No valid CCA - what next with experian

[Jesteruk]

gymguy , Your right about the ICO. sent the complaint of ages ago...still nothing. Might have to query what is required to place a Default on my file - if im corrent, they require a copy off the cca before they can apply to experian to mark as default, Yet they ADMIT they dont have one, and have admitted it to experian. but experian say "The absence of a signed agreement does not mean the debt does not exist, merely that it cannot be enforced".

 

Ive never said the debt didnt exist. Ive said they do not have the authority to place a default on my file WITHOUT a valid CCA

anyone got a brick wall i can bang my head against?

[Sparkie1723]

gymguy , Your right about the Information Commissioners Office. sent the complaint of ages ago...still nothing. Might have to query what is required to place a Default on my file - if im corrent, they require a copy off the cca before they can apply to experian to mark as default, Yet they ADMIT they dont have one, and have admitted it to experian. but experian say "The absence of a signed agreement does not mean the debt does not exist, merely that it cannot be enforced".

 

Ive never said the debt didnt exist. Ive said they do not have the authority to place a default on my file WITHOUT a valid CCA

anyone got a brick wall i can bang my head against?

 

 

Hi Jesteruk,

 

I think that now that there is an admittance that no CCA agreement exists, will prove conclusively the following.

With regards Experian

They categorically state in their literature that a supplier of information to them MUST have the Specific signed consent of the individual

 

Therefore as it is Experian that have told you there is no CCA in existence then there can be no signed consent given by you.. And as consent is one of the conditions of the First Principle of the Data Protection Act that must be complied with and the fact they have not got a CCA agreement either they cannot rely on the "legitimate reason" as there is no "legitimate" legal contract in existence for the legitimate reason to be relied on, the debt cannot be proved without the agreement so both of them are in breach of the First Principle in that the information about “the account” has been and is being unlawfully supplied in breach of the First Principle and Experian are further processing that information unlawfully.

These are the only two conditions they might have had the chance to rely on but they can't comply with either of them

 

Compliance with the Data Protection Act is not about money in the sense of the word it is about data and information the data that Experian process is data about a person debt no matter how big or how small has nothing to do with Experian.

 

I would write again to Experian and put that to them ....see if they can wriggle out of that one. Tell them under the circumstances provided you have an 80% chance of winning a court case against them both, as they are classed as "joint data controllers" under the 1998 Act.

 

sparkie

 

 

sparkie

Edited September 15, 2008 by Sparkie1723

[alan7181]

In most of he advice threads it recommends sending a postal order. Can anyone explain why. A cheque is far easier for me as its not that easy for me to get to the post office and I have quite afew ongoing battles. A PO also costs more.

 

I have been sending cheques so far.

[Jesteruk]

Alan - always send a PO. If you send a cheque to a debt collector they could quite easily copy your sig into a CCA. not saying i know companies that would but i would always send a PO.

cheques are fine with experian though.

[Jesteruk]

well this reply was emailed back today - lets see what it brings....

 

 

Dear Mr Worley,

Thank you for your email its contents have been noted.

As far as im aware there are certain requirements before a default can be placed on a consumers credit file, One of these requirements is a Credit agreement

QUOTE FROM ICO:

Accuracy of a lender’s default records

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file.

Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

This has been taken from the ICO themselves, Your email CONFIRMS you are fully aware that Shop Direct DO NOT hold a vaild agreement to process my data You are therefore in FULL KNOWLEDGE that the information placed on my file is in breach of the DPP

 

Are you also confirming in your email that Creditors do not require a Valid credit agreement to place a default on my file?

 

In June 2008 Shop Direct were issued with a s10 request under the DPA. They have obviuosly ignored this request and as such are illegally gaining access to my credit file.

I therefore request you supress the information they have placed on my file as they are clearly do not hold any authorisation be it written or in a Credit Agreement.

 

 

Your

jesteruk

[redsue]

hi jesteruk

any further with this?

[Jesteruk]

Sadly all i ever seem to get out of experian was "its not out data" or "contact the company concerned"

 

So i have, last week issued shop direct a letter before action, Basically telling them to clear the data or i take them to court for defamation, and various issues regarding DPA. as far as im aware the compensation is in the region of about £7,000. so given a choice i think they just might cave in.

 

On another matter i final got experian to change the crap Notice of Correction on my file to one that sounds a lot better:

Before :

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

New one :

"SINCE NOVEMBER 2007 I XXXX XXXXXX HAVE BEEN IN COMMUNICATION WITH THE COMPANY REGARDING THE ALLEGED DEBT WITH START DATE 25/10/01. THEY HAVE IN THE LAST 11 MONTHS PROVIDED NO EVIDENCE OF THIS DEBT, I BELIEVE THAT THEY DO NOT HOLD ANY VALID CREDIT AGREEMENT, OR ANY OTHER PAPERWORK RELATING TO THE ACCOUNT, OR HOW IT WAS HELD. SHOULD THIS INFORMATION CONTINUE TO APPEAR ON MY FILE, I WILL COMMENCE LEGAL PROCEEDINGS AGAINST THE COMPANY. I WOULD THEREFORE URGE YOU TO IGNORE THIS PIECE OF INFORMATION."

 

I wasnt aware that i could write my own NOC but hell mine sounds a lot better then the standard one!

SD have less then 14 days..........

[davethorp]

Not sure anyone will read the notice of correction anyway

[Sol]

TBH it may do more harm than good as another company searching may not take kindly to the threat of legal action. Obviously I'm not in agreement with them, but who knows how these organisations think.

[Jesteruk]

Well experian have OK'd it, normally any that could be libel,defimation etc are removed.

 

As for threat of action, they got there LBA this morning, so they know i am taking them to court.

As for people actually reading NOC's, they do, when i applied for a new car in June they mentioned this paticular entry, and wanted to know info on it. They in fact advised me to put a NOC on it as they often read them, to get two sides to the story.

Its all fine them putting defualts on my file, this is one way of me offering my defence.

[angel_1]

Well experian have OK'd it, normally any that could be libel,defimation etc are removed.

 

As for threat of action, they got there LBA this morning, so they know i am taking them to court.

As for people actually reading NOC's, they do, when i applied for a new car in June they mentioned this paticular entry, and wanted to know info on it. They in fact advised me to put a NOC on it as they often read them, to get two sides to the story.

Its all fine them putting defualts on my file, this is one way of me offering my defence.

 

 

jesteruk

 

i think its a brill idea too and what you have put is what im thinking of doing myself,, mind you its all to do with my claim to the fos to deal with a non clear cca, but in the meantime it shows on the credit files its being investigated and well, not any time soon intending to get any new credit so i dont think will harm me in anyway in that direction.

 

good luck ciao for now MAZ