Default removal letter - is this OK?

[lallyaya]

I would appreciate if anyone could look at this letter, I don't want to look stoopid. The situation is that there is no signed CCA and the company did not default my account until three months after my request for my CCA and I never was sent a default notice. I want to get the default removed and am considering harrasment claims. Thanks a lot for any advice xx

 

Statutory Data Subject Notice

Dear XXXXXXX

Ref: XXXXXXXXXXX

I refer to the above disputed account.

I have recently conducted an audit of personal credit reports held with Experian, Equifax and Call Credit.

It is noted that there exists an entry referenced as “Freemans plc” indicating a disputed mail order account of £x. This is recorded as “In Default.”

 

I am contesting that Freemans’ processing of my data is an unwarranted act and this is a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

 

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Freemans) to collate, process or distribute any other information unless there is express permission from the data subject.

 

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller.

I have never signed an agreement with Freemans PLC under the Consumer Credit Act 1974 (CCA) or in anyway been informed that my personal information could be used in such a way or given permission for my personal data to be used in such a way. Freemans PLC have stated that such an agreement under the CCA exists, I originally requested a copy of this alleged agreement in the required manner in January 2006, despite numerous letters, to which I only received one response, Freemans have failed to provide any more than a blank agreement claimed to be ‘similar to the one I would have signed.’ Non-compliance with my request under the Act is a criminal offence. I would also like to draw to your attention the following. It is an offence under Section 40(1)©/(d) of the Administration of Justice Act 1970 to falsely present a document as having some official character which it has not, with the object of coercing another person to pay money claimed as a debt due under a contract. It is also contrary to the provisions of Section 25(2)(d) of the CCA to mislead the debtor as to the origin or authority of any document.

 

I have never given any permission for Freemans to disclose my subject data to third parties, you are no doubt aware that any non-agreed disclosure of personal data to third parties, without express permission, is a criminal offence under Section 35, of the Data Protection Act.

 

However, if I am mistaken then you must provide me with a copy of those signed terms indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest this Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified.

 

In summary, in relation to this former loan contract, I am formally instructing you, as an authorised officer of Freemans, from this day onwards, to:

1) cease to continue storing, processing or communicating my data;

 

2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act.

 

3) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc; and

 

4) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to Freemans plc will exist on my credit files.

 

Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall have no alternative but to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against the Bank. I shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

 

I trust that I have made my position clear, and that Freemans will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 10 working days.

Yours faithfully,

Missy Me