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  #11  
Old 16-01-2008, 11:29 AM
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MrDarcy MrDarcy is offline
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Good ho.. sent that off. Will be intersting to see what comes back from Experian!

Tifonot.. yes why not eh... give them more paperwork to handle and every little complaint chips away at 'em!
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HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off

Last edited by MrDarcy : 16-01-2008 at 01:57 PM. Reason: spelling
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  #12  
Old 16-01-2008, 07:06 PM
sparkie1723 sparkie1723 is offline
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Hi again,
I forgot to add this to my little bits of info, Mr Hancock should also be reminded of the fact that alldata controllers must also be aware of and abide by all the relevant laws regulatiions and statutes that are in operation at the time, therefore CRA,s must be fully conversant with all aspects of the Consumer Credit Act, the Euopean Convention on Human Rights of which especially Article 8 is embedded in the Data Protection Act.
Until consumers really get at the CRA's they will continue to think they are bullet proof, the more consumers make them know that they really do know their rights CRA's will act more responsibly and do a lot more detailed checking with their "clients" as they will end up in a lot of costly trouble.

Every case of defamation taken out against CRA's in the small claims will cost a consumer say 100..... to defend it could cost the CRA 4-5000.Because you will not have to prove any finacial loss (much better if you can), so what will a CRA do?? To try and prevent it being widely known,....,and try to stop others from knowing about such action they will offer a fair sum to shut you up.

This is only my view, but I intend to test it out soon.
I've posted my latest letter to Experian re my case against them on my Black Horse thread its to an Emma Watts she works along side Mr Lee Hancock, I think she his Boss, not sure though.
sparkie

Last edited by sparkie1723 : 16-01-2008 at 08:37 PM.
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  #13  
Old 18-01-2008, 12:05 PM
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hi there,

So when Experian's website states: "In the UK, your human rights are protected by the Human Rights Act 1998. That act only directly affects public bodies. As we are not a public body, we are not directly affected by the act." They are incorrect in that statement?

I would love to take the CRAs to Court but i have too much on my plate at the mo and my intention of writing to the CRAs was to indirectly show the creditors that i mean business and that I am not giving up. I guess a lot of people are in the same boat though.

On this subject i have had a reply from Call Credit today and I'll be replying to them in a similar fashion to Experian:

http://i157.photobucket.com/albums/t...page118jan.jpg
http://i157.photobucket.com/albums/t...page218jan.jpg
__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #14  
Old 18-01-2008, 12:47 PM
sparkie1723 sparkie1723 is offline
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Experian are wrong in their statement, The UK Human Rights Act only directly affects. "public" bodies.
Even If this was indeed true then this would be a discriminatory Law, even so the European Convention on Human Rights covers CRA's as it is a complete law for all those in the European community to which the UK belongs.
Elizabeth France in her legal guidance says this,

As I am required to do, I have sought to interpret the Act in the light of the provisions of the Human Rights Act 1998, which came into force on 2 October 2000. This will need to be kept under review. The full effect of the Human Rights Act on our legal system, and on society as a whole, has yet to be felt. It is, however, clear that the role of information in our society makes it increasingly important to develop respect among data controllers for the private lives of individuals and to ensure good information handling practice. The Human Rights Act, and in particular Articles 8 and 10 of the European Convention on Human Rights provide the legal framework within which interpretation of the Act, and the Data Protection Principles which underpin it, can be developed.

CRA's are Data Controllers.

sparkie

Last edited by sparkie1723 : 18-01-2008 at 12:51 PM.
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  #15  
Old 18-01-2008, 02:39 PM
sparkie1723 sparkie1723 is offline
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All the CRA'sare mistakenly trying to put forward outdated replies, these replies were drafted to reply to queries under the old 1984 DPA under which CRA's were classed only as data processors and could pass the book. refrring you back to the supplier of the data...they are now JUST as responsible.
Not anymore are they data processors they are now Data Controllers a fact they try to escape from by the content of their replies.

sparkie

Last edited by sparkie1723 : 18-01-2008 at 04:29 PM.
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  #16  
Old 18-01-2008, 04:37 PM
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Sparkie,

I commend your determination and your pioneering efforts!

This is an area of the consumer landscape that affects most of us at one time or another, and although your battle is personal to you, the pervading issues are relevant to many.

I hope that we, as a group, can soon start to concentrate on this subject as there is definitely a need to challenge the practices of the CRAs, their 'closed shop' relationships with creditors and their reliance on 'standard practices', 'industry views' and the like, none of which appears to be based on any legislative foundation!

In the meantime though, you are doing a sterling job!
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  #17  
Old 18-01-2008, 07:32 PM
sparkie1723 sparkie1723 is offline
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Hi Ink,

Thanks for the compliments but that is what this site is about, I agree a lot of this is personal to me, but I am certain that nearly everyone on the forum will come across this /these issues sooner or later, and if what I do helps someone just a little bit I'll be happy, I do not want anyone else to have to tackle what I have had to....so if I can knock a few walls down that gets things done quicker for others lateron the better things will be.

sparkie
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  #18  
Old 23-01-2008, 01:16 PM
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Thanks for the extra heads up Sparkie... it certainly seems the CRAs are just as devious as the creditors although i shouldn't have been surprised at that really!

My first reply from Equifax today.

http://i157.photobucket.com/albums/t...x23jan2008.jpg

Really, they are asking me to prove that my 'application' forms are not 'agreements' in their request. This makes me do all the donkey work and also i know what the outcome would be. They will contact the creditors who will say 'we have done everything correctly and Mr x is liable for the debt/s' whereby Equifax will write back to me stating that they have done everything correctly and taken the word of the creditors that what they hold are properly executed agreements. Not sure i want to jump through those sorts of hoops so i expect my reply will along the lines of what i sent Experian!
__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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  #19  
Old 23-01-2008, 01:49 PM
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Quote:
Originally Posted by sparkie1723 View Post
Every case of defamation taken out against CRA's in the small claims will cost a consumer say 100..... to defend it could cost the CRA 4-5000.Because you will not have to prove any finacial loss (much better if you can), so what will a CRA do?? To try and prevent it being widely known,....,and try to stop others from knowing about such action they will offer a fair sum to shut you up.

This is only my view, but I intend to test it out soon.
Not prove financial loss? How so?

Do they offer any fair sum per default or as a whole?

I intend to test this out soon as well and am gathering up the confidence to do it. I've not taken anyone to court yet, not even for my bank charges, but i've almost had it with the FOS.
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  #20  
Old 29-01-2008, 01:34 PM
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Had a reply from Lee Hancock, Experian:

29 January 2008

Dear Mr x,

Thank you for your e-mail received 15 January 2008.

Although you disagree with some of the 'assumptions' I have made regarding our responsibilities and legal duties I would remind you that you are in no position to make a ruling as to whether we have complied with the relevant legislation.

I have already explained to you our full query process and how this fits with the Information Commissioner's guidance. I suggest that if you have any concerns regarding our processes you take this up with the Information Commissioner's Office.

I have also advised you that we are contacting the companies concerned for you and have marked the entries as disputed.

In order to process a search using our records, the company concerned will have to acknowledge that they have obtained an individual's consent before we allow them to access the data. Therefore, we do not require them to provide us with a copy of each individual consent form signed when they use our services to conduct a search. Similarly we do not ask for recordings of telephone calls or computer records when consent is obtained over the telephone or via an internet application.

In the same manner, when a company submit account data to us they confirm that the relevant notification has been given and that the data is accurate prior to providing it to us. It is worth noting that the Information Commissioner has recently issued guidance regarding credit agreement data sharing. A copy of this can be found at the following link:

http://www.ico.gov.uk/upload/documen...%20sharing.pdf

The Information Commissioner has advised that despite the steps we take we do not require your consent to process account information about you.As you may be aware the first data protection principle states that:

Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:

at least one of the conditions in Schedule 2 is met; and
in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
One of the conditions for processing in Schedule 2 is that the individual has given his consent to the processing. It is the view of the Information Commissioner that consent is not easy to achieve and that organisations should consider other conditions for processing before looking at consent.

In the context of applying for credit, consent to share information with the credit reference agencies cannot be freely given. This is because if you do not agree to your data being shared then your application will simply be rejected. In other words you have no choice if you want the credit on offer.

The Information Commissioner has notified us that the condition for processing below covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject."

We have been informed that the Information Commissioner takes a wide view of the legitimate interests and considers that it is in the interests of other creditors to make informed lending decisions.Despite your interpretation of the Information Commissioner's guidance, the Information Commissioner's Office also recognise that as an impartial third party, a credit reference agency can only make enquiries of companies on behalf of borrowers and can add a "notice of dispute" to a borrower's credit report where requested. However, while we record information provided by credit lenders, it is important to understand that a credit reference agency is in no position to make a ruling one way or the other in the event of a dispute between the credit lender and the borrower.

If you have any further queries, please feel free to contact me directly either by e-mail at lee.hancock@uk.experian.com, by telephone on 0115 8286485 or by writing to me at the following address:

Directors' Office, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF

Yours sincerely

Mr L J Hancock

Consumer Compliance Executive

Directors' Office
__________________
-Any advise I give is based purely on my own experience or opinion. It should not be solely relied upon as a statement of the law

HFC Bank - (unenforceable)
Barclays - Agreement received - no spare cash right now
Cahoot - Agreement received
- no spare cash right now
MBNA1&2 - sold to Link Financial. Ignoring me for ages
Halifax - Sold to Cabot - Complaint sent to ICO - Incomplete SAR
MINT - Regal Credit (unenforceable)
Amex - AIC (unenforceable)
Cap1 *Won* 1,500 Written off
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