Do I have a chance of getting it removed?

[un1boy]

Sorry, I meant if they settle out of court!

[TheDean]

This isn't looking good at all. I really wanted to avoid court - But I may have to do it if Telewest follow the same procedures as that have with yourself. My default was however put on only after 2 months (I actually dispute this and I think they only gave me 30 days) - So surely I could argue that it should be removed as the ICO's office say 3-6 months is default time does it not?

 

Would that have to remove it becsue of this?

[Guest willowb]

I'd say that you'd be beating your head against a brick wall for a very long time....but that's just my opinion.

 

Wxx

[un1boy]

I'd say that you'd be beating your head against a brick wall for a very long time....but that's just my opinion.

 

Wxx

 

I agree - afterall, the Information Commissioners Office which is meant to be there to make sure companies comply with the Data Protection Act and, essentilly protcet us, the consumer, has told the CRAs that they are able to store Deautld accounts for up to 6 years and do not need consent - even though the Data Protection Act states te EXACT opposite!!

 

Hmmm..the Information Commissioners Office is meant to be an expert on the DPA and uphold its requirements...ah well, ho hum!

[TheDean]

Righty-ho!

 

We'll see what I get back from Telewest and take it from there - Din't really fancy courts, but I can't have a default on my record for 6 years - Its just ridiculous!

[Guest willowb]

Chances are it won't go to Court;) but do what you feel comfortable with. I guess you'll see by a few threads going on at the moment (in.mine) what to expect.

 

Wxx

[Donel261]

Random letter from the information commissioner today:

 

Dear Donel261,

 

From the information that you provide it appears that Telwest havent refused your request under S.10 as such, but they have ignored them, which in practice amount the the same thing.

 

It might be careful for me to clarify a number of points regarding the provisions of the DPA.

 

Section 10

As you are aware his section gives individuals the right to request the prevention of the processing of personal data which is likely to cause them substantial damage or substantial distress. On receipt of such a request he company has a period of up to 21 days to respond. They should advise you in writing either that they have cmplied with your request or their reasons for consiering your request to be unjustified.

 

You should note that whilst the information commissioner is able to look at a failure by an organisation to properly respond to an individuals request under S.10, we are not able to determine what constitutes substantial damage or distress, or to order that a data controller cease processing, only a court has the authority to decide this.

 

S.10 is not an absolute right to stop processing, a data controller does not have to comply with a S.10 request only to respond to it. The DPA does not give individuals the right to have their personal details deleted on demand. Whilst an individual can withdraw their consent to the processing, this does not automatically mean that the processing must cease. Consent is only one of the six conditions specified under schedule 2 of the DPA. Where another condition can satisfies consent is not required.

 

In any event should you wish to pursue a S.10 notice you should be prepared to take the matter to court, although I would strongly recomend you seek legal advice before doing so.

 

Section 12

 

A notice under S.13 requires that a data controller does not make solely automated decision to evaluate a data subject. This section also states that where such a decision has already been made, the data subject can within 21 days request that the decision be reviewed by non-automated means. Again this is not a right to cease processing but to have an automated decision reviewed or not made in the first place.

 

Section 35

 

S.35 of the act contains 2 sections. The first refers to data disclosed under legal obligation, and the second to data disclosed for legal proceedings or prospective legal proceedings. However, this section is not one of the criminal offences under the DPA. It is one of the excemptions from the general requirement not to disclose personal data. So where disclosure is necessary for legal proceedings or because of a legal obligation, such as a court order. a data controller can disclose it. It is important to note that S.35 (2) allows a data controller to disclose data it does not compel them to.

 

In this instance I understand that you intend to initiate legal proceedings against Telewest in order to resolve all of the issues and most importantly so that the courts can determine whether or not the default should remain on your credit reference file. As such there seems little practical point to us pursuing Telewest for a failure to propertly respond to you S.10 notice, as this could only ever be determined in the courts.

 

Yours.... Casework Manager

[un1boy]

Random letter from the information commissioner today:

 

Dear Donel261,

 

From the information that you provide it appears that Telwest havent refused your request under S.10 as such, but they have ignored them, which in practice amount the the same thing.

 

It might be careful for me to clarify a number of points regarding the provisions of the Data Protection Act.

 

Section 10

 

As you are aware his section gives individuals the right to request the prevention of the processing of personal data which is likely to cause them substantial damage or substantial distress. On receipt of such a request he company has a period of up to 21 days to respond. They should advise you in writing either that they have cmplied with your request or their reasons for consiering your request to be unjustified.

 

You should note that whilst the information commissioner is able to look at a failure by an organisation to properly respond to an individuals request under S.10, we are not able to determine what constitutes substantial damage or distress, or to order that a data controller cease processing, only a court has the authority to decide this.

 

S.10 is not an absolute right to stop processing, a data controller does not have to comply with a S.10 request only to respond to it. The DPA does not give individuals the right to have their personal details deleted on demand. Whilst an individual can withdraw their consent to the processing, this does not automatically mean that the processing must cease. Consent is only one of the six conditions specified under schedule 2 of the DPA. Where another condition can satisfies consent is not required.

 

In any event should you wish to pursue a S.10 notice you should be prepared to take the matter to court, although I would strongly recomend you seek legal advice before doing so.

 

Section 12

 

A notice under S.13 requires that a data controller does not make solely automated decision to evaluate a data subject. This section also states that where such a decision has already been made, the data subject can within 21 days request that the decision be reviewed by non-automated means. Again this is not a right to cease processing but to have an automated decision reviewed or not made in the first place.

 

Section 35

 

S.35 of the act contains 2 sections. The first refers to data disclosed under legal obligation, and the second to data disclosed for legal proceedings or prospective legal proceedings. However, this section is not one of the criminal offences under the DPA. It is one of the excemptions from the general requirement not to disclose personal data. So where disclosure is necessary for legal proceedings or because of a legal obligation, such as a court order. a data controller can disclose it. It is important to note that S.35 (2) allows a data controller to disclose data it does not compel them to.

 

In this instance I understand that you intend to initiate legal proceedings against Telewest in order to resolve all of the issues and most importantly so that the courts can determine whether or not the default should remain on your credit reference file. As such there seems little practical point to us pursuing Telewest for a failure to propertly respond to you S.10 notice, as this could only ever be determined in the courts.

 

Yours.... Casework Manager

 

 

what is the effing point of organisations like the ICO!?

[aardvark the lecturer]

If you listen really carefully...........you can just hear the sound of the tap running in the background as you read their response.

 

That's the sound of them washing their hands of the whole debate as they have realised they have been overstepping their authority in their cosy relationship with the CRA's for so long.

 

So, what do we do now boys?

 

I know, as little as possible and hide behind the defense of not wanting to overstep our authority!

 

Hang on, isn't that what we've been doing for the last 10 years?

 

Not if we don't admit it.

 

Brilliant, give that man a pay rise!

 

Of course, that's just my opinion.....

[un1boy]

Aardvark - I agree....

[aardvark the lecturer]

Creak of chair, as Aardvark sits back, polishes his sarcasm trophy and looks smug.

 

Bwah ha ha, for there is no more sophisticated humour than sarcasm.......

[Guest willowb]

If you listen really carefully...........you can just hear the sound of the tap running in the background as you read their response.

 

That's the sound of them washing their hands of the whole debate as they have realised they have been overstepping their authority in their cosy relationship with the CRA's for so long.

 

 

 

Of course, that's just my opinion.....

 

LMAO!!!!

 

I think that we can safely say that the ICO don't give a hoot, but we shouldn't stop bombarding them with stuff.....give them a bit of work to do or not do as the case may be:p

 

Wxx

[Donel261]

Since my last update on this I sent off copies of all my correspondence to the legal services department of Telwest, just said along the lines of "I have been to the court to submit my claim against you and the clerk advised me to give you one last warning that court action was being commenced, you therefore have 7 days notice that unless you remove the disputed default court action will be initiated" Anyway, to cut a long story short they have never awknowledged that letter or written to me, but hey presto..... I have obtained my credit report and its bloody gone!

 

Would telewest remove the default and simply not tell me because they haven't got the backbone to awknowledge they are wrong?

[Guest willowb]

Oh well done! great news:D

 

I wish they were all as lacking in the back bone department as Telewest seems to be:rolleyes: lol

 

Wxxx

[un1boy]

Well done mate!

[un1boy]

Since my last update on this I sent off copies of all my correspondence to the legal services department of Telwest, just said along the lines of "I have been to the court to submit my claim against you and the clerk advised me to give you one last warning that court action was being commenced, you therefore have 7 days notice that unless you remove the disputed default court action will be initiated" Anyway, to cut a long story short they have never awknowledged that letter or written to me, but hey presto..... I have obtained my credit report and its bloody gone!

 

Would telewest remove the default and simply not tell me because they haven't got the backbone to awknowledge they are wrong?

 

PS have you got any details for the telewest legal dept?

 

They are now the same as NTL aren't they?

[cresswell80]

hey, slightly resurrecting an old topic here but has this default remained absent from your credit report?

[fergal71]

hi guys I was in similar position with a large media company.... (not had sex ever) they put default on my account spoke to ceo office over a long time kept requesting cca , got a call this week saying we havent got a leg to stand on and the default will be removed not saying too much...until it is done.... but chase the cca route as they believe defaults cant/shoudnt be recorded if the debt cant be.....

[Guest peed orf]

Hi Don you could ask them for proof of the letter they sent the registry trust.

The registry trust are the governing body who over see what the CRA's do, if you have a duplicate etc, this is who the CRA's write too, to get the item removed.