Removal of defaults help!!!

Dave3066

Thanks NID

I'll wait to see what else turns up then.

Dave

Dave3066

Hi again NID

I've had a (lengthy) response from MINT which I'll try to summarise as best I can.

Opening para essentially says

"There is no legal requirement for us to provide you a signed true and certified copy of the original default notice" and they go on to again state that the CCA only applies to active agreements and this agreement is no longer active.

There's then a long explanation quoting letter references of the issue of default and notice of termination with various dates of issue.

Finally they refer to my comments regarding a Subject Access Request and state as follows:

"I think it only fair to make you aware that whilst we will comply with such a request made to us under the DPA this does not include providing personal data contained in manual archived files as these are not structured in a way that they are a "relevant filing system" for purposes of the DPA. You are made aware of this so as not to raise your expectations that a SAR will produce the documents you request."

Bit of a cop out to me as it sounds like their saying that if their filing is crap they can't be blamed for not producing documents under the DPA.

Any advice on my next move would be greatly appreciated.

Thanks v much.

Dave

never-in-doubt

Dave3066 wrote: »

Hi again NID

I've had a (lengthy) response from MINT which I'll try to summarise as best I can.

Opening para essentially says

"There is no legal requirement for us to provide you a signed true and certified copy of the original default notice" and they go on to again state that the CCA only applies to active agreements and this agreement is no longer active.

There's then a long explanation quoting letter references of the issue of default and notice of termination with various dates of issue.

Finally they refer to my comments regarding a Subject Access Request and state as follows:

"I think it only fair to make you aware that whilst we will comply with such a request made to us under the DPA this does not include providing personal data contained in manual archived files as these are not structured in a way that they are a "relevant filing system" for purposes of the DPA. You are made aware of this so as not to raise your expectations that a SAR will produce the documents you request."

Bit of a cop out to me as it sounds like their saying that if their filing is crap they can't be blamed for not producing documents under the DPA.

Any advice on my next move would be greatly appreciated.

Thanks v much.

Dave

You should report them to the ICO for lack of s.7 (DPA) accountability. They have to keep all records relating to you for a period of 6 years after account closure and throughout the lifecycle of the account.

I'd just report them now - enough is enough really.

Dave3066

never-in-doubt wrote: »

You should report them to the ICO for lack of s.7 (DPA) accountability. They have to keep all records relating to you for a period of 6 years after account closure and throughout the lifecycle of the account.

I'd just report them now - enough is enough really.

Thanks for the advice NID. The ICO website recommends I contact MINT first and give them an opportunity to put things right. Should I do that first? I'm sure the ICO would ask if I'd done that when I contact them so I need to be able to say that yes I have given them a chance to sort it first.

I'll write to MINT and remind them of their obligations under DPA for handling of personal data as well as my rights to see data they hold on me. I'll tell them that if they cannot give me the data I am rightfully entitled to that I'll report them to the ICO for failure to comply with s7 of the DPA.

How does that sound?

Cheers

Dave

DarkConvict

Getting Data under DPA is a subject access request and costs £10.

NID has a template - http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22

Dave3066

Hi NID

I've sent a SAR to Mint, not that I'm expecting to get much from it mind you. I don't suppose you have a template letter to send to the ICO about lack of s7 DPA accountability because that would be really useful.

I've been looking back over other threads on unenforceability and default removal and you're doing brilliant work out there. Good to see people getting some positive results. From my point of view I'm just hacked off that I've actually repaid my debts but am still being penalised as if I didn't. You would think that consumer legislation would differentiate between those that do pay and those that don't.

Cheers

Dave

Dave3066

AAAAAAAARRRRRRGGGGGHHHHHHHH:mad:

Got a letter back from MINT with my checque and SAR letter enclosed. They've said that because I no longer have an account with them they need to verify my identity prior to releasing information they hold about me. Funny how they've had no problem writing back to me so far about the account I used to hold with them. They want the usual bank statement/utility bill showing my address before they'll process the SAR.

Also funny how if they phone you and you ask them to verify their identity by asking them some security questions they get all huffy :rotfl:

It's fun to try though.

Onwards and upwards, I will not falter!

Dave

never-in-doubt

Dave3066 wrote: »

AAAAAAAARRRRRRGGGGGHHHHHHHH:mad:

Got a letter back from MINT with my checque and SAR letter enclosed. They've said that because I no longer have an account with them they need to verify my identity prior to releasing information they hold about me. Funny how they've had no problem writing back to me so far about the account I used to hold with them. They want the usual bank statement/utility bill showing my address before they'll process the SAR.

Also funny how if they phone you and you ask them to verify their identity by asking them some security questions they get all huffy :rotfl:

It's fun to try though.

Onwards and upwards, I will not falter!

Dave

Dave

There is no provision for you to prove your identity, send this: Demand of your Signature

If they still don't comply then simply go to the ICO and complain, they are playing silly beggars with you

Dave3066

NID

I'll amend the "Demand for Signature" letter to reflect the information they've asked for.

However, will they not simply state as before that the CCA no longer applies because the account is closed?

Dave

Dave3066

Latest response from MINT with just over a week until the 40 day period of the initial SAR timescale left.

"As explained to you in my previous letter, as your account has been closed for some time, we are unable to verify your identity without additional documentation......."

They then go on to state:

"The letter dated 6 May 2010 (which contained the sensitive information that they were happy to send me without verifying my identity) was sent by our Recoveries Department, who are not a Data Protection Department and the information contained in their letter has no bearing on this request"

I thought anyone who held information on people was subject to the requirements of the DPA? Irrespective of which department they are!

Any suggestions on how to proceed?

I think I will report them to the Info Commission now and copy that letter too.

I've also noticed that they've asked me to sign and return my letter "to avoid further delay"

I think I'll be including something about that too :rotfl:

Cheers

Dave