That is completely different from the letter I got. For what it's worth the ICO replied to me today about the unlawful CRA entry Wescot added, they wanted evidence of the entry - hopefully this means a swift kicking is due to them.

Thanks for your input. For starters, my "stupid" offer was 39.4% of the outstanding balance, and they say the "minimum they can accept" is 70% in the nose - that seems a little too precise to be anything other than an in house figure rather than a true reflection of what they can accept. I might counter then with an offer of a split the difference 54.7% and see what they say..... however they have said they are happy to continue accepting the £100 a month I have been paying (interest free btw), so I'm not sure if they'll back down.....I can but try. I'm not 100% sure what you mean by the 6 year rule having no legal standing? The only 6 year rule I'm aware of its to do with the Limitation Act. Are you saying that some creditors claim the right to continue process your data after the cesstion of a contract?? I might try in the first instance to push for a lower settlement with the removal of the CRA entry as part of it. I'll let you know how it goes. Pete

Hi, I had a car on finance back in 2003 and sadly financial pressures meant I had to hand it back in 2004. The original creditor obviously showed the account defaulted on my credit file and sold the debt to Marlin Financial Services. At that point they showed it still defaulted, but "settled" with a delinquent balance. I've been happily paying Marlin until this month I made a stupid offer to settle ex gratia. They rejected it but said they would settle for approx 65% of the outstanding balance. I can just about pull this together so I'm keen to get shot of the debt. My question is this. Can I factor in a condition that the entry from the original creditor is removed from my credit file? Other DCA's normally (in my experience) have the original removed and add their own so it's easier to negotiate for the removal when the time comes. How likely am I to be able to get the entry completely removed? If not, what's the best I should push for?? FYI I believe the debt was sold to Marlin, rather than them acting as agents. What have peoples experiences of this been? Thanks Pete

ICO complaint filed with regards to a breach of the DPA by processing data without my consent and not removing inaccurate date. Hopefully it's pretty clear cut, 6 months on and I've had NOTHING back from the CCA - no agreement, no default letter, no deed of assignment - but they keep insisting they can do what they want. We'll soon see.

DMD, I'm currently battling with Wescot over an MBNA debt - the stubborn ####### are not backing down but the letters from them are getting funnier - they contradict themselves, are full of mistakes and blatently lie. I'll be sending this one to the ICO I think. Pete

Yes. You may get letters from either/or/both.

Their left and right hands dont know what each other are doing. Once the CCA filters through it'll all stop. (Just try not choking on the dust cloud DLC make as they leg it to the hills)

Abbey assigned their credit card business to MBNA some years ago. Other people on here have said DCA's are having problems finding argreements as Abbey destroyed some of them instead of transferring them accross. I CCA'd Wescot and in February. Niether has produced anything signed.

DLC are a joke. I cca'd them and they ran for the hills, taking their threats and defaults on my credit file with them

I agree - C C A, all the way, C C A, all the way. (maybe I should take off this cheerleaders outfit)

Is the assignment from DLC -> Ruthbridge a recent thing?? DLC defaulted on my CCA request 4 months or so ago and rapidly removed all info from my credit file. I'm just waiting to see if they try passing my account on to Ruthbridge (which I understand they can't do whilst the account is in default)

Result!! "Dear Mr PeteT Thank you for your recent correspondence. We have not received a response from the Client in relation to the information being disputed on your credit file. We have therefore removed this information from your credit file. You will be notified if we receive an update from the client. Please note that the Notice of Dispute previously loaded to your credit file has also been removed. I hope the above details are of assistance to you. Equifax Customer Care Team" Wescot know they can't prove the agreement exists, so can't prove they have the right to process my data.

I'm was in a lucky position. Citifinancial removed the default when DLC placed theirs as you can not have 2 defaults for the same account. When DLC was pushed via a CCA, they removed their default too. If Egg registered the default, they are the only ones that can removed it. If DLC have failed to comply with teh CCA, I'd be tempted now to write to Egg and ask them to remove the default as no cca = no proven debt etc etc. If they refuse, I'd CCA them directly. When they fail to comply it puts you in a better position. You can then ask again for the default to be removed, or you could contact the CRA and advise them that under the Data Protection Act that the information that they hold has to be correct and that as neither DLC nor Egg has proven the debt exists they will need to removed the entry. I'm currently at this stage with Wescot and I contacted the CRA's on the 10th May and advised them that unless Wescot can prove to them that this is correct that they have to remove the entry under the Data Protection Act. Incidently I've heard indirectly that my agreement in this case was destroyed along with tens of thousands of others.... like to see them enforce this one! I'll update you with how it goes with the CRA and the default removal

I had to SAR "Three" as it's not with a DCA, but appearing on my credit file.

I've only found out that they are not covered through other postings on here. I would guess that the onus IS on them to prove it.

Not relating to Wescot, but I found 2 accounts on my credit files for "Three". I asked the CRA to investigate and they replied after a few weeks saying this is correct. I too have always been an Orange customer (and O2 for short period) and never with "Three" let alone twice. As I understand phone contracts are not covered by the consumer credit act and therefore you can not CCA them, so I SAR'd "Three" instead. That was on the 11th I'll report back what happens.

BULL**** for 2 reasons 1) and 2) ". In view of our inability to supply a copy document at this time we will remove our entries recording with all Credit Reference Agencies until such time that a copy agreement is supplied." This could be true. I had a default for the original creditor and this was removed and DLC (well Hillsden) replaced it with theirs as above. This is what was removed from my credit file. Forgot to mention - rapidly approaching 4 months and no CCA.

They removed my default and the account from my credit file as soon as I CCA'd them

Maybelline, how did you go about this?? Did you ask them to? I tried this and they ignored me so I'm hitting it from the other side. The CRA's can not hold the information on your record if it can not be proven to them the information is accurate.

I got an acknowledgement letter on the 19th (11 days in) says they will get it from the client..... nothing since. I did remind them of their obligations, and no reply. Approached Experian and Equixfax to get the new default they added removed under the DPA

Get in line!!! Wescot got mine in the 8th Feb Mine first

I forgot to update this thread.... Got a response to my cheeky letter about a weeks or so latter. They replied and said that they could reverse the breach by supplying the requested info at any time, at that it's still their intention to do so and that they'd prompt the client again. Ha!!! You think you can "reverse" a parking ticket for non payment by then walking up to a machine and buying a ticket for the day?? I dont think so. You are in breach and you have committed an offense - period. A couple of weeks ago I received a single piece of paper, no compliments slip or covering letter, with a printout of the running account balance. Over 3months gone by and no CCA. I'd love them to find the CCA and I'll force them to take it to court and let them explain why it's so late. I've been meaning to contact Northans TS, but I've been really busy. If you've CCA'd them, then give them the 12 working days, then the 1 calender month and then contact TS straight away.

I offered DLC 80% as F&F before I found this site and they refused

Had a reply today... Usual blah blah introduction. "I can confirm and advise the following: 1. The offense of not supplying the information requested in a time period stated in the legistlation can be remidied by producing the documents. {Erm, unless you intend on travelling back in time once you have the documents then the offense has already been commited and can't remedy that!} This we intend to do and have followed up your request to the original lender of a copy of your original agreement. {Well that should appear in the SAR I'm about to send to both the Original Creditor and DLC} 2. Account on hold...... yada yada 3. In view of our inability to supply a copy document at this time {or any time} we will remove our entries recording with all Credit Reference Agencies until such time that a copy agreement is supplied. {You already did this as soon as I CCA'd you and you realised you were screwed} Should you require anything further at this time, please do not hesitate to contact me.

The general idea is that if there is no CCA, there is no enforceable debt. Also, if there is no CCA there they can no prove they had your authority to pass your information to the CRA. If you have already CCA'd the company and they have defaulted, then I'd write to them again and tell them they have no authority to have updated your credit file and to remove the data. You may want to consider a s.10 Data Subject Notice to them too. If this fails, contact the CRA and send them copies of the letters to the company and advise them that they are in breach of the DPA as the information is not lawful.