Default Removal - taking on First Direct, AMEX, Hilldesden & RBS

[magictorch1976]

Good Morning All

 

I have been advised to start my own thread on this after posting to the thread http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal-new-post.html

 

I have followed the instructions to the letter - literally LOL and sent the notice and the template letter to these organisations telling them to cease processing my personal data with the CRA's.

 

Status so far: Amex have responded saying they will get back to me. Nothing from RBS or First Direct. Hillesdon Securities have written a reply that I gather they don't know what they are talking about. This is what I have back from them:

 

Dear

 

Account number xxx formerly Citifinancial Europe xxx

 

Thank you for you letter.

 

The terms of your original contract with Citifinancial Europe permitted the disclosure of account data to the credit reference agencies and enabled them to transfer their rights to a subsequent acquirer of the account. Your account had defaulted prior to our acquisition and we continued to report the account status along with any changes in the amount outstanding. This is in line with responsible lending practices.

 

The default notice was issued by Citifinancial Europe to the address held on file prior to your account being defaulted. A stakeholder notice issued by the DTI in December 2006 clarified the issue of service of a default notice. Such a notice is deemed served if posted to the last known address.

 

I can confirm that all entries on account number 914xxxx are showing correctly as settled with all credit reference agencies. Due to the account going into default on the 31st May 2004, the default will remain on your credit file for 6 years from this date.

 

If you require a copy of your original agreement, to comply with this request, we will the statutory fee which remains at £1.

 

Yours sincerely

 

Director & Data Controller.

 

CAR2403 suggests they don't have a clue but I am unsure what to say back - they are a little "forceful" LOL.

 

Thanks all for your help !

 

Jamie

[Hopeful1]

Hi Magictorch.

 

Whilst waiting for others to respond, do a search on the forum for 'Defaults' and have a read of some of the other threads. You are bound to come across similiar situations. Car (Chris) has some good threads so look out for them.

[magictorch1976]

HI

 

Thanks for the pointers.

 

Letter from RBS advising legal team looking at letter. Any thoughts anyone please on my response from Hillesdon Securities above ?

 

Cheers

 

J

[nicklea]

It depends on what the reason you gave in the notice was for wanting them to cease processing.

 

In this letter you are sepcifically saying that you do not believe there is a signed agreement in place. If they do not provide it then you can go to court to get them to provide it:-

 

Notice Pursuant to Section 10, Data Protection Act 1998

Account No: xxxxxxxx

Dear Sir,

Take Notice that I require you to cease entirely from processing, or else that you do not begin to process, any personal data of which I am the subject within 7 days of the receipt by you of this notice.

This includes particularly, but not limited to, any processing involving the communication or passing of personal data of which I am the subject to any third party insofar as the said data relates wholly or in part to any alleged agreement between us.

This Notice is given on the ground that there is no signed agreement in existence that entitles you to process my personal data.

Further, 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 distress to me in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of the Data Protection Act 1998 to do so would be unwarranted.

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act that you be ordered to comply with this notice.

This letter has been sent by Recorded Delivery.

Yours faithfully,