Prevent unlawful processing of data

[mbnatroubles]

In a dispute with MBNA. I have confirmation from my local Trading Standards Officer that what they have provided cannot be considered a true copy of my credit agreement. In spite of numerous letters sent to them by me explainging this, and putting the account into dispute, I recieved a letter today specifically threatening to start marking missed payments on my credit file unless I clear the arrears.

The balance on the account is now innacurate as it includes interest and charges added since I put the debt into dispute, so sharing this innacruate balance would breach Data Protection Guidelines. And I believe that the OFTs guidelines prohibit lenders processing information with credit ref agencies whilst a debt is in dispute.

Is there any way I can stop them doing this? Have considered getting an injunction but have no idea what this would entail. Any help would be hugely appreciated!

[Curlyben]

Re: Prevent unlawful processing of data

s10 and 12 of DPA cover this and you need to send them a notice to that effect.
They will of ocurse ignore you, but at least it gives ammo for court action later on..

Statutory Notice Pursuant to Sections 10 and 12 of the Data Protection Act 1998.
Data Subject Notice.
Account number: xxxx xxxx xxxx xxxx

Whereas I have been a customer of MBNA and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

[mbnatroubles]

Re: Prevent unlawful processing of data

Thats exactly what ive been looking for.

Thanks Curlyben!

[mbnatroubles]

Re: Prevent unlawful processing of data

Hi CurlyBen,

Just noticed that the second template letter I sent on 20/05/09 had the following paragraph:

'Please note you you may also consider this letter as a stautory notice under section 10 f the DPA to cease processing any data in relation to this account with immediate effect. This means you must remove all info from credit ref agencies. Should you refuse to comply you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

Needless to say they have not.

Does this mean that they have already been given a stat notice under the DPA and is there still need to send the letter you provided?

What should my next move be?

Thanks

[Curlyben]

Re: Prevent unlawful processing of data

I'd be inclined to send it to them again and make sure it's recorded delivery..

[james robertson]

Re: Prevent unlawful processing of data

Hi i've only just found this site and of course find it immensly interesting, can i ask if these answers work forany clear dispute with an OC or DCA and not just errors with true and accurate copies of the credit agreement?

I have the part of the letter to non conforming OC's and the above quote which will be very useful if i can use it withmy disputed account. ie not relating to CCA request.

any help would be gratefully received.

[mbnatroubles]

Re: Prevent unlawful processing of data

Hi James,

I think it would depend on the circumstances of your dispute. If you want some help the best thing to do it start your own thread - that way you can get the attention of people with more expertise than me.

thanks for that Curlyben, sending letter shortly.