removing settled defaults

[ajd01]

just rang the company who had the debts,both been passed on.to 2 different firms so messed up my plan a little..why do they pass them around??..laziness or do they realize that the debt has some complications and not worth chasing,so get rid...

 

anyway here is part of the post from the other site :-

 

Basic things to remember about the credit reference data industry and this whole process:

 

a) Remember that the three Credit Reference Agencies (CRAs), Experian, Equifax and CallCredit were not constituted by an Act of Parliament. They hold no official Govt. power even though they like to think they do.

 

b) The CRAs are corporations who simply have the technology to store vast amounts of data and have been doing so for years.

 

c) The banks and lenders supply them with information about your accounts not because they are legally allowed to, but simply because YOU agreed to it via your contract.

 

d) CRAs are allowed to hold any data about you that is deemed in the public interest or in the public domain. Things like Bankruptcy Orders and Discharges, CCJs, IVAs, etc. are public information, and you cannot stop CRAs holding this information. You can ask them to mark them as settled, but they do have legal right to hold JUST these on their records because there are actual Laws that allow them to do so, and judges have signed the Orders in all these types of cases. However, agreement 'defaults' do NOT come under those Laws, unless they have been progressed to a CCJ, etc.

 

e) Civil contract details cannot be stored unless you agree in writing. The Data Protection Act states clearly that your account information is personal data and only you have the right to determine who may collate, process and disclose it.

 

f) When CRAs reply with “it’s our legal right” they are talking nonsense. The legal to which they refer is simply the ‘lawful right’ because you gave permission. That permission can be withdrawn at any time according to your rights under the Data Protection Act.

You can see more about this in the copy of the Experian letter also here in the sticky section, where thay actually admit that they have no legal authority and that there is no six year 'rule'.

 

g) You are also allowed to tell any Data Controller (a company that processes or stores your data) to cease to process your data in any fully-automated process. The Data Protection Act states quite clearly that this includes processes that e.g. “affect your creditworthiness”. The actual clause is in the template letter.

 

h) If you decide to opt-out of auto-processing, then you may opt back in again later.

 

i) To ask a Data Controller to do anything you want them to do, including requesting bank statements, you send what is called a Data Subject Notice – you are known in the Act as the Data Subject – i.e. the person to whom the data refers.

 

j) Data is anything on computer disk, paper, etc., that can identify you as a individual person. “all 34-year-old architects” is not personal data, but “Mr A N Other, a 34-year-old architect from 16 Acacia Avenue, Anytown, AnyPostalCode” is personal data as it can identify a particular person.”

 

k) Your contract and all transactions relating to the running and administration of your account is deemed your personal data, as these may be subsets referenced by an account number that, in turn, can be linked to you.

 

l) All Data Controllers have a duty to protect your data, and must hold a Data Protection Act licence (issued by the Information Commissioners Office) to hold and process data. However, this licence does not allow them to disclose data without your express written permission – it is a criminal offence to do otherwise, except for reasons of national security, taxation, health, etc.

 

There is loads more on the Data Protection Act specifics and I might edit and add to this post as time goes by. The above is to give you the basics and the understanding of how to use this in the method below.

 

The Default removal method.

 

My contention is simple…

1) Data Controllers (e.g. the banks, CRAs) have no legal right to collate, store, process or disclose your data without your permission, except data clearly in the public domain.

 

2) But, you give that right to them when you sign your contract – most paperwork includes clauses such as “You allow us to disclose details about the conduct of your account to CRAs, etc….”.

 

3) That contract becomes Law under contractual LAW…however it is still under the ultimate authority of English Law. Any disputes have to be negotiated or referred to Court for a decision.

 

4) Once the contracts ends, nearly all the clauses also end. The lender does have some rights to prove monies owed and then pursue them lawfully, but my argument is essentially that other clauses all end, and the lender cannot arbitrarily choose to assume that the disclosure of Data clauses can carry on. This is a proposed change of contract that they are trying to impose and is therefore unfair and unenforcable under the UTCC Regs.

 

5) If they then continue to disclose data about you to a CRA, they are doing so without your permission, as your permission expired in the termination of the contract.

 

6) You can then serve them with a Statutory Data Subject Notice asking them to desist from doing so.

 

7) The Data Controller then has 21 days in which to conform to your request, or write to you giving lawful reasons as to why your request should be exempted. To do so, he would have to prove a legal Statute, a Common Law case, etc… but none exist. So, they simply turn around (especially the CRAs) and say that they have a “legal right”. They don’t…they are simply stating that they believe that they have a ‘lawful right’ under the contract Law that you agreed when you signed the contract.

They also use other nonsense expressions such as “under credit law”, “six-year permissions”, etc… There is no credit law permission, and the Data Protection Act over-rules contractual Law when it comes to your rights.

The six-year ‘rule’ that they so liberally quote, is them simply getting confused with County Court orders… such as bankruptcy, CCJs, that only a judge can sign.

NOTE: Banks and CRAs cannot sign Court orders.

 

8 ) If the Data Controller fails to show reasonable cause to try and exempt your Notice, then you may go straight to the Information Commissioners Office and ask them to enforce your Notice. You will need to put all the correspondence together with a covering letter. Please note that although the ICO is (somehow) advocating that six years is reasonable this 'opinion' is NOT enshrined in Law. Therefore, a judge would have to give precedence to the Law, not advice from the ICO.

 

9) You may apply for compensation, only if the incorrect data has caused you financial loss, or other significant inconvenience whilst the incorrect data was used in a process that affected you.

 

10) You can also go straight to the Court and issue a Court Claim to ask a judge to enforce your Notice. You will have to pay a fee, but you can claim this back from the Data Controller if you win. You can also apply for compensation on your Claim – again reasonable costs, damages, etc.

 

11) Damages claims have to be very clear that they caused inconvenience and hardship or distress, so use sparingly. At the end of the day, your primary mission is to remove what you consider is adverse data, not start going off on one for compensation, so stick to your basics first.

 

 

Finally, a few simple rules, that will help your case appear more professional:

1) Check your spelling and grammar – it is shocking to see some very basic mistakes, and it doesn’t give a very good impression if you make basic errors like your and you’re, there and their, etc.

 

2) Send ALL letters (without exception) via Recorded or Special Delivery, and keep a copy, and keep the Post Office receipts and stamped labels. They CANNOT argue if you can prove they got the letter. If you fax anything, keep the send confirmation sheet (sometimes called the transmission journal) – press the button the machine to print one.

 

3) If you phone anyone to discuss the case, use a program like SkyLook (available on this website) to record your calls. Note that it is NOT illegal to record your own telephone conversations – even though the uneducated Muppets in call centres try telling you otherwise. After all, they often record your conversations!