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Need to have Sainsbury's default removed (debt is settled)

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  • #16
    Re: Need to have Sainsbury's default removed (debt is settled)

    It is a subtle difference but Principle 5 actually requires that data is held no longer than necessary rather than for as long as is necessary.

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    • #17
      Re: Need to have Sainsbury's default removed (debt is settled)

      Originally posted by stevemLS View Post
      It is a subtle difference but Principle 5 actually requires that data is held no longer than necessary rather than for as long as is necessary.
      No longer necessary in this can as soon as the DN is posted.

      nem

      Comment


      • #18
        Re: Need to have Sainsbury's default removed (debt is settled)

        Originally posted by nemesis45 View Post
        No longer necessary in this can as soon as the DN is posted.

        nem
        I'm missing your point.

        Comment


        • #19
          Re: Need to have Sainsbury's default removed (debt is settled)

          Originally posted by stevemLS View Post
          I'm missing your point.
          No copy kept after posting.

          nem

          Comment


          • #20
            Re: Need to have Sainsbury's default removed (debt is settled)

            Originally posted by nemesis45 View Post
            No longer necessary in this can as soon as the DN is posted.

            nem
            Well i would disagree, no longer than necessary would be what the FCA deems as the bank is regulated by them. I don't know the format of these default notices but I am assuming it will be addressed to the debtor?

            I can't see how they can pick and choose what documents or information they wish to retain, a default notice is probably one of the most important documents that should be kept.

            This default noticed was placed on credit file around 3 years ago and in this day and age documents are likely to be uploaded onto an electronic system, probably the same system in which letters are sent.

            So I would think that on a balance of probabilities of the bank has retained older information before and after the default notice and there is no proof otherwise, I'd be inclined to say that it was not sent.

            This is assuming their system does not mark that one was sent
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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            • #21
              Re: Need to have Sainsbury's default removed (debt is settled)

              They will have a record of it being sent on their system if not the actual letter copy. Often they send a 'what it would have been' template with the dates added to satisfy evidence for court.

              I agree it SHOULD be kept as it is open to abuse, but in practice it isn't, just the note on the client file.
              #staysafestayhome

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              • #22
                Re: Need to have Sainsbury's default removed (debt is settled)

                The other question I thought of was, what if the original default notice was defective in some way and the template letter try send out as proof has in fact been updated - how would one know?!

                Anyway that's all I have to say but and unless it's been argued already it's worth throwing up in court.
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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                • #23
                  Re: Need to have Sainsbury's default removed (debt is settled)

                  [QUOTE=R0b;593175]Well i would disagree, no longer than necessary would be what the FCA deems as the bank is regulated by them. I don't know the format of these default notices but I am assuming it will be addressed to the debtor?

                  I can't see how they can pick and choose what documents or information they wish to retain, a default notice is probably one of the most important documents that should be kept.

                  This default noticed was placed on credit file around 3 years ago and in this day and age documents are likely to be uploaded onto an electronic system, probably the same system in which letters are sent.

                  So I would think that on a balance of probabilities of the bank has retained older information before and after the default notice and there is no proof otherwise, I'd be inclined to say that it was not sent.

                  This is assuming their system does not mark that one was sent[/QUOTE
                  Not a question of picking and choosing what they retain they retain
                  there is simply no obligation so to do, some creditors may well keep
                  copies.
                  nem

                  Comment


                  • #24
                    Re: Need to have Sainsbury's default removed (debt is settled)

                    But my question is under what law or case do they not have an obligation to to keep a record? If someone's name is on a default notice then that will be subject of personal data and should be retained in line with the DPA?
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #25
                      Re: Need to have Sainsbury's default removed (debt is settled)

                      Originally posted by R0b View Post
                      But my question is under what law or case do they not have an obligation to to keep a record? If someone's name is on a default notice then that will be subject of personal data and should be retained in line with the DPA?
                      The point is not about keeping a " record " that's exactly what they do, but there is No Obligation to
                      Archive hard copies.
                      Possibly because a DN has a limited " life" either remedied or expires.

                      nem

                      Comment


                      • #26
                        Re: Need to have Sainsbury's default removed (debt is settled)

                        Sure and you make a fair point. I've not been in situations like this before, I am learning this so forgive me if these questions sounds silly!

                        Putting the shelf life of a DN aside, if a creditor supposedly sends a DN and then destroys it but keeps all other information pertaining to the account such as letters (which if going by what you are saying should also be destroyed as they have passed their shelf life) and then try to rely on their most updated DN template because they have no proof that 1) it was sent 2) it was in the correct prescribe form with the correct amount of arrears and information.

                        Surely that can't be correct? Obviously if a number of years has lapsed then that could be a fair defence if all paper/electronic copies destroyed. But in the instance where a creditor seems to retain copies of certain documents but destroys others, particularly substantial documents then, common sense would say that can't be right.

                        P.s does the original poster have a copy of the DN template I could look at?!
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment

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