Do I have a chance of getting it removed?

[Donel261]

Had an awknowledgement from the information commissioners office, they are investigating and will get back to me.

[Donel261]

Now had a response from the information commissioner, hardly worth the wait:

 

Thank you for your complaint.........................

 

This is what we do........

 

You should be aware that a failure to comply with the data protection principles is not a criminal offence and the commissioner has no powers to punish a data controller for any contravention, nor can he award or aid on obtaining compensation for you. This you would need to persue through the courts.

 

In this case you have advised us that you received an internet service from telewest broadband but cancelled the contract when you moved house. A few months later you received debt collection letters at your new address on behalf of telewest broadband and therefore paid the outstanding debt. I understand that you have now become aware of a default on your credit reference file.

 

Firsly you have advised us that you did not receive a default notice, you should be aware that any requirement to send out default notices to account holders falls under the the CCA 1974, which is regulated by the OFT and is not enforced by us. There is no requirement under the DPA for lenders to send out default notices prior to recording an account in default providing that payments on the acount are between three and six months in arrears, the absence of a default notice is not a matter that we would address. You may want to contact the OFT.

 

You have advised that you dispute the defauly on the credit file as you cancelled your account and moved however telwest broadband have explained that the account was closed for non payment??????? what the ?????

 

If you have written evidence that you cancelled the account and can prove that telewest received it please provide it. You have also expressed concern regarding the "duplicate" entries on your credit file however it is not clear that they are duplicate as they refer to different accounts at different addresses. (why the hell would I have a phone service at two different addressess concurrently??) eejits!! If you have written evidence that these entries are inaccurate please provide it and we will consider the matter again.

 

Why does everyone take the word of the companies involved? should I complain to the OFT? any advice geatly received, this damn default for £28 is causing me huge problems.

[wicket]

Your case is similar to one of mine so I'm interested in your results.

 

Have you followed the process in SurlyBonds thread?: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

Did you do the S10/S12 notices? What was there reaction?

[Donel261]

No I haven't, thanks! I will get them off in the post on Monday. Have you sent the notices, had any joy?

[wicket]

I've sent the notices off but still early days - they got them this week. My fingers are crossed/ They have 21 days to action before asking for enforcement etc

[Donel261]

good luck, its worth a try... let you know how I get on.

[Guest willowb]

That's 3 of us then :>) sent mine off to Barclaycard and Abbey national....here we go! good luck to you both.

 

Wxx

[jimfishybob]

 

By law we do not have to keep paper records of your file and defaults you have made on this account. A court of law would not expect us to do this and the evidence we have previously provided you is valid. (basically the blank letter templates and screen print outs )

 

The default notice was served to you correctly. As you paid the default to the relevant department (a year later after receiving a random letter from a debt collector!) it would suggest that you did indeed receive the default. If you had not received the notice you would not have known about it and therefore not paid it. I am unable to provide you with another default notice as you do not owe us or are debt recovery agencies any further monies. We are legally obliged to notify credit reference agenices of your credit history all settled accounts are kept on your account for six years.

 

The screen prints are a true reflection of your account. I am sorry to read you do not accept these however a court of law will. Therefore, they are valid and do show a true reflection of your account history. I have been advised by our legal department if you wish to proceed with court action, then this is your perogotive however we are unsure why you are proceeding with this action as the details we have provided you are correct. If you are disputing the information on your credit file as innaccurate then it is your responsibillity to prove it is wrong and not us.

 

There isn't one sentence in the above paragraphs that isn't utter horses**t.

[Tinkerbelle]

There isn't one sentence in the above paragraphs that isn't utter horses**t.

 

LOL

[Lizzy]

I used that letter and defaults gone in 9 days.

Also check out this thread, default gone in 1 day

http://www.consumeractiongroup.co.uk/forum/legalities/29860-any-advice-gratefully-received.html post 26

 

Lizzy

[jimfishybob]

You should be aware that a failure to comply with the data protection principles is not a criminal offence and the commissioner has no powers to punish a data controller for any contravention, nor can he award or aid on obtaining compensation for you. This you would need to persue through the courts.

 

Dear Mr. Information Commissioners Office,

 

If all the above is true please justify the following:-

 

The Data Protection Act, (if it is not an offence to contravene it, let's just chuck it in the bin and not bother with, eh?)

 

The information Commissioners Office, (on the basis that you can't take any action against individuals or compainies who choose to breach the Data Protection Act, and especially if the Data Protection Act is as worthless as you imply, then would you mind if I didn't give you any more tax pennies as it seems a bit daft you being around to be honest.)

 

Ta

[Donel261]

Exactly, they are all singing from the same song sheet.

[SurlyBonds]

There isn't one sentence in the above paragraphs that isn't utter horses**t.

 

[Donel261]

Well Wicket & Willow, an update on mine

 

I sent Surelybonds letters to the data controller who defaulted me for just £25.00 and they still refuse to remove it. They are buggers!! Anyway, a customer care advisor has responded with:

 

Thank you for your further letter dated 26th July 2006, (don't know where they got that date from!) anyway, I was concerned to read you are unhappy followed by standard spiel.....

 

Having reinvestigated your account along with our credit services department, legal department and chief executives office I advise we will not delete the settled default on our credit file, This is a true reflection of your account history with us and will be maintained. Telewest has a legal right to update all credit reference agencies, we had a right to reflect this on our credit file. Once you settled the balance your credit file was updated to reflect this. It will remain on your file until July 2010.

 

Thanks for your patience and allowing me to confirm our position.

 

Yours..... "Customer Service Advisor"

 

8-)

 

I have responded enclosing the original correspondence again and state:

 

Thank you for your correspondence of 29th September 2006.

 

Before I can provide a substantive response to the issues raised, and also to assist me in preparing my case against your company I would like to know why a meagre “Customer Care Advisor” is responding and blatantly refusing a legitimate legal request under S.10 & S.12 of the Data Protection Act 1998.

You will note my request was specifically addressed to the “Data Controller” within your company, a person I would expect to be knowledgeable in relation to the complexities of the data protection act and the subject at hand. Your standard response is quite simply unsatisfactory and a clear dereliction of your duties.

I DO NOT wish to correspond any further with “Customer Service Advisors” or “Customer Care Advisors”; who simply do not understand the matter at hand. If as you claim you are in contact with your Chief Executive & Legal Services Department, why is a person of senior ranking or at least a legal executive not responding?

 

You state you have a “legal right to update credit reference agencies”, even though my contract with you has ended, and even though the data subject can withdraw permission at anytime using his rights under the Data Protection Act. Quite frankly, you are wrong! If you think you are not could you please provide me with the relevant sections of the act giving you the “legal right”, I think you will find you do not have one.

 

I also enclose a letter from Experian, in relation to another matter but all the same confirming that no such legal right exists!! It may well be standard industry practice but this does not correlate with a “legal right”. Please substantiate your assertion that you are above the law.

 

I also re-enclose my original request and ask that you actually get the “Data Controller” to read it this time and fulfil his duties under the act by either conforming to my request with 21 days of the original request or by writing to me providing his full lawful reason as to why my request should be exempted. Under what Statute, or Common Law case are you basing this decision on?

 

I am being reasonable in giving your company the opportunity to resolve this matter prior to commencing court action and you seem to be taking me for some kind of fool, you are being totally obstructive on this matter and my patience is wearing thin. If I do not have a substantial response from the “Data Controller” himself within the next 14 days please stand informed that legal action will be commenced without any further reference to you.

 

Have I missed anything?

 

Many thanks in advance!!

[MARTIN3030]

Again...there are aspects that show a little impersonal rants there !!

However I digress.......I dont remember Surley saying the letters would work for everyone and there are certainly different methods in addition to address this.

You have certainly ruffled their feathers......but not quite enough.

we will be watching for the next installment !;-)

[Tobes]

if they have not given you any reason why they should continue to process your data, having waited 21 days, issue them with an LBA for 7 days and then possibly consider issuing a claim...Of course, a few of us crazy people have already issued claims against companies and so you could of course hang about and first see how they turn out

[wicket]

It looks as if your only recourse now is via the courts. As you've stated in your intended reply that no action = court action within 14 days, then that's the next course of action.

 

I've still not had a reply to my request & notice yet. Time to get my finger out!

 

Good luck

[Donel261]

If I were to take the matter further would I have to go to the county court and fill out a form? my only experience of these things is using moneyclaim online, and as I am not claiming money I assume that would not be the correct way of doing things. Also, do I write the basis of my claim in plain english or does it have to be in technical terminology.... oh its all so confusing!!

 

A humble little me taking on all of these institutions....

[Donel261]

I will be watching to see how you guys get on. Good Luck!!

[wicket]

As I understand it MCOL is for money only so probably nopt appropriate for the type of action were taking. There are a few threads on here with some suitable words for the claim, I'll have a search and post them, unless you beat me to it. Check out Dayglo's thread: http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html

 

There are also some threads claiming compensation for distress etc, even basic costs in pursuing your cause (must all be reckonable) in which case fee may be lower - I think normally £120 but if money involved based on amount of claim instead (someone I'm sure will correct me)

 

I'm as inexperienced n this as you - just trying to find my way through the jungle!

[Donel261]

Thanks guys!

[Donel261]

Well definately going to have to be court, they are not budging on this one.

 

Dear Donel261,

 

I can confirm that we communicated details of the default on our account as you were advised by my colleague Ref xxxxxx. We reserve the right to update credit reference agencies with customer defaults. However, once an account has been settled, we advise the credit reference agency, who then make the default as satisfied. Following this, no further communication will be made in regard to the matter. This process is not a breach of the data protection act.

 

We cannot remove a default from your credit records, nor can we request this to be removed on your behalf. In light of this no further action will be taken relating to this matter.

 

Been keeping up with Dayglo's mission, however I am concerned about lodging court action as I dont want to be responsible for there court fees.

[Guest willowb]

If it stays on the 'small claims track' then you won't be liable for fees. I doubt that it would be put on any other track by a Judge, you are a layperson taking on a multi million pound company!

 

My advice about your N1 form, do it as a non-monetary claim the cost is £150 but there's no confusion as to the purpose of your claim;)

 

Wxxx

[un1boy]

My advice about your N1 form, do it as a non-monetary claim the cost is £150 but there's no confusion as to the purpose of your claim;)

 

And you'll get it back as partof your settlement!

[Guest willowb]

Yes, probably but it is down to the Judge....I'd see it as a bonus:)

 

Wxx