Mercers Phoning me!!

[Smasher]

Re: Mercers Phoning me!!

There is something he can do about the default notice. If he sends off a CCA request, chances are, he'll either receive a dud or not get one at all. In this case the default and any other info shared with CRA's must be removed. No CCA = No permission to share data.

I would do the CCA request ASAP, then get in a claim for the charges and include the CRA info removal as part of the claim. Their balls are in your hands..

[Curlyben]

Re: Mercers Phoning me!!

Wish it was that easy with Mercers, Smasher.
The ONLY thing they understand is cold hard cash.

[Smasher]

Re: Mercers Phoning me!!

I'm helping my brother fight them right now. Trust me, they will understand a court claim when they get it!
They have no CCA and they have no defence for the charges so they have no choice. They WILL repay the charges and they WILL remove the data. It will take however long the claim process takes, so in the meantime he'll have to put up with the phone calls, the letters & the text messages e.t.c. However, that's all they'll do..

There is also a case to be made for harassment and even libel but getting the charges repaid & the data removed will be good enough.

[Amy]

Re: Mercers Phoning me!!

I sent Mercers a Section 10 Notice and never heard from them again.

[Curlyben]

Re: Mercers Phoning me!!

Same as Amy, accept in my case they passed it to the "lovely" RMA/NCO monkeys as well as several others.

[Shazzaw]

Re: Mercers Phoning me!!

Hi guys,

I'm also getting calls from Mercers now - could anyone tell me what's a section 10 notice??

Thanks,

Shazza

[Amy]

Re: Mercers Phoning me!!

Hi guys,

I'm also getting calls from Mercers now - could anyone tell me what's a section 10 notice??

Thanks,

Shazza

Here you go.

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. XXXXXXXXX
Account holder. XXXXXXXXX
Address. XXXXXXXXXXXXXXXXXXXXXXXXX

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX 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 7 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 charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults 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 may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed


date

[Shazzaw]

Re: Mercers Phoning me!!

WOWWWW!

Thinks I'll be sending them one of those and see what happens - thx Amy

shazza

[Curlyben]

Re: Mercers Phoning me!!

Bet you £1 they ignore you

[StoneLaughter]

Re: Mercers Phoning me!!

I know it says "stop processing my Data, bitch..."

but what processing of data is it aimed at? We send this to the DCA monkeys; so what data are they not permitted to process? (Sorry - the legalese in the letter is not the easiest to follow).

[Curlyben]

Re: Mercers Phoning me!!

The whole point of an s10 is to stop them reporting inaccurate data to the CRA's.
Obviously if they don't have a compliant agreement then ANY data (defaults, etc) is inaccurate.

[StoneLaughter]

Re: Mercers Phoning me!!

Ha! Exactly the sort of succinct and to-the-point reply I like. Thanks Curly.