***urgent advice needed***

[Eagle1977]

Re: ***urgent advice needed***

Was the agreement subject to the Consumer Credit Act 1974? Check the agreement, if available, and see what the T & Cs say. The fact ICO have confirmed the Fourth Principle of Data Protection has been breached is encouraging, but, at the same time, serious. ICO has the power to fine those who breach data protection legislation up to £500,000.

Hi bluebottle

it was a credit card account from 09. I'm guessing it was subject to the Consumer Credit Act 1974. I sent off a CCA request and a copy of the default notice yesterday, because the credit provider told me it's not covered by the SAR and I will need to pay the £1.00 statutory fee. I'm sure they have to issue a default notice. I never received one anyway.

Im in the process of reclaiming penalty charges from this company. The debt is currently made up of 76% penalty charges. Hopefully with a successful claim, the credit provider discussing my account with my dad and the possibility of them breaching the fourth principle I may be in a position to have the default removed with some careful negotiation.

what do you think??

Eagle

[bluebottle]

Re: ***urgent advice needed***

Was the agreement subject to the Consumer Credit Act 1974? Check the agreement, if available, and see what the T & Cs say. The fact ICO have confirmed the Fourth Principle of Data Protection has been breached is encouraging, but, at the same time, serious. ICO has the power to fine those who breach data protection legislation up to £500,000.

[Eagle1977]

Re: ***urgent advice needed***

Spoke with the ICO today. They were very helpful. looks like my credit provider has breached the Fourth Principle. I've got to contact the credit provider now. I have one question, the ICO state that creditors NO NOT need to send a 'default notice' before they register a default with the CRA. The advisor states that this is written into the credit agreement wich you would have signed and in your Ts & Cs so a creditor does not need to issue one? Is this true??

Eagle

[Eagle1977]

Re: ***urgent advice needed***

From what you have added, this will need to be reported to the ICO also.

I cannot actually say how angry I am. There treatment towards me and my family is disgusting!!

i have been declined a mortgage because of this default. I never received any notification or given any prior notice to remedy the situation, appalling!

thank you for your advice

[bluebottle]

Re: ***urgent advice needed***

From what you have added, this will need to be reported to the ICO also.

[Eagle1977]

Re: ***urgent advice needed***

You are correct in that the sub-human credit card provider has breached the Data Protection Act 1998. Ring the Information Commissioner's Office first thing tomorrow morning. Their Helpline number is on their website www.ico.gov.uk Please be aware that the Helpline does get busy at times, so be patient and keep trying. The ICO's staff are, generally, very helpful.

As for them trying to engineer an excuse to harass, all I will say is, "Nice try." The default date is the date on which it was originally defaulted. Mention this to the ICO when you speak to them.

When was the last payment made on the account?

Thanks for your quick reply,

another entry on their activity log dated 11/11/2009 is that one of their advisors released account information and discussed my account with my dad. Clearly, they did not ask any security questions and assumed my dad was me. As I said he has the same name as me.

Basically, in 2010 I split from my ex wife and moved in with my parents temporarily. I was in financial difficulty at that time so set up a DD with the creditor to pay the minimum monthly amount. Anyway, I just let it run until about 2012 hoping the debt would have been cleared or decreased. In fact it had gone up to over £900.00. So stupidly I just cancelled the DD in around early 2012 I was so angry.

Eagle

[bluebottle]

Re: ***urgent advice needed***

You are correct in that the sub-human credit card provider has breached the Data Protection Act 1998. Ring the Information Commissioner's Office first thing tomorrow morning. Their Helpline number is on their website www.ico.gov.uk Please be aware that the Helpline does get busy at times, so be patient and keep trying. The ICO's staff are, generally, very helpful.

As for them trying to engineer an excuse to harass, all I will say is, "Nice try." The default date is the date on which it was originally defaulted. Mention this to the ICO when you speak to them.

When was the last payment made on the account?