Bank in default of s77 request, should they remove data from credit file?

[beavis123]

In saying the above, i dont think this is what this site represents, i would encourage everyone to pay their debt where they can, and make arrangements when times fall hard.

 

I agree totally, however, just as we have responsibilities to repay our debts, creditors also have responsibilities under the CCA and it is the legality of their actions while they fail to meet their responsibilities that i raised here. I wouldn't advocate the use of s77 simply to avoid paying.

[pirateuk]

I agree totally, however, just as we have responsibilities to repay our debts, creditors also have responsibilities under the CCA and it is the legality of their actions while they fail to meet their responsibilities that i raised here. I wouldn't advocate the use of s77 simply to avoid paying.

 

Ye i agree, apologies though, i wasnt implying that you were trying to avoid paying debt, it was just a thought that came up when i was trying to find an excuse to use s77/s78.

[crew74]

If no one has a written and signed agreement (neither you nor the Bank), how can the Bank justify a "Default" on an agreement it can not produce.

It doesnt mean that there never was an agreement but if the Bank is going to say someone is not observing the terms and conditions of the agreement and they can't produce the said agreement ,in my opinion the judge will declare it unenforceable.

It's the same as saying " I loaned this person 100£ and they signed and agreed to repay but I can't produce the paper they signed " then it's your word against theirs.

Edited March 10, 2009 by crew74

[basa48]

IMO there are several issues here.

 

If it transpires a credit agreement does not comply with the provisions of CCA1974 this removes the rights of the creditor to process personal data, including to a CRA. Without a valid agreement no contract exists under which permission is granted by the debtor for the creditor to process his/her data.

 

The issue of "if there was no valid agreement, why did you make payments?" My answer is - I am not a financial or legal expert. At the time of the start of the relationship with the bank I was ignorant of the law and did not realise there was no legal basis for me to make payment. Only after taking legal advice did I know there was no legal contract and my obligation to continue payments ceased.

 

Finally, a creditor who knowingly continues to process personal data to a CRA (or anyone else) without permission (i.e. knowing the debtor disputes the validity of an agreement), contravenes s10 Data Protection Act.

[beavis123]

IMO there are several issues here.

 

If it transpires a credit agreement does not comply with the provisions of CCA1974 this removes the rights of the creditor to process personal data, including to a CRA. Without a valid agreement no contract exists under which permission is granted by the debtor for the creditor to process his/her data.

 

The issue of "if there was no valid agreement, why did you make payments?" My answer is - I am not a financial or legal expert. At the time of the start of the relationship with the bank I was ignorant of the law and did not realise there was no legal basis for me to make payment. Only after taking legal advice did I know there was no legal contract and my obligation to continue payments ceased.

 

Finally, a creditor who knowingly continues to process personal data to a CRA (or anyone else) without permission (i.e. knowing the debtor disputes the validity of an agreement), contravenes s10 Data Protection Act.

 

 

....and 13.9 of the banking code:

 

 

"We may give information to credit reference agencies about the personal debts you owe us if:

• the amount owed is not being disputed"

[basa48]

....and 13.9 of the banking code:

 

 

"We may give information to credit reference agencies about the personal debts you owe us if:

• the amount owed is not being disputed"

 

Actually 13.6 but great, more ammo !!

[beavis123]

oh yes, 13.6 it is...