Next - CCA issues and default removal

[b8byd]

After various problems with this company I decided to send a CCA request back in July last year.

 

I received a standard response confirming that they do not hold a credit agreement in relation to my account but that they will nevertheless seek payment of the balance of my account.

 

In light of this I sent them a s.10 DPA Notice on 31 July 2007 and stopped making payments to the account.

 

Since then I have received some correspondence from them and from a debt collection agency (Lewis Debt Recovery) but nothing too heavy - I guess they figure it's worth a try.

 

However the thing that concerns me is that they are still processing my data. They applied a (1) to my credit files in October and a (2) in November. So far they haven't put anything for December or January but i'm concerned that they will eventually apply a default. Does anyone have any suggestions of how I can prevent them from doing this, seeing as the s.10 Notice doesn't seem to have worked.

 

Thanks in advance for any suggestions.

[The GodMother]

they have 14 days to tell you why they are not going to comply to the section 10 request. I am assuming they either ignored your request or they did get back to you and you never got the mail.

 

I say you should resend the request and make sure it goes buy special/ recorded delivery.

 

Chrissi

[pt2537]

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject

notice") give the individual who gave it a written notice--

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to

which he has complied or intends to comply with it

 

 

Hi Chrissi,

 

sorry to correct you but the data controller has 21 days to respond to a section 10 / 12 notice not 14, see the above taken from the data protection act 1998, s10

[pt2537]

After various problems with this company I decided to send a CCA request back in July last year.

 

I received a standard response confirming that they do not hold a credit agreement in relation to my account but that they will nevertheless seek payment of the balance of my account.

 

In light of this I sent them a s.10 Data Protection Act Notice on 31 July 2007 and stopped making payments to the account.

 

Since then I have received some correspondence from them and from a debt collection agency (Lewis Debt Recovery) but nothing too heavy - I guess they figure it's worth a try.

 

However the thing that concerns me is that they are still processing my data. They applied a (1) to my credit files in October and a (2) in November. So far they haven't put anything for December or January but i'm concerned that they will eventually apply a default. Does anyone have any suggestions of how I can prevent them from doing this, seeing as the s.10 Notice doesn't seem to have worked.

 

Thanks in advance for any suggestions.

 

Hi, i would suggest a complaint to the ICO personally setting out they do not hold a credit agreement ,they have ignored a section 10 notice and take it from there

 

regards

paul

[The GodMother]

OK well l got that from a letter that CB posted on one of my threads.

 

'Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data'

 

This is part of the letter.

 

Anyway l will change it.

 

Chrissi

[b8byd]

Thanks for your help guys. I did send the s.10 Notice by recorded delivery so I think I will now make a complaint to the Information Commissioner's office.

[b8byd]

Oh my goodness, I am FURIOUS! I've checked my credit files today and they have applied a (3) for December and a DEFAULT for January. How dare they! Never mind the fact that they didn't even tell me they were going to do this, I had sent them a s.10 Notice to stop processing my data which they have ignored!

 

I am still reeling so I need to calm down and decide the best thing to do. I am extremely concerned now because I already have some defaults (from HFC) which I have been trying for ages to get removed because they were also applied incorrectly.

 

Aren't they slippery little wotsits for doing that!

[vinegarvera]

Next are causing me great stress at the moment as they continue to process incorrect data on me and I have not even had the goods! they have now passed the account to moorcroft who are going to take me to court!

I know exactly how you feel, If this is how NEXT treat their good customers (and I was an EXTREMELY good customer!!) then they need to be taken out of buisness!!

[honey5]

ive had an account with next for about 14yr and to this day they still call me Mrs Hokin??????? who on earth is Mrs Hokin?? its on all of the statements and ive told them a million times this no where near resembles my name

wish you luck with them they seem deaf aswell as daft to me

honey x

[vinegarvera]

Hmm, have you thought of CCA'ing them?

[b8byd]

Update: I just called the Information Commissioner's office for some advice. The chap said that I have got grounds for complaint. He suggested writing to them first (again) setting out their failures under the principles of the Data Protection Act and awaiting their response. Then if they still don't comply, fill in the complaint form on their website.

 

I'm sending said letter today so i'll let you know what happens.

[b8byd]

Could a mod kindly change my thread title to "Next - CCA issues and default removal". Thank you

[freddyj]

hi,

 

i am having the same problem - any update? did you eventually get it removed?

 

freddie