Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    noah271007
    Sutton's default removal letters
    • #1
    • 7th May 09, 6:51 PM
    Sutton's default removal letters 7th May 09 at 6:51 PM
    Hello everyone!

    I am starting this thread to help Sutton to get defaults removed from his credit files. So I appreciate if anyone can input some suggestions to give Sutton his best chance of removing those dreaded defaults. I would ALSO encourage anyone reading this to start their own process if they have tried and failed to remove default(s) from their credit files.

    NID very kindly gave me the letters to start off the process.

    The process starts as follows:

    1.CCA Request

    2. Non Compliance

    3. Dispute letter

    4. Section 10 - Cease and Desist from processing data.
Page 63
    • facingthefuture
    • By facingthefuture 24th Sep 09, 11:28 PM
    • 916 Posts
    • 543 Thanks
    facingthefuture
    I am so impressed with this thread. What total geniuses!
  • never-in-doubt
    I am so impressed with this thread. What total geniuses!
    Originally posted by facingthefuture
    This is even better Unenforceability & Template Letters
    Last edited by never-in-doubt; 25-09-2009 at 12:52 AM.
  • never-in-doubt
    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.
    Originally posted by nov70
    They are talking rubbish mate, let me find the letter I done and i'll sort you another to send proving they do not know what they are on about!

    Hows this for size " OI, Mr nov70, you owe me 5k, pay me now or i'll default you" - you refuse so I default you. You then ask me to prove it and cos I have written proof here (in text on my pc) it means the court will award in my favour right?

    Noooooooooo

    They still need to provide a copy, muppets that they are! Bottom line is that you can issue CPR 31.16 (demand for disclosure) after which if they cannot provide a copy the judge will enforce removal of default.... it depends how far you want to take it but to get that letter means you're in the driving seat cos now you know they aint got a default notice (bingo!)!

    Issuance of a CCA and/or Default notice is tightly regulated and they have to follow the law or they risk losing not only any balance owing but also the right to add data to CRA's - especially with no bloomin default notice! DOH - daft aktiv capital!
  • never-in-doubt
    Reply for nov70
    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.
    Originally posted by nov70
    Right matey - they really do not have a clue (muppets!)..... Have a go at this........

    Schedule 2 (6) 1 is as follows:


    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.
    So, in a nutshell they are trying to say that the only clause left to hide behind is an open case scenario whereby the condition to process data fairly cannot be determined. In laymans terms, they are up the creek without a paddle and this is easy to fight, being clever using their own version of this act against them using something similar to:
    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.
    Last edited by never-in-doubt; 25-09-2009 at 12:51 AM.
  • never-in-doubt
    Thread to Amalgamate


    This thread has run its course and exceeded the suggested 1,000 posts. Can any updates please go on the link below; which is the most relevent thread and also contains the same letter templates and users from this thread.

    Click here to access the new thread...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,688Posts Today

8,070Users online

Martin's Twitter