2 defaults Egg and Vodaphone - Default hell!!

[car2403]

my claim in under Agreement Unenforceable, (lack of prescribed terms) all figures are wrong (tcc and apr) I have included removal of default in the claim, however, creditor seem to think the Judge will say it can stay even if the agreement is found unenforceable and security removed, arguing the debt is not void. this argument has been done elsewhere and I believe the default should be removed since it is based on an unenforceable agreement, with mystery charges and fees all over it, no prescribed terms and the figures and dates of default are also incorrect, Data Protection Act states processing of 'accurate' information, does it not.

 

How can they Default you under the CCA without a CCA-regulated agreement or one that is unenforceable? Without an enforceable agreement, they can't Default you as a Default is a method of enforcement under s.88 CCA.

 

The debt isn't void, but they can't enforce it through the Court. The Wilson case also covers this nicely, so this is how I'm arguing against this in my POC;

 

1. The Defendant contends that the Wilson v First County Trust Ltd ruling is intended to have the effect that Creditors, such as the Claimant in the present case, who do not have an enforceable Consumer Credit Agreement are not to be allowed to intimidate, harass and effectively blackmail debtors into paying monies that they do not have to pay by, for example, threatening to blacklist the Credit Record and, therefore, reputation of debtors. The financial penalty for a lender not complying with the legislation is that they lose the right to any monies not already paid, including both the principle debt and any interest due on it. The law lords further considered the issue of unjust enrichment but decided that it was appropriate for the creditor to be financially penalised in this way.

 

 

another problem with the credit reference agencies is that they are so hasty to record not only inaccurate information but record 'blind' information, a payment may be late for reasons totally out of the persons control and not their fault at all but still it 'appears' as if this is so! this information is being shared all too randomly without sufficient checks as to accuracy and causing asbolute mayhem without it seems any way of stopping them - it takes much time and effort to sort out and is not an option for everyone:(

 

If you have made late payments, how can you argue that information has been recorded inaccurately? If you have an unenforceable agreement, there is technically no "agreement" to make regular payments that is enforceable against you, so it's this way these markers should be challenged - unless you have evidence to show you haven't made late payments, which wouldn't be the case in the example you've given. (Whether the late payment is your "fault" or not is irrelevant to the factual information relating to that payment being late, IMHO)

[maybelline]

thanks car2403, that is how I see it, the ramblings about late payment, I would not use this in argument, just thinking out loud, stats and all that.

[pokerboy]

I think the best way to get this one removed is to write a letter to them asking them to provide you with true, signed copies of the following;

 

The original credit agreement

The Original Default notice

 

If they can't provide either of then the default is illegal because of different reasons, so you need to post when you get a reply.

 

I will copy/paste an example letter i wrote if you would like to use it.?

 

It has worked twice for me...

 

Neo

I have a default now registered on my file from 2004 but not with the bank I got the loan from but from a company called aktiv Kapital. As I never received acknowledgement of the transfer or the default can I used the process explained at the beginning of this string to attempt to remove it.

[andrew1]

I have a default now registered on my file from 2004 but not with the bank I got the loan from but from a company called aktiv Kapital. As I never received acknowledgement of the transfer or the default can I used the process explained at the beginning of this string to attempt to remove it.

 

'Aktiv' are a Debt Collection Agency - check out the debt forums.

 

 

Sarah

[Mr Miffed]

Hi,

 

I was defaulted by VF and have been having an ongoing battle them. I served a S10/12 on them given that they terminated my agreement (which they say isnt under the CCA anyway!!) and therefore no longer have my consent to continue processing data about me to the CRA's.

 

I just got a reply saying basically saying I have not provided them with evidence of the harm and distress the default is causing, that their continued processing of data is in accordance with the Information Commissioners guidance, given to them in an open letter, which they attach (but failed to attach it!!) and conclude whilst they will look further into my claims, that they will not remove the default, not comply with my S10/12 notice as they contend that they are not in breach of the DPA 1988

 

I dont quite know where this is going, but it seems to me that they have completely misunderstood (or ignored) the requirements of the Notice. Where do I go from here - this is causing me too many problems!!

Edited October 1, 2008 by Mr Miffed

[100mel]

I now have a default problem with Cabot - no CCA despite repeated requests since December 2007, default slapped on my Experian file without any notice in August causing me major problems - section 10 notice issued - ignored totally. Experian refusing any notice of correction - usual garbage about checking and being told that it is correct

 

wondering where I can go next with this? Can I issue letter to Experian to stop automated processing on my file - how can I get this information removed? Cabot have done this I guess because they know they cannot enforce legitimately and this is the way to create maximum damage

 

Any suggestions gratefully appreciated - I am trying to move my mortgage and this data on Experian is causing a big problem

 

Mel

[adamski]

Ok

Read this thread sometime ago maybe even a year or so ago, came back to it great thread but it seems a shame that it has come to a dead end.

 

From what I can gather Surley Bonds S12 letter is now having a standard response from the CRAs stating S12 does not apply to them it seems they are right.

 

Looks like its a waste of time sending this letter as the CRAs appear to be right, can't ask Surley Bonds Opinion as he has not been on here for 6 months or more.

 

Any others who orginally contributed to this thread have any thoughts on that the S12 route is now defunct and not worth doing?

[what_todo]

after reading the page 1 post 14, i am going to send experain the below letter.

 

this is due to the fact that i have 7 Credit accounts, 41 Previous searches, and 78 Linked addresses and 1 default frow lowell

 

i am going to give them 10 posting days.

 

surlybonds

 

 

Experian, my address

Consumer Help Services,

PO Box 8000,

Nottingham NG1 5GX.

date,

 

my file ref

 

"Dear Sirs/madan

 

formal notice

 

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

 

As you are no doubt aware, Schedule II, Section 12 (1) of the said Act allows all data subjects the right to insist on the removal of any and all data from automated processes in repsect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand:

 

QUOTE

 

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct

 

 

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites

"credit worthiness" as one of those examples.

 

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

 

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

 

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

 

To that end, I look forward to receiving your confirmation by close of business of 18th april

Yours, etc"

 

wi

surlybonds, is the letter (still) ok to send, please may you let me know.

 

 

thank you

[mercman72]

could the information commissioner answer this question? maybe worth a try

Edited July 11, 2009 by mercman72

[car2403]

In any case, if they are processing data, it must be accurate and up to date.

 

If there is no agreement that can be enforced, there can be no default under it, therefore a default without an agreement is inaccurate.

 

The CRA's are good at dodging direct questions - for me, attack the creditor, then revert back to the CRA once you've won to have the data removed. It's much simplier.

[bh2362]

I have been reading this over a couple of days what a thread wow!!!

 

please can some of you help me I have sent a S10 notice to the abbey, they replied back with a unreadable document i signed for a bank account, the thread is over here,

http://www.consumeractiongroup.co.uk/forum/showthread.php?293493-Just-got-my-reply-from-SANTANDER-to-my-request-under-section-10-I-got-a-fob-off-need-advice-please&p=3289574#post3289574

 

thanks