Letters from DTI /Oft Regarding CCA1974 Issues

[patrickq1]

SECTION VII - THE DATA SUBJECT'S RIGHT TO OBJECT

 

Article 14 The data subject's right to object

 

Member States shall grant the data subject the right:

(a) at least in the cases referred to in Article 7 (e) and (f), to object at any time on compelling legitimate grounds relating to his particular situation to the processing of data relating to him, save where otherwise provided by national legislation. Where there is a justified objection, the processing instigated by the controller may no longer involve those data;

(b) to object, on request and free of charge, to the processing of personal data relating to him which the controller anticipates being processed for the purposes of direct marketing, or to be informed before personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, and to be expressly offered the right to object free of charge to such disclosures or uses.

Member States shall take the necessary measures to ensure that data subjects are aware of the existence of the right referred to in the first subparagraph of (b).

Article 15 Automated individual decisions

 

1. Member States shall grant the right to every person not to be subject to a decision which produces legal effects concerning him or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc.
   
2. Subject to the other Articles of this Directive, Member States shall provide that a person may be subjected to a decision of the kind referred to in paragraph 1 if that decision:
   (a) is taken in the course of the entering into or performance of a contract, provided the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or that there are suitable measures to safeguard his legitimate interests, such as arrangements allowing him to put his point of view; or
   (b) is authorized by a law which also lays down measures to safeguard the data subject's legitimate interests.
   
3. Article 1 Object of the Directive


1. In accordance with this Directive, Member States shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of personal data.
   
2. Member States shall neither restrict nor prohibit the free flow of personal data between Member States for reasons connected with the protection afforded under paragraph

[Peterbard]

Hi Nice to have you josie

 

Peter

[Josie8]

1....

[Peterbard]

Hi J

 

Great work

 

Many thanks from all who will benifit

 

Best regards

 

Peter

[Having_A_Knightmare]

Subbing......

[tifo]

i got the same exact letter from the ICO to my complaint as well. Looks like standard stuff.

[mrsc]

wow this is an interesting thread.

[surprise]

Josie, did you have a response to your last letter. I have received the same letter in response to two of my accounts where there is no agreement.

[Josie8]

1..

[noomill060]

What do you mean by "JR the decision", josie?

[Josie8]

1..

[paulwlton]

From the horses mouth. Contradiction springs to mind eh Peter.

 

 

 

[humbleman]

Now, for a lender to reconstruct a document from his records, he will need to know the content of the original agreement. If he has your original agreement then why not just send the copy.

[paulwlton]

Now, for a lender to reconstruct a document from his records, he will need to know the content of the original agreement. If he has your original agreement then why not just send the copy.

 

Because in many cases they have lost the original.

[Vulture_Bank]

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=521

 

N265 list of documents standard disclosure

 

 

looking at this form

 

 

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

on page 3 of 3

 

at

(A) top left ...(too much hard work to quote ).... quite often claimant is economical with the truth here

and

 

(b) bottom left

 

we see bottom left

list and number here, the documents you once had in your control , but which you no longer have. For each document say when it was last in your control and where it is now

 

you get deceiving rubbish like :- all originals of documents as listed above are copies as contained within the original file (the con is they mean electronic file --- not paper !!) opened at the claimants premises

 

 

 

 

 

so how would they fill this in perhaps its a QUORN credit card agreement .......

 

 

 

as we all know Quorn meat is reconstituted !!!

[Goldlady]

I just can't imagine going to court on a contract dispute and saying 'well, your honour, if I still had a copy of the contract this is what it would have looked like and the signatures would have appeared here':confused:

[un1boy]

I just can't imagine going to court on a contract dispute and saying 'well, your honour, if I still had a copy of the contract this is what it would have looked like and the signatures would have appeared here':confused:

 

I would argue that they shoul only be able to supply a "reconstructed" agreement if they hold the original - otherwise they could make up all of the contents of it and you would not be able to dispute it.

 

Also, in order for them to actually get any enforcement through the courts, the orginal must be supplied. Any order made without the original should me appealed - there is plenty of case law stating this.

 

I had one company supply a "recinstructed" agreement with no sigs on it. I questioned them and asked for them to confirm if they held the original and if they did to supply it. I told them that if they do not have the original I believed they may have committed an offence under the Fraud Act and I required them to prove they hadn't. I got a nasty letter back from the sols telling me to retract the statement and answert a load of questions acknowledging the debt otherwise they would sue me defamation.

 

Once I explained that defamation only occurs if an allegation is placed in the public domain and is incorrect and that I had reported them to the Solicitor's Regulation Authority (SRA) for breach of their guidelines, they replied with a nice letter saying that they ewre confused what I was claiming for. They said, if I was claiming that the agreement was unenfrocable due to lack of the original then they would stop all collection activitiy but the account would remain on my creidt file.

 

They also said that they were "shocked and disappoined" that I had felt the need to report them to the SRA and asked for copies of all correspondence I send to them. I told them I was shocked and disappointed that they belieeve their behaviour didn't warrant them being reported.

 

I told them to remove everything as the agreement is totally unenforcable and that I would repoort them under the Fraud Act if theyu didn't. I am waiting fo rtheir reply!!!

 

haha

[Goldlady]

hahaha - made them spit their dummies out then - well done;)

 

Clutching at straws comes to mind. Highly unenforceable straws at that.

[pugsley]

thanks for collating these letters

 

subscribing

[paulwlton]

Dear Mr. Walton

Further to our discussion, the question you asked is whether a debtor could continue to make requests under Section 77 post judgment. The Act is silent on this particular matter and as such we presume that this is the case until the debt is discharged. As we have discussed previously, this is not a definitive statement of the law and a court may or may not take this position. Equally, this is a general comment and, as with our previous communications, should not be taken as advice on your particular circumstances.

I understand that you have sought assistance from your Local Authority Trading Standards Service (LATSS) and that the view expressed by it was broadly the same. As the OFT cannot comment or intervene in individual matters and so unfortunately I am unable to assist you further, you may wish to continue to seek assistances from your LATSS.

Yours sincerely

Henry Aitchison

Consumer Credit Enforcement

 

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[citizenB]

subbing

[FANTASY CHARGES]

any update here ???

[poppynurse]

subbing

[paulwlton]

Forwarding their latest t&cs of an agreement does not suffice as we know this is backed up by the Chief Exec of the OFT.

 

Paul

 

 

Edited January 8, 2010 by paulwlton

[Having_A_Knightmare]

Paul

This does not mention anything about the Original T&C.