesden on the 13th November 2007 After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque Number 100030. 2. You must supply me with a signed true and certified copy of the original default notice I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. Yours faithfully

Thank you Shane5408 for your reply. I would draft a S.A.R to egg demanding this info. Thanks for your reply Andyorch. On the copy of my experian credit file, there is an entry by Egg banking plc that states that I defaulted WITH Egg banking PLC on 20th of April 2006. And another entry by Hillesden security for the same account as they claim to be acting on behalf of egg banking, stating a default dated the 1st of April 2006. The entries however, do not state how many missed payments I have had with them to result in being defaulted although I admit to inconsistently-timed payments. I sent the CCA request to both companies which included a request for a copy of the default notice, recorded delivery, on the 13th of November 2007. Both company's reply to me was dated the 14th of November 2007. I have no recollection of a notification of assignment to Hillesden. I do however remember feeling harrassed from the first few correspondences from Hillesden as I believe I had no formal or informal introduction to them by the company they were acting on behalf. (Egg banking PLC). I have received no information as to the date of transfer of assignment to Hillesden and my credit file from experian tells me that Hillesden entered a default on my account even before Egg banking did. Thanks in advance for each and all replies.

Hello everyone, As my first post here, id like to start off by saying thank you to every member of consumer action group. Your posts have encouraged me to where I am today. Now about my situation, I had a credit card debt with Egg banking of about £6500. The account was passed on to Hillesden securities acting on behalf of Egg banking plc. Both companies then issued defaults on my credit file for the same debt. Hillesden seemed to put a default entry as soon as the account was passed on to them by egg banking. I wrote to both companies requesting: 1. A true copy of the alleged credit agreement and 2. A copy of the default notice. Egg banking responded by sending me a page of the credit agreement that shows my signature and the date of the signature but said they are under no obligation to supply me a copy of the default notice. Instead they offered me a print out of a computer screen showing a call attendants entry onto their computer system which includes the statement "issued DN on acc to try and trigger call" as confirmation of the issue of the default notice. Hillesden securities responded by acknowledging receiving my £1 and to inform me that they are awaiting a copy of my original agreement with Egg banking plc. the made no reference whatsoever to the notice of default i requested in my original letter. I would like to wipe off the default entry on my credit file. and then go after egg banking for the multiple bank charges continously imposed on me during a very difficult time. I would appreciate as much help and insight as is out there. Thank you all...from my heart!