Thanks sea-sidelady - I'll get on to it now. It's really frustrating that they've just completely ignored the fact we mentioned the hardship waiver!! Grrrrr!! I hate banks!

Hi I'm resurecting this thread in the hope that someone will be able to help us. As mentioned many moons ago my auntie & uncle were charged a huge sum over 6 years by the TSB. They were fobbed off & then the freeze was put on reclaiming, so we were just waiting to see what happened. However, my uncle who was only 55 suddenly passed away in May. Which has basically left my auntie in a dire financial position. She only works part time as a carer and still has my 2 cousins living at home with her - the 18 year old is at college & working part time & the 20 year old has learning difficulties and is at college. The outgoings are currently around £400 a month more than they have coming in! We wrote to Lloyds TSB on 14th August 2008 as I thought she had a good case to claim the charges under the hardship waiver. Lloyds wrote to her on 16th September 2008 sending their condolances but have gone on to igore the financial hardship claim and just reiterated where the test case is up to and told her to basically get lost. Should I refer this to the Ombudsman now or should I try another letter to Lloyds pointing out to them that the have missed the point completely & forwarding an income and expenditure? If I need to do the latter do I include income from my cousins to - I'm guessing they get EMA's? I really would apreciate any help with this, I really want to help my auntie, she deserves a break, she's had such a sh!tty time of it.

Sorry about that - I wasn't sure of the right place to post my query. I haven't submitted an official complaint, nor have I contacted the ICO - I'm guessing this should be my first actions?

I'm just after a little advice if possible? After getting into a few financial problems a few years ago, I finally decided to get rid of the problem (the ex). I bought him out of the house & borrowed enought to pay of the debts. However, as I didn't have enough to pay them off completely I agreed a % with them - around 70%ish for each one. In Cahoots case this has left a £55 debit balance on a current account that almost 3 years later, despite telling me 3 times they've corrected it with the CCA's, is still showing on my credit reports. They have notified CCA's of changes to my loan and credit card account & these are showing as settled & closed. I have been writting to them on and off for almost 3 years about this now. The last 'lot' of letters started in April & I've rec'd the odd reply but only to tell me to forward a copy of my credit report as they can't find any record of it!? I've read I can get a court order to make them move this incorrect information - does anyone know how I do it & what wording I need to use? I've also contacted the CCA's which are no help whatsoever! Any help would be really appreciated. Cheers Ellielou

Not a dicky bird from anyone regarding my last letter However, I note that Cahoot have not corrected an item on my credit report & it's been that way since June 2005, despite them sending me a letter confriming the correction!!!! I've had a letter from them asking me to forward a copy of my credit report, which I did (over a month ago) with a letter giving them 14 days to correct the info, I also had another go in the same letter to get rid of the default (it was worth a go). Now they haven't replied or removed the items - so I guess my question is where do I go from here? Do I file a complaint to the Information Commisioners Office or do I get a court order (or are they the same thing???). As you can see I'm a bit clueless as to where to go next with this one so any help would be appreciated x

None, they all refused to move the defaults. I've tried another tack now (see letter below) but had no reply to any of these yet - looks like I'll just have to live with them Thank you for your letter dated 22nd June 2007. My credit report shows the default was registered on 06/08/2003. The credit report also goes on to explain that status code 8 means; ‘The account is in default. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.’ I was having difficulties with payments due to my ex partner being made redundant and Next requested that I made an arrangement to pay for the goods I obtained . You will note from your records that in early March 2003 I wrote to Next explaining the difficulties and reasons for these. I also informed you that I had developed a payment plan with the Consumer Credit Counselling Service and offered Next a monthly payment of £5.00. These payments were accepted monthly by Next until a partial settlement amount was offered in April 2005. The fact that Next accepted these payments monthly until the account was partially settled indicates this was satisfactory. Therefore the default on my credit report is incorrect. A default should not be used as I had responded satisfactorily to requests to bring payments up to date. My finances are now in order and this entry on my credit file, as I am sure you will be aware, is having a significant detrimental effect on my credit worthiness. I have confirmed the above facts with The Information Commissioners Office and should the this entry not be corrected within the next 14 days I will seek a court order to force you to correct the entry. I look forward to your response within 14 days.

No news at all - to be honest I haven't really followed any of these up, mainly because I was stuck on where to go next.

Good news if anyone interested Letter from Vodafone stating that they will remove the default and all late payment indicators from my records & a check on my credit report shows they have done just that!!!

crh you are a star :) Thanks for chasing this up for me - I'm dead busy at the minute so these may have to take the back seat for a little while. Although might see if I can find anythink on net about Limitations act - I'll post here if I find anything. Once again many thanks xx

Hi crh I sent letters of & have now rec'd replies - I've stared a new thread so I don't end up hijacking yours Consumer Action Group > The Bank Action Group - against unlawful bank charges > Legalities > Data Protection and Default Issues Attempt at getting defaults removed Sorry I don't know how to put the link in! Would you have any advice as to where I go from here? Many thanks Ellielou x

I sent 5 letter soff a few weeks ago along with the S10 Notice - I've had 3 refusals - any advice would be much appreciated........... M&S The Limitations Act 1980. Allow you the comsumer to bring any action against us for up to 6 years after the contract has ended. As a result we are permitted to hold and process your data for up to 6 years after the contract has ended so that we can contest any action brought against us in court. Next Have included ICO Data Sharing info - I think this is the one http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf First Direct quote - Financial Services Act 1986 Money Laundering Regulations Tax Management Act 1970 & thier T&C's - to prevent crime, to verify your identity and to recover debt, we may exchange information with other members of HSBC, and, where appropiate, with fraud prevention and debt recovery agencies and other organisations including lenders. FD retian data until we are confident that it can be deleted from our records. FD would only delete data if it was confident that it was no longer required or if directed to remove by the Dta Protection Commissioner. Sorry to be so long winded - but has anyone else had anything similar & where should I go from here. Ellieloux

Suzanne I just wanted to let you know I think you're doing really well, it can be really daunting taking on the banks.I've successfully managed to get all my charges back from various bank accounts & credit cards. Now I'm helping my auntie get her charges back from Lloyds & her claim will be around the £9k mark, so I'll be watching your thread with interest.;-)

Great news Cheryl - it's a great feeling isn't it? I'm just reading up on Llyds claims - going to help my auntie get her charges back over £7k and £1,500 in stat int

Thanks for the advice crh. I've sent off 5 letters recorded delivery today. Fingers crossed I have as much success as you did

Thanks for this - I've opted to try this approach first - "Having been a customer of Vodafone since 3rd November 2000, originally via Singlepoint and then with Vodafone from 16th July 2003. I am extremely disappointed to find that after over 6 years of loyalty to your company I find my self with a default for £70.09. I moved mobile contract provider in December 2006 thinking that my Vodafone contract had ended and due to the fact I received a cashback deal from my new provider. You will note from your records that upon being made aware of an outstanding balance of £104.09. I made an immediate payment of £25 and set timescales for repayment of the debt. You responded on 22nd April 2007 that the account was in the hands of the collections team and I should contact them. However, in early May I was in a position to repay the remaining amount of £79.09. This was forwarded to yourselves via cheque, which was debited from my bank account on 10th May 2007. I note that the default was registered with the Credit Reference Agencies (CRAs) on 29th April 2007, one week before the debt was settled in full. I feel this to be an unnecessary entry on my credit file, as this will seriously damage my credit rating for the foreseeable future. I therefore write to request that this entry be removed due to the fact I was a loyal and valuable customer for over 6 years and that the small amount you have defaulted will have a massive detrimental impact on my future." I'll try this first & see what they say, then I'll try the other approach. I'll keep the thread up dated with progress

Well done for getting the defaults removed - it must be a real relief :D I have a small question though I have 5 defaults on my credit report all dated in 2003 & 2004, all relating to when I was with my ex (grrr;) ) These debts were being paid with a payment plan via the CCCS and were fully repaid when I remortgaged (to buy out my ex) in June 2005. My question therefore is - As the accounts were still open when the defaults were registered is this method still relevant to my requesting their removal? I ask because the accompaying letter says "In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the cancellation of the contract. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation." And my defaults were recorded whilst the contract was still in effect. Wasn't it? I don't know :-? :-? Sorry for hijacking your thread but any help really would be very very much appreciated. Thanks for reading xxx

Hi I'm probably being really dim (it has been known!) but I've been reading what feels like 100's of thread on this site relating to default removal. I have 5 on my credit report all dated 2003 & 2004. These accounts were finally settled, albeit partially, with agreement with the creditors in June 2005. These will therefore remain on my credit report till 2011, seriously affecting my credit rating. I've read threads that I can request that Banks etc stop processing my infomation by sending them this - "Whereas I have been a customer of *** since ***and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful." What does this actually mean? Does it mean the defaults will be removed? There's also this in the accompying letter - "In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the cancellation of the contract. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation." As the accounts were still open when the defaults were registered is this still relevant to my requesting their removal? Sorry if I'm being really stupid but after getting all my charges back & taking on Kensington Mortgages for my ERC, (unsuccessfully) I've decided this is my next little project & I need a little help to get started. Any help would be very much apreciated. Thanks ellielou xxx

Hi After a look over this part of the site I've managed to find this info. Would somebody mind PLEASE running their eyes over it quickly to see if it's the right letter. MANY MANY THANKS Warrington Cheshire 13th June 2007 Dear Sirs Re: Former Vodafone Telephone Number **** I understand that you have placed a default marker on my credit files in relation to the above closed account. I am contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: “3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the cancellation of the contract. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation. Principle 2 states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified...purposes " as in that specified within the contract, and no more. I also emphasise the term "shall not be further processed". The contract, that I signed, only gave you permission to process data during the term of that contract. It neither included any other permission, nor did it imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contract that stated that you had any arbitrary right to continuing processing data for up to six years after the ending of the contract. Also, I cannot recall any clear statement that gave my express permission for you to continue disclosing my subject data to third parties after the end of the contract. You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause, if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court. I do not believe that you have any such statutory obligation especially in such a case as this; alleged non-payment in a civil matter. However, if I am mistaken, and the contract did specify unlimited time extensions, then you must provide me with a copy of those terms indicating where I have signed an agreement to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against Vodafone. I trust that I have made my position clear, and that you will make a serious effort to understand your legal obligations and effect the changes requested. Should you be any doubt as to your obligations as a Data Controller, then I would advise that you seek legal advice. I look forward to receiving your confirmation that my date file has been altered to remove all reference to my former account with Vodafone, within the timescales indicated herein. Yours faithfully Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998. Data Subject Notice The Data Controller Vodafone The Courtyard 2-4 London Road Newbury Berkshire RG14 1JX Data Subject: Address: Whereas I have been a customer of Vodafone since 3rd November 2002 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. Signed Dated this 13th day of June in the year two thousand and seven.

I'm hoping someone can help me with this - I've tried to keep it short & sweet - many thanks I signed up for a Vodafone contract with Singlepoint in November 2000, in July 2003 my contract was moved to Vodafone. In December last year I took out a new phone with Orange and forgot to pay Vodafone for my last 2 months with them. I then rec'd a letter from them telling me they'd cancelled my contract (around Feb) and I owed them £00 or so. I wrote back with a payment of £30ish & a promise to pay them the rest over the next 2 months. Next thing I have a debt collection agency on the phone - I refused to speak to them as I had rec'd nothing from Vodafone to advise me these people were in fact working on behalf of Vodafone. I then just sent the rest of the balance owing to Vodafone. I now find I have a default registered on 29th April for £79!!! Any idea's if I can get this removed? I seem to remember reading somewhere that if they've cancelled my facility they also cancel the agreement that allows them to share my info with a CRA?

I've spoken to their review team & the review team manager all who unfortunately have no common sense

Hi I'm after any advice if possible. I've got a bad credit history from when I was with my ex. For 2 years everything has been clear & paid on time including my mortage, I've not even been over drawn (or have I?). I've got a Aqua Credit Card but wanted to see if I could get a 0% interest card - to save me some cash. I applied to MBNA, they called me & asked me to explain my credit history - they were happy with the explanation & asked me to forward bank statements. No problem - eveything is fine, no charges etc. However, I get paid on the 15th of the month & some DD's & SO's go out on the same day. Not a problem, you would think. However, the bank processes the debits before the credits which shows my balance as being overdrawn - when in fact it isn't - or it would be if they processed the credits before the debits. I've just been told by MBNA that this is the reason my application has been declined.............. argh. I know the solution would be to amend my payment dates to the 16th - which I will - but any idea's of how I can argue this successfully with MBNA now? I'm so annoyed that they are not using a common sense approach to this. I earn over £30k a year & am managing credit - which they agreed - it's just they say I'm operating the account outside the banks terms & conditions - but the bank doesn't think that! Many thanks

Hi We've now had the standard fob off letter from TSB basically saying they won't refund charges. I'm thinking of writing to them saying their decisionis unacceptable and we'll give them another 7 days to reconsider. If we get no positive reply by then we'll procede with legal action & here's a list of the interest as of todays date (this comes to almost £1,600 alone). I've claimed many charges back for myself but non of them were on this scale. That added to the fact this is for my auntie & it's TSB I want to make sure I get everything just right. What do people think? Many thanks Ellielou x

Hi COuld you tell me which address you sent the SAR off to. I'm chacing them for charges my ex may have paid. The docs he has are from 2003 so not sure if the address is still the same. Mnay thanks Ellielou x

We're only going back 6 years There are lots of O/D Int charges on the list but I can't be sure if they're authorised or unauthorised, so unsure if the int can be claimed back. I think they'd be fairly happy with just getting the £7.6k back.

HiI'm just preparing a prelim letter to llyds for my auntie & the total charges come to a staggering £7,677.50 - is there anything extra from the norm I need to include.I've done a few claims for myself but nothing of for this huge amount - I just want to make sure I get eveything right for her, as you can see there's a lot riding on it.Many thanks for any advice given.Ellielou x