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  #1  
Old 29-01-2008, 12:37 PM
powerful_rogue powerful_rogue is offline
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Default Late payments with no agreement

Hi

Ive got two late payment markers listed with Littlewoods from 2004. The account is shown as closed with a closing date of 03/05/2004. Obiviously under the current guidelines, they will keep these late payments on file until 03/04/2010

I sent of for a S.A.R - (Subject Access Request) and received all the documents this morning. However no letters were included and no Consumer Credit Agreement was included.

Ive just phone the littlewoods Data Protection Unit and spoken to the member of staff that was assisgned to dealing with my S.A.R - (Subject Access Request).

Her answer as to why these documents were not included was "We dont actually have the Consumer Credit Agreement and we dont have any of the original letters we sent out to you. Everything we have sent out to you is all that we hold on all our systems"

Is there anyway I can use this to get the account removed from the CRA's?

Now I know this must seem like an underhand tactic and me trying to find loopholes, however this information is very old. Its currently 5 years old and will still remain on my file for another 2 years. It does not in anyway reflect my current situation.

Any advice/tips grealty appreciated
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  #2  
Old 29-01-2008, 12:59 PM
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Dragonlady Dragonlady is offline
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Make a complaint to the ICO, out line no Agreement and let it be taken from there. once you have the ICO's finding then you take on the CRA's with that finding. If the CRA's do not comply, you then report them to the ICO. it will take a couple of months, but there is no quick fix solution. In the meantime inform the CRA's of this action. You might find the CRA's do not want the ICO on their back regarding 'erroneus' reporting on your records
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Old 29-01-2008, 01:08 PM
powerful_rogue powerful_rogue is offline
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Thank you DL : A few months is better then waiting 2 years!

What legislation am I relying on here? Im thinking that as they have no CCA, they do not have my consent to process my infromation?
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Old 29-01-2008, 01:14 PM
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That's it, but just make an innocent complaint to the ICO and let them do the work.

From memory it is is the DPA, can't remember which principle, but the ICO will let you know.
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Old 29-01-2008, 03:10 PM
powerful_rogue powerful_rogue is offline
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Thank DL.

I was thinking in the first instance to dispute the information with Equifax who is currently processing it. They will then contact Littlewoods on my behalf and im likely to get their answer a lot quicker then if I contact Littlewoods direct.

Depending on the answer (which I think we all know what thay will be!) I will then take it to the ICO.

If anyone can help with the section of the DPA DL is talking about, it would be grealty appreciated.
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Old 29-01-2008, 03:43 PM
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I think going the way you are planning will not succeed. It will drag on for months, I went straight to the ICO, got my answer and then hit both the catalogue company concerned and the CRA's at the same time. gave them 14 days to respond, they didn't so I went back to the ICO and he did the deed for me. then the company wrote to me offer compensation, I accepted and it was finished within three months. The compensation was not a lot, but enough just have a weekend away.
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Old 29-01-2008, 05:49 PM
powerful_rogue powerful_rogue is offline
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Ah right, that sounds fair enough. My only concern is that the ICO may take a dim view that I have not contacted the original company first.
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Old 29-01-2008, 08:05 PM
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Quote:
Originally Posted by Dragonlady View Post
I think going the way you are planning will not succeed. It will drag on for months, I went straight to the ICO, got my answer and then hit both the catalogue company concerned and the CRA's at the same time. gave them 14 days to respond, they didn't so I went back to the ICO and he did the deed for me. then the company wrote to me offer compensation, I accepted and it was finished within three months. The compensation was not a lot, but enough just have a weekend away.
My one and only complaint to the ICO took 9 months for them to even look at it (Feb 2007 - Oct 2007), so i'm not too confident about passing a complaint to them.
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Old 29-01-2008, 11:55 PM
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Had no idea to push for compo on this , baaaa.

I had written to Lloyd's advising they have no right with out agreement to process my data, they removed the whole entry!!.

I think its a good idea to start using the ICO on these CRA's why should we do so much letter writing to have info corrected that should be checked by the CRA anyway.

By us resolving them they are not getting logged and only by logging them with the ICO hold a true level of how the CRA's are being awkward and lacking in care for personnal data.
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Old 06-02-2008, 01:50 PM
powerful_rogue powerful_rogue is offline
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Well I queried this with the CRA, and littlewoods stated the information is correct and to contact their fraud department!
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