Help required - Robinson Way and next debt

[santamonica]

Hi,

 

I'm in the process of trying to get defaults removed by sending the CCA request and when they don't reply the follow up letter asking them to remove the default (funny how they all reply to this one!! ).

When that doesn't work I've been writing to the CRA's disputing the defaults but they seem to go with the companies decision.

I've had success with one company, others it will be court papers issued.

 

Robinson Way have wrote to me (they were dealing with a next account). The default was issued in 2002 and the balance is now zero. I sent all the letters and have received this reply:

"In response to the account please be advised the default will not be removed until a period of 6 years has passed dince the day it was recorded. As previously advised we are unable to give you a copy agreement as mail order accounts do not have them however we have requested a copy statement for you".

 

I know most mail order companies don't get you to sign them but that's their problem not ours. Surely if they are coverred by the consumer credit act which allows them to place info on CRA's they must have to produce a signed agreement or basically there is no/never has been a debt.

 

Anyone got any ideas on how I should respond?

 

Thanks in advance

[santamonica]

anyone????

[veryannoyed]

as far as i understand it, if there is no signed agreement, then you have certainly not given Next your permission to process your personal data, which includes sending info about you to a credit reference agency.

 

I'm not a lawyer, and am only beginning to get to grips with all this myself, but is there is no agreement, there is no agreement, end of!

 

I'd send them (next) a recorded delivery letter demanding to know under what piece of legislation they think they are justified in processing your personal data as they have previously refused to send a copy of any signed agreement giving them such a right.

 

I think you need to send an S10 / S12 notice too - search the forums for more info on this

[santamonica]

Sent the letter with a s10/12 so will wait for the reply. If I get no joy I'll start court proceedings.

[santamonica]

Apologies but this is gonna be a long post.

 

Received a response from the s10/12 which says

 

"your points appear to concern the following:

1. no CCA.......however Next accounts can be opened in several ways but each process requires the customer to agree to the terms and conditions (they have included a copy of these) .........you will see that on openeing a next account the customer agrees that their info may be disclosed to legal and debt recovery reps.

2. processing of data by London Scottish bank - we purchased your debt from next who had consent to process your personal data, as an assignee of this debt we have a similar consent. Your complaint relates to the fact that your credit file shows a default...........we should point out we did not record the default ( well I have a copy of my credit file in front of me and it clearly shows the default registered by london scottish bank).

3. You continue to maintain that the standard retention period of 6 years is unlawful yet you provide no evidence to support this assertion. You say that it is our responsibility to provide information that is in compliance with the Data Protection Act. The 6 year retention period is approved as a suitable retention by the Information Commissioner..........we take it you are saying the IC is wrong...........we and the CRAs are acting in a manner consistent with the view of the IC................If you think that this is incorrect then you need to refer us to an authority for this view (e.g. a binding Court of Appeal decision on this point)

4. You request a copy of the original agreement however your agreement was with next and not us and we only undertake the debt collection service on our clients behalf, they do not forward any documentation to us. You will need to contact next direct in connection with this.

 

With respect it is proving difficult for us to follow your argument to any clear extent. This being the case we hope it is useful to set out the below:-

1. The Data Controller when the default was filed was Next (doesn't say that on my file)

2. You appear to object to the retention of data on your file for 2 reasons:

a) that contract with next is at an end and you have not consented to any processing of data by us. Our view is as follows:

i. the fact the contract with next is at an end has no bearing on the matter at all

ii. as an assigne of nexts debt we are satisfied that we have a consent to process your data

 

The only basis on which a lender can ever consider taking this action is where a default is incorrectly filed............if data is inaccurate then it should be removed or amended, if not it must remain.

 

You refer to pursuing a claim against us on the following grounds............that we cannot prove that a default notice was issued correctly. If you refer to a CCA notice this is a completely different concept to the type of default currently at issue.

In summary, we purchased an account from next in relation to which a default was already recorded. We fail to see how we have acted unfairly towards you.......

if you wish to commence proceedings against us...........as well as defending any action taken against us we will in the circumstances ask the court to award costs against you."

 

 

Their argument seems to be that; I agreed to processing of my data but they can't prove this as there is no signed agreement, and the fact that it was next that recorded the default but my credit files clearly show it was london scottish bank.

 

Anyone help with a response to this?

[santamonica]

Should I send a reply and enclose a copy of my credit file highlighting the default from london scottish?

[Tinkerbelle]

Yes..

 

Do you recall signing anything with NEXT giving them permission to process your data?

[santamonica]

I'm pretty sure I didn't sign anything for them, Robinson Way have already said there is no agreement. I'll send them a copy of my report and see what they have to say.