Mackenzie have responded!! - Bad News?

needuradvice

@George - I haven't checked my credit file as yet, although a while back i checked it and there were no defaults showing.

needuradvice

Hi guys,

Yesterday i got a copy of the letter that 1st credit was supposed to have sent to me on 18th may from the FOS:-



I know many of you will say that I now should let it be, but I'm not going to give up without a good fight...i've emailed the FOS:-

Dear XXXX,

Thank You for attaching a copy of the letter which I read and I must point out that they have a totally wrong address. They must have written it in a hurry. Anyway since I'm writing an email to you, FYI, I might as well mention some of the pointers:-

1. When I sent the Statute Barred letter on 21/04/2010, I told them to remove the data under the DPA 1998 s.10. 1st Credit responded on 10/05/2010 that the data won't be removed due to:-

"As it falls under the exemption in Schedule 2 section 2(a) of the Act"

This is what Schedule 2(a) says:-

The processing is necessary—

(a) for the performance of a contract to which the data subject is a party


As their response was before they found out that they have no information if the debt is statute barred, they were correct in writing that response on 10/05/2010. However this is not valid anymore because they cannot prove if the debt is statute barred and 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 evidence of this. Under the DPA 1998 they are not allowed to hold or process incorrect data on me. If they are telling me that the default date is a long time 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.

2. Even though they have said they have closed the account, they have added a "Get Out" Clause which is not right or legal. The reason for this is that I have already told them that they should either prove that the debt is "Statute Barred" now or leave me alone. Because I have clearly stated that they shall receive no payment due to the debt being statute barred, they can not keep coming after me after 6 years as this is harrassment:-

The OFT Debt Collection Guidance states that continuing to chase or press for payment after a debtor has
stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

What I'm trying to say is that I'm giving them the opportunity to sort out this matter and it is upto them to prove it with evidence. If they can prove that the debt is not statute barred now (not later!) then they have the right to keep pursuing me, but if they cannot prove this, then they need to:-

1. Close the account and remove my details from their systems
2. Write a letter acknowledging the closure of the account, removal of my details and that as far as they are concerned, the debt is statute barred they will not pursue me in the near future.

If they do not do this, then I shall have no choice but to continue the complaint and also I will write a complaint to the ICO regarding their breach of data.

I look forward to hearing from you soon.

Kindest Regards

xxxxxxxxxxxxxxx