NTL default removal

[zonecrew]

NTL have sent me a request for further Information (Part 18 Civil Procedure Rules)

 

Anyway, they have asked for a copy of the civil contract, this I do not have and will state this on the form.

 

The part which I require help on is this..........The paragraph I wrote is

 

1. The Claimant seeks the removal of a default notice placed on an account held with the defendant.

 

REQUEST

 

Please advise why you consider the default notice is not vaild.

 

They have allowed me a tiny space (about a paragraph) to respond!

 

I'm not really sure how to answer this one as before I sent the Stat Notice letter to them (SB's letter) I wrote a 'nice' letter asking them if they would 'kindly' remove the default as I had got into a bit of trouble a few years ago with debt......If I went down the route of the Consumer Credit Act 1974 and said I couldnt remember receiving the default notice, they might produce my letter at court stage!?! maybe wouldnt look good?

 

I was thinking of just putting down something like

 

"My written permission allowing NTL to continue processing, or disclosing my personal subject data was revoked upon termination of the contract. I believe my reasons are contained within Section 10 of the Data Protection Act 1998"

 

I dont think I would have the space to write any more text. Can anyone advise if this sounds OK? Can anyone phrase it any better?

[un1boy]

I am by no means and "expert" on this, but i am going through similar things with the same company.....I would say that paragraph sounds ok mate.

[zonecrew]

I'm going to give it a bit more thought. According to the guidance notes they sent me I can draft my own response page which will allow me extra space to write my responses.

[un1boy]

I'm going to give it a bit more thought. According to the guidance notes they sent me I can draft my own response page which will allow me extra space to write my responses.

 

sounds good to me.....have you posted ur POC here?

[zonecrew]

I think I might just leave it as above, leave the ins-and-outs to court.....if it gets that far

[un1boy]

Yeah, far enough - you don't need to go into everything now do you?

 

Keep us posted!

[un1boy]

Hiya mate, any updates?

[zonecrew]

Yes

 

defence received, just basic stuff really. The main update is that after advice given from a helper on this forum I have decided to make an application to the court in order to make amendments to my POC's.

 

The original POC's were too vague and I have drafted a new set which are a lot more comprehensive and argue my point on a few fronts. Apparently the claim was due to go to the judge anyway for his directions (i had a bad feeling that in its present format he could easily strike it out!)

Theres no guarantees he will accept my application (i think?) but I feel a lot better now now my POC's have been amended.

I have learnt a lesson anyway, i will update again when the time arises.

[un1boy]

ok, cool - any plans to post your POCS/their defence etc?

[Guest willowb]

Yes

 

defence received, just basic stuff really. The main update is that after advice given from a helper on this forum I have decided to make an application to the court in order to make amendments to my POC's.

 

The original POC's were too vague and I have drafted a new set which are a lot more comprehensive and argue my point on a few fronts. Apparently the claim was due to go to the judge anyway for his directions (i had a bad feeling that in its present format he could easily strike it out!)

Theres no guarantees he will accept my application (i think?) but I feel a lot better now now my POC's have been amended.

I have learnt a lesson anyway, i will update again when the time arises.

Same boat as me then, I had to do the same for both of my claims. Good luck to you!

 

Wxxx

[zonecrew]

ok, cool - any plans to post your POCS/their defence etc?

 

My amended POC's were taken from another thread and i've added one or two bits to suit my circumstances and took other bits out as they were not relevant to my claim. As i said, these are a lot more comprehensive than the others and i'm sure i could have added more to them but I'm no expert (far from it! lol) I've edited these slightly,

 

 

1. The claimant had an account with the defendant (**********) which was opened on ***** and closed on ******

 

2. The defendant entered a default notice against the claimants credit reference files. The claimant contends that:

a) The defendant has disclosed the claimant's personal data to third parties through their data processors (Equifax). The processing of data includes disclosing, disseminating and otherwise making available under s.1 of the Data Protection Act. The claimant's credit report obtained from Equifax states that a default marker was placed by the defendant showing that the amount outstanding was £***. Equifax are processing this data on behalf of the defendant by disclosing the data to third parties.

 

b) The defendant has failed to comply with a statutory notice under s.10 of the Data Protection Act 1998 to cease processing the data and the claimant requests that the court makes an order under s.10(4) requiring the defendant to cease processing the data. At no time did the claimant grant permission for the defendant to arbitrarily extend that permission to store, process or disclose any personal data beyond the cessation date of the contract.

 

c) Furthermore, the claimant contends that the defendants perceived right to arbitrarily choose to extend the length of that contract without the claimant's agreement is unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations 1999.

 

 

3) The continued processing of the claimant's personal subject data is causing substantial damage and distress in that since the default was registered the claimant has suffered the distress of being unable to obtain credit, etc etc etc This damage is unwarranted because the length of time the default is to stay on file is excessive and therefore in breach of Principles 3 and 5 of the Data Protection Act.

 

s.10 may only be excluded where one of the criteria set out in schedule 2 para 1-4 is met. Para 1 is exclusively relevant to the present claim in that there is an issue concerning the consent of the claimant. Indeed it is my contention that the defendants supposed right of obtaining an exemption is not contained within any of these paragraphs.

 

 

4) The defendant failed to respond to a formal request for the true copy of the default notice under s.78 of the Consumer Credit Act within the statutory time frame and has thus committed an offence.

 

5) Accordingly the claimant seeks;

a) An order under s.10 of the Data Protection Act 1998 to prevent the defendant from processing the claimant’s personal data and the removal of a default notice.

b) Court Costs

c) Compensation under S.13 of the Data Protection Act 1998 at the discretion of the court.

 

I believe that the contents of these particulars of claim are true

 

As you will see i'm also seeking compensation, i agonised over this for a while and decided to include it within my POC's. I have been specific about the damage and distress the default caused me in my POC's and am only requesting this compensation 'at the discretion of the court' I was advised to take care when requesting compensation as it can deflect on the true reason of my claim.

[un1boy]

Cheers mate, good reference

[forthepeople]

I'm gonna keep an eye on this post as it's similar to mine.

 

I'm chasing NatWest for a default removal and I'm gonna file an N1. It's taken them 4 months to fob me off while I followed Poweful Rogue's recommended process - their final letter said to contact the Obmudsman although they can't supply copies of the default or original contract, so they choose to break the law.

 

I'll also claim costs incurred due to my low rate fixed-rate mortgage application being denied and having to take a higher-rate tracker mortgage which has jumped up several times!

 

It is with the Ombudsman now but I feel it will take too long, so I'm gonna bring it on.

[un1boy]

Good luck forthepeople!

[Guest willowb]

Forthepeople, is the account settled and closed? If so, they don't need to supply the origional default notice. Have you sent a Stat Notice?

 

Wxxx

Oh and whilst we're here....Zonecrew, have you heard anything?

[forthepeople]

Yes, it was settled in full a week after we learned it was defaulted. They had passed it internally to Triton (just another name but is Natwest collections).

 

It was closed and we issued almost replica copies of letters from http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html asking for copies of default notice and contract.

 

Willowb -they don't need to supply the original default notice? What is the Stat notice?

 

Thanks!

[un1boy]

Forthepeople, if you settled it within a week of receiving the notice, they CANNOT default you!!!

89 Compliance with default notice

 

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

 

So, if they have given you 30 days which is standard practice, and you settled it within a week, they have commited a criminal offence - what's the name of your thread? We will come over and help...

[forthepeople]

I'll carry on over here on my thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/60131-_-_-forthepeople-natwest.html but will keep an eye out here and root for zonecrew.

 

We settled in full as soon as we found it had been defaulted but not within 30 days of the notice, as we never received it and did not know it had been issued.

 

Buggers!

[un1boy]

Hi Zonecrew, any update?

[donbracho]

hey up all have checked my credit report and i have a default entered by NTl against my name thing is now have changed ownership to Virgin how do you go again sorting it all out ?