Settled accounts

[BEC01]

Here is a question that I hope someone on here with a better legal mind than I may be able to answer.

 

If an account it settled, and closed, then the contract between lender and consumer is deemed to have ended.

 

Therefore, the data that is held for that contract then ceases to belong to the lender (even though we know that it never has!).

 

Is there any legal grounding for removing all CRA references for accounts that have been settled and closed? If so, then this would totally clean up a friend's credit file that has been clean for almost 2 years, but is getting hit for missed payments 3+ years ago on settled accounts.

 

Just trying to add another bit of ammo to the stockpile!

 

Look forward to feedback.

 

[Jesteruk]

Normally an account being settled means one of two things:

 

1: Debt has been sold to a DCA so has been marked settled

2: your friend paid up.

 

To try and get it removed the best way would be sending a request under s10 of the DPA, and asking them kindly to remove the info. If you go in with all barrels blazing there likely to tell you where to go.

[BEC01]

Normally an account being settled means one of two things:

 

1: Debt has been sold to a DCA so has been marked settled

2: your friend paid up.

 

To try and get it removed the best way would be sending a request under s10 of the Data Protection Act, and asking them kindly to remove the info. If you go in with all barrels blazing there likely to tell you where to go.

 

Hello Jester,

 

Yes they paid the amounts in full.

Situation was that they had 3 months of no income, then a large lump sum came along which was used to clear the accounts. No account was more than 3 months in arrears, no defaults, no disputes (as far as I am aware).

 

What I would like to know is if there is a watertight legal route to get all information pertaining to the accounts removed once settled; or - as Jester suggests - that it is just a case of asking for a bit of goodwill. If there is a legal case, then it could be very useful indeed. Not just for this case.

[BEC01]

Any help here?

[Sparkie1723]

Any help here?

 

Unfortunately the ICO says that CRA's can keep settled accounts for six years,

the only stipulation is that they mark them as just ...." Settled" no other information

 

sparkie

[BEC01]

Unfortunately the Information Commissioners Office says that CRA's can keep settled accounts for six years,

the only stipulation is that they mark them as just ...." Settled" no other information

 

sparkie

Does that mean that previous payment information has to be removed?

[Sparkie1723]

Does that mean that previous payment information has to be removed?

 

NOt sure about that you would have to ask the ICO about that.

 

sparkie

[Jesteruk]

i would have replied earlier but somehow CAG emails arent getting to me! LOL

BUT

You might be able to get away with whats called a s10 DPA Request.

Basically what this does is revoke any previous authorisation for that company to process your data. Asking them to remove all information they have placed about you from, not only there systems, but would include experians.

 

Now if you do send an s10 then im sure they will reply on the lines of "We share info etc for your future dealings with us and others and basically bugger off"

 

They seem to think they have the authoirity to control your lifes. Give the s10 a try.

 

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that 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 substantial distress to me and my family members 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 fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed

 

Edit and adjust where needed