Mortgage Express Response / help required

[nathal]

After sending letter requesting ME to stop processing my dat, i have received a response

 

dear nathal

 

notice is unwarranted for following reasons

 

you signed to release info to cra's

the subsequent processing of this data is a matter for the cra's and we suggest you refer to them

in view of this we do not agree that there has been any breach of dpa or any justification to comply with the notice

 

group legal dept

[nathal]

Really ME are saying they have supplied details but are not responsible for the processing.

btw on contract i signed, it didnt allow for continued processing.

any advise

[nathal]

Mortgage Express

Dear Sir/Madam

Thank you for your letter dated 22 September 2006, regarding my request under section 12 of the data processing act.

Contrary to your views, I believe your company is breaching the data protection act by non compliance with my request.

In your letter you refer to the the “subsequent processing of this data is a matter for the credit reference agencies”. The data protection act provides us with a detailed explanation of processing.

“processing", in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-

a )organisation, adaptation or alteration of the information or data

b )retrieval, consultation or use of the information or data

c ) disclosure of the information or data by transmission, dissemination or otherwise making available, or

d) alignment, combination, blocking, erasure or destruction of the information or data

According to the explanation contained within the data protection act itself, your company is processing the data in question and therefore your non compliance with my request will breach the data protection act.

The subsequent time limit for compliance with my request is today the 26 September 2006. I will therefore allow another 7 days for your company to comply, otherwise I will seek compliance through the courts

Yours Sincerely,

nathal

going to send this response,

any suggestions/comments

[dayglo]

There is no doubt that they continue to process data.

 

Is the account settled?

[nathal]

mortgage is paid off bout year ago, so yes settled/closed

[dayglo]

good. In that case this is fairly straightforward. Send the letter above, and get ready to file at court using the particulars of claim that are dotted around this forum.

 

There is the issue of whether or not to claim damages in respect of the claim. For non-monetary claims, the court fee is £150. This is my preferred route as it keeps the issues clear and simple. Some people have added a small amount (or large in some cases - ffocus are you watching!!!) to reduce the court fee.

[nathal]

suppose after i win i can claim the 150pounds cost

[dayglo]

yes.

[nathal]

any other comments on letter