Sutton's default removal letters

facingthefuture wrote: »

:beer:I am so impressed with this thread. What total geniuses!:beer:

nov70 wrote: »

Hi nid sent the letter you did me to aktiv kapital today received this letter

We have noted your comments in your recent correspondence and in respect of your specific requests, we will not remove the default notice, which we are satisfied is compliant with our responsibilities we will also continue to process your details in accordance with our obligation under the Data Protection Act 1998 schedule 2 6 (1) and the technical guidance, this matter is now closed.

SCHEDULE 2

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

6 (1) 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 by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

Dear Sirs,

Ref: XXXXXXXX

I write with reference to your recent letter, yet again the content noted for my records and subsequently dismissed.

You state that you are continuing to process my data under DPA1998 (Sch.2 s.4(3) ss.6(1)) which as you already know, includes provisional exclusion for compliance except in such cases whereby 'the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject'. The continual processing of my data is prejudice to my rights because you have no lawful agreement in which to process any data of mine. If you did, you'd have complied with my CCA1974 (s.77-s.79) request.

Similarly, the 'legitimate interests of the data subject' is at risk because you're posting libellous data about me with a third party, despite being warned about this several times to date. For the avoidance of doubt, the first Schedule of the same DPA1998, that you clearly lack any knowledge of, states 'The data subject has given his consent to the processing'.

I have asked on numerous ocassions for a copy of my consent; you have not complied and therefore you're actually in breach of the same act you're trying to hide behind.

Let me warn you, this matter is far from closed and I respectfully suggest you seek legal guidance because this matter will be resolved in court if necessary. My letters, your responses and the acts in question will be used against you in any litigation I may decide to puruse.

For the last time, I formally request immediate cessation of any data processing involving my details until you can prove my consent by way of an original copy of any agreement and provide copies of all legal notices (Notice of Assignment & Default Notice), which is my right under s.10 of the Data Protection Act 1998;

"Under section 10 of the Data Protection Act, you are hereby advised to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies"

Unless you act in accordance within the law, you will leave me no alternative but to seek legal clarification and enforcement of disclosure by way of CPR31.16.

I look forward to your response.