Removal of Information

[chopperclaire]

Having spent some time reading the "Default Hell" thread, I have today sent S10/12 Notices to Halifax plc for previous Loan and Credit Card info, Tmobile for a previous phone Contract, and Cabot for a Credit Card.

 

Coutndown starts here..............

 

With the Cabot one there is a default registered which I have already requested copy of and the 12 day period has expired, so trust I am in a better position with this one.

 

If this information wasn't there I would have a pretty decent credit record, and think when I come to remortgage next year I may be able to get a much better mortgage. Hopefully fingers crossed this will all work.

 

Will keep you posted.

 

Claire

 

Also would just like to say, this website has restored my faith in our rights as normal everyday people trying to stop these big Bank Firms and Corporations from ripping us off and making our life a misery! Donations will be flowing once my bank charges are refunded!!

[chopperclaire]

Cabot and their Agents have failed to supply me with the relevant documents within the 12 day period. Could someone approve the below letter for me?

Thanks

I write further to my letter of 23rd August 2006.

I note that you have not complied with my Consumer Credit Act request to provide me with a signed copy of my Loan Agreement with your client, along with the Deed of Assignment showing that your client is responsible for this account.

I do not acknowledge owing your client any monies, and as you have failed to supply the requested documents within the12 day compliance period, in order for the debt to now be enforced you must produce the above mentioned documents and obtain a Court Order.

Failure to supply the documents within a period of 30 days is a criminal offence and if the relevant documents are not forthcoming I will report your client to the Information Commissioner’s Office.

I would also advise that due to the above mentioned documents having not been received, I have now served a Section 10/12 Notice of the Data Protection Act 1995, on your client direct on the 6th September, (by recorded delivery), asking for full removal of this account from my Credit File as they are not permitted to process my data and are in breach of the conditions of the Data Protection Act. Failure to do so within 21 days will result in me obtaining a Court Order for my Notice to be enforced.

I trust this explains my position clearly and I do not now expect any further correspondence or communication from yourselves, other than to supply a copy of the original requested documents.

 

 

 

Any further comments on above?

 

Claire

[deathshead]

you need to wait one month after the 12 days before sending them anything

after 12 days they are in breach and debt is unenforceable until documents provided, they then have a further month to supply the documents before they have committed an offence

[chopperclaire]

Thanks, I shall wait for the 30 days to expire before sending.

[nathal]

wait the 12working days and one calender month rather than reminding them

[chopperclaire]

Can anyone help please?

Received a response from TMobile after serving Section 10/12 Notice stating they require me to provide evidence that the information is incorrect or provide evidence that this is affecting my credit rating.

They have stated that their "privacy policy" stated that my information would be processed at the Credit Reference Agencies, and nowhere did it state that this information would cease to be used once the account is closed.

 

Can anyone help with a response to them. Don't want to get into long correspondence with them, just simply state the facts, that I have not authorised them to process my information.

 

Any help would be appreciated.

[nathal]

proving it is causing a hindrance- the prob want you to apply for a loan get turned down and then say, there it was a hindrance

typical

[chopperclaire]

Probably! Think I am just gonna point out the case law in the notices, and go from there.

 

Thanks for your response