Partial Data Sharing rules and default?

valeriedixon

Hi
OH has cc debt which due to health problems we are unable to pay the full payments each month. Have never missed or had a late payment in 30 years, did letter explaining that we wanted to try to sort something out to pay off debt could they freeze interest and charges etc. Last payment was due about three weeks ago and we paid small amount as token as advised one week ago we received notice of default if full payment not made within 17days and told details will be passed on to Credit Reference Agencies. Account is closed and to send back card. Apparantly our credit agreement was covered by a partial date sharing rules - what is meant by partial data sharing? I have requested copy of original credit card agreement but have not heard anything from them. I did not do template letter but just requested details in letter I had sent about the whole matter.

This seems very quick of the mark to issue default. Do cccs have to default you if there is an arrangement acceptable to everyone and payments are being made? My ccc said they had their own in house collections and it would be staying within their system so I am a little confused especially as I warned them prior to missed payment and they said they would work with me to sort it out!!!!!

Anyone any ideas about partial date sharing and is this usual for a default to be issued so promtly?
Thanks

Hannah_10

Sounds like a made up term to me? It doesn't even make sense. Partial data sharing? Like "my name is H_n_a_?" "My name is Hannah (no surname) is sharing data, even 1 item is data so I have a suspicion they made this up to manipulate you. The Data Protection Act 1998 defines who can know what about you. Lenders will share data with CRA's (credit reference agencies) and they can pass your case to another agency to represent them. Except under truly exceptional circumstances (like if there was evidence you were an Al Queda mastermind raising funds to equip bombers) they would have to share with official organisations. That really is about it. Oh and if they take you to court of course, they have to tell the court thier side fo the story. Likewise if you appoint Payplan or someone to manage your affairs for you, they would have to deal with your representative. Except for that there really isn't a lot that I can think of that they could be alluding to. Under the DPA you can know verything a company knows about you. I can't remember if it's the DPA or annotehr act but the law gives you a right to see a copy of the CCA (you have to send a £1 fee).

I would not have put it past them to have made it up for effect. For a defnative answer look up the Information Commissioners Office (who oversees the implementation of the DPA 1998) and check with them. Thier website is pretty informative. Failing that they take enquireys.

valeriedixon

Thanks for that I will take a look. Account was set up around 1994 so I am assuming things might have changed so hopefully they will have past details as well as up to date situation.
Thanks again

Hannah_10

1994 you say? Have you ever heard of the word unenforcibility? The lender has. That's why they don't want you to see your CCA. It's either non existant or wrong in all probability because over 70% were before 2007. If it's either missing or wrong then this debt is unenforcible, meaning among other things that court can't/wont rule it has to be paid, it can't appear on your credit files. In theory you have to pay it, but you have to pay it or else what? Or else nothing. If unenforcibility is something that interests you then join the forum at http://www.!!!!!!!!!!!!!!!!!!!!!!!!/ where the collective knowledge of and experience with unenforcibility is mind blowing.

Hannah_10

Why has that splatted out? What's going on with that? I've never had a link do that before.

www . all - about - debt . co . uk

valeriedixon

Definitely 1994. I will take a look and have a read. Thank you for link, well the second one anyway, not sure what happened on your first link - wasn´t me, honest!!!
Thanks

Culex

Hannah_10 wrote: »

Sounds like a made up term to me? It doesn't even make sense. Partial data sharing?

Perhaps they wished to draw a distinction between what they do and impartial data sharing?

I agree - it does look like flim-flam and it should certainly be referred to the Office of the Information Commissioner to see if they can obtain an English translation.

I can't remember if it's the DPA or annotehr act but the law gives you a right to see a copy of the CCA (you have to send a £1 fee).

It is the Consumer Credit Act 1974, section 77 or section 78 for credit cards, overdrafts and the like. Section 79 deals with consumer hire agreements and, therefore, hire purchase agreements.

Culex

Hannah_10 wrote: »

Why has that splatted out? What's going on with that? I've never had a link do that before.

www . all - about - debt . co . uk

The site is mostly incomplete - only the blog section seems to function.

valeriedixon

Culex wrote: »

Perhaps they wished to draw a distinction between what they do and impartial data sharing?

I agree - it does look like flim-flam and it should certainly be referred to the Office of the Information Commissioner to see if they can obtain an English translation.


It is the Consumer Credit Act 1974, section 77 or section 78 for credit cards, overdrafts and the like. Section 79 deals with consumer hire agreements and, therefore, hire purchase agreements.

Hi
Thanks for the links. What would be meant by impartial sharing. If the agreement was 1994 would the laws regarding data sharing have been different then to now?

Thanks

Culex

valeriedixon wrote: »

What would be meant by impartial sharing.

Forgive me - that was just my rather dry sense of drollery.

If the agreement was 1994 would the laws regarding data sharing have been different then to now?

The laws would have been the Data Protection Act 1984 and the Access to Personal Files Act 1987 but I do not believe there would have been any significant differences.

valeriedixon

Culex wrote: »

Forgive me - that was just my rather dry sense of drollery.

.

Doh..............a bit of a blonde moment for me then!!!!