Mackenzie have responded!! - Bad News?

needuradvice

hi george..hope ur doing well.

I haven't complained to the ICO yet as i want to see where i get with this issue first.

If you take a look at http://forums.moneysavingexpert.com/showpost.html?p=32706819&postcount=155, you will notice that I already tried that trick and their response was a big fat no because according to them "this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act".

I know many will say that they won't come back, but i can't risk it as i'll get very paranoid. I keep imagining scenarios of me having a house or something and a few years down the line, a letter arriving saying "1st credit have found some info and will now go ahead with placing a charging order against your property"...sorry its just me.

The way i see it is if they haven't found any info, then:-

1. They have no right to keep my data on their system.
2. They have no right to say "oh we'll close your file for now, but if we find further info, then we should be allowed to open it again".

bottleofred

Hi,

Ask Mckenzie Hall for a schedule of payments. Thay way you'll be able to see if there was a six year gap. Any payments made after the 6 years can still mean the debt is statute barred.

needuradvice

hi bottleofred,

i think ur mistaken. The original owners are not MH, but 1st credit. What happened what 1st Credit kept writing to me and eventually with the help of this wonderful forum, i wrote a SB letter to 1st credit, they then passed the debt onto MH. I then got the FOS involved and also asked MH to either prove that the debt is not SB or get lost. They backed off and closed their file and have now passed the debt back to 1st credit.

1st credit now also have said they will close the file as they can find any info. But they are also leaving a "GET OUT" clause by saying that "for now we will close the file, but if we find any further info, then we will be back". This is pointless as they know its SB, so why should they not permanantly close the file?

I need 1st credit to admit that they have found nothing, therefore they will permanantly close the file and leave me alone.

Britwife

I don't think you have any reason to be paranoid. If they can't find any information now, I don't think they will find it later. I don't think they will even try to look for it. Have you recieved any confirmation from First Credit that they have closed your file? If not, I would contact them and tell them you want confirmation of your closed account.

We still haven't heard anything from MH and hopefully won't.

needuradvice

hi britwife,

you have a PM

GeorgeUK

SCHEDULE 2

Conditions relevant for purposes of the first principle: processing of any personal data

2
The processing is necessary— .
(a)
for the performance of a contract to which the data subject is a party, or .
Not valid - if the debt is statute barred, the contract no longer exists

They are arguing that the debt is not statute barred, but can provide no ovidence of this. Under the DPA they are not allowed to hold or process incorrect data on you. If they are telling the credit reference agencies that the default date is years after the last payment, then they are in breach. They should be able to provide proof of when this last payment was but have failed to do so.

needuradvice

well thank you for that useful info george. I am going to ring National Debtline and the FOS and inform them of this and see what they make of it. It seems that its one rule for us and another for them! Bl**dy Hypocrites! :mad:

needuradvice

Hello again guys,

Just spoke to NDL and FOS.

NDL said to try and push the FOS if possible to get rid of the "Get out" clause, although its not compulsary if 1st credit have already written that they've closed the a/c.

I didn't like the idea of 1st credit stating in the letter that "they reserve the right to pursue me if further information is found". I contacted the FOS and spoke to the adjudicator who tried to insist that:-

1. the account is now closed as they have found no information from lloyds
2. 1st credit can continue chasing if they find further info from lloyds

I simply said to the adjudicator that "have they been chasing me for the last 8 odd years without any information about me??" the adjudicator went silent for bit.

I explained that why should they be allowed to keep my personal data on their systems if they have no further information about the debt? As george kindly pointed out, the law clearly states that they can only hold my data if they have some contract, but if they can't get any info, then the contract is void, thus the data should be removed.

I also said that its upto them to prove the debt and even after several letters they have found ZERO information about me, hence there is no need for them to keep the data. She said that they have the right to pursue me in the light of any new information, but i kept on insisting that they've had plenty of chances to prove it and since they haven't, therefore as far as i'm concerned, the debt is SB and then i mention that the OFT clearly states that:-

1. It is unfair to pursue the debt or harrass, if you have heard nothing from the creditor for 6 years.

2. The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.

3. It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.

4. It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.

After a lot pushing, the adjudicator has said that she will contact 1st credit and clarify some details as well as try to sort out some of my concerns, although she cannot promise that there will be any change in her decision.

Oh well its worth a shot to see if we can get a better offer....:undecided

GeorgeUK

Good for you. I think you are quite right to stick to your guns on this.

If this debt was NOT statute barred, then yes, i agree that they should be able to retain your data incase any new information was found. However, as this debt is statute barred and you have informed them that you will not be making payment to a statute barred debt, they have no reason to hold or process your data - this is why you have tried to enforce this with the section 10 request.

Is the account/default still showing on your credit file?
If so, this is a breach of the DPA as they are giving out incorrect information about you which can have a financial impact on you with regards your credit rating. Have FOS said anything about this breach?

pepe2008

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