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  #21  
Old 06-01-2009, 12:22 PM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by Dragonlady View Post
I tend to agree with you Sparkie. I wonder if the ICO has this opinion?
Hi D/L
Not sure how the ICO would interpret this knowing their ""bias" toward CRA's, I would imagine it would have to tested in court.
This is why the CRA's allways refer you to the ICO, knowing 99 times out of 100 the ICO will rule in their favour, it is a legal argumentative point of law I would imagine.

sparkie
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  #22  
Old 06-01-2009, 03:11 PM
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Surely then having a letter stating your agreement has been terminated would give great weight rather than a ambiguous Default Notice that needs disputing for its meaning and bring discussions in Court to any case based on its acts of termination.

Should we then, be writing to lenders asking this direct question? have you terminated "our" agreement.
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  #23  
Old 06-01-2009, 07:05 PM
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Originally Posted by Hocuspocus View Post
Surely then having a letter stating your agreement has been terminated would give great weight rather than a ambiguous Default Notice that needs disputing for its meaning and bring discussions in Court to any case based on its acts of termination.

Should we then, be writing to lenders asking this direct question? have you terminated "our" agreement.
Very good sound logical question H/P.

sparkie
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  #24  
Old 06-01-2009, 09:34 PM
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Originally Posted by sparkie1723 View Post
IMO it would be a reasonable argument that as consent would be considered
a "core" term of an agreement and the agreements is cancelled all terms and conditions are non existant the only thing that is left is the "alleged" debt.

sparkie
Remember the ICO's view is:


The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information. This is not the case.

The first data protection principle requires that as well as processing information fairly and lawfully, organisations must satisfy one of the conditions in Schedule 2 of the Data Protection Act 1998.

It is our view 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 take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals.

The ICO are very wolly on this and it would appear that as you say it needs to be tested in Court
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  #25  
Old 07-01-2009, 08:21 PM
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Quote:
Originally Posted by SgtChubbs View Post
Remember the ICO's view is:


The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information. This is not the case.

The first data protection principle requires that as well as processing information fairly and lawfully, organisations must satisfy one of the conditions in Schedule 2 of the Data Protection Act 1998.

It is our view 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 take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals.

The ICO are very wolly on this and it would appear that as you say it needs to be tested in Court
Contract termintaed by MBNA no terms & conditions exist from date of termination...result no consent "cancelled by MBNA's termination" No legitimate interest because there is no agreement in place........6 year rule out of the window, it was terminated ....not ended....(i.e "completed" fullfilled" etc et) .....TERMINATED there is one BIg difference here.


sparkie

Last edited by sparkie1723 : 07-01-2009 at 08:24 PM.
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  #26  
Old 07-01-2009, 09:18 PM
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Quote:
Originally Posted by sparkie1723 View Post
Contract termintaed by MBNA no terms & conditions exist from date of termination...result no consent "cancelled by MBNA's termination" No legitimate interest because there is no agreement in place........6 year rule out of the window, it was terminated ....not ended....(i.e "completed" fullfilled" etc et) .....TERMINATED there is one BIg difference here.


sparkie

I am only posting what the ICO have stated..

http://www.experian.co.uk/downloads/.../icoLetter.pdf

A number of complainants have written to Experian stating that information relating to accounts they have held with credit providers should no longer be held. The complaints maintain that Experian only have permission to hold account information for the duration of a credit agreement and that once the agreement ends so does the consent to process information about it. Please accept this note as confirmation of the Information Commissioner’s view on the matter. (not sgt chubbs view)

The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information. This is not the case.
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  #27  
Old 07-01-2009, 09:42 PM
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But that makes it a free for all? and im sure some way could aid Fraud but i haven't got my brain cells round that bit yet....be back later
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  #28  
Old 07-01-2009, 11:29 PM
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Don't get me wrong HP, I personally don't agree with it. I just feel it is important for people to consider the view/opinion of the so called regulatory bodies, especially if you make a complaint, the bank / dca could already be aware and only work within these limits...

Now actually going to Court is a totally different matter...

On a side note, I hope we still see you around regulary after the end of the month..
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  #29  
Old 07-01-2009, 11:59 PM
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No probs didnt think of it as you its "THHHEEEEEM the EVxL ones"!!!!! lol

i do think this is were contacting a subject each time a new agremeent is entered is a good idea, It just shouldnt be allowed that there is no checking done with you that you have actually authorised this agreement.
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Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

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  #30  
Old 08-01-2009, 06:51 PM
sparkie1723 sparkie1723 is offline
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This relates to an agreement that is ended.....i.e Run its term of contract with no disputes etc etc except maybe late payments.........a contract that is terminated is a completely different animal no contract No CONSENT NO LEGITIMATE interest that is what legimate means in this context ...lawfull. Conditions of the First Principle nullified.

That 's my view and I'm sticking to it

sparkie
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