Easy way to original agreement?

[HarryFromBarry]

Re: Easy way to original agreement?

as you can see in schedule 1 & 2 they will meet the criteria to share data thus s.10 ( Data Protection Act 1998 | s.10 ) is your fighting point as they did not have a right to process it based on X reason (which causes you distress)....

Like I said Schedule 2 certainly does not apply if they do not have a contract. There is no 1 (consent) or 2 (contract performance) or 6 (legitimate interests).

[HarryFromBarry]

Re: Easy way to original agreement?

sorry, please clarify - you are saying there is an entry made against you but you categorically do not have an account with them, nor are they an assignee? ie the dca of a bank you did have an account with....>

If so then your argument changes wholeheartedly.....

Yes or that I do not recall any such account. Especially if it has been assigned to a scavenger and I have no hope of knowing what it is or was originally.

So go DPA route and say "what are you doing saying this about me?"

Like I said another tool in the toobox, not meant to replace s77-79 requests but might be more appropriate in certain circumstances and certainly a lot quicker.

[Never-In-Doubt]

Re: Easy way to original agreement?

Yes or that I do not recall any such account. Especially if it has been assigned to a scavenger and I have no hope of knowing what it is or was originally.

So go DPA route and say "what are you doing saying this about me?"

Like I said another tool in the toobox, not meant to replace s77-79 requests but might be more appropriate in certain circumstances and certainly a lot quicker.

Ok, so there is an entry that you do not recall, I presume then it's from a DCA? You cannot go to the ICO with any formal complaint without first asking the data processor in this case, the CRA's - so have you first written to the CRA's and then have you followed this up with a letter to the actual organisation that added the entry? If so then fine try the ICO.

I suspect you'll still lose this unless the DCA lawfully has no right to search for you, if it is from an old debt then you'll find that the permission to share data was assigned with the actual debt itself, which is what I think has happened thus I am trying to save you a vicious circle of events that will end up here anyway.

been there, read the book and got the scars. I am the victim of ID theft and had 30+ defaults against me, 5 years later and 2 out of court settlements along with a few hundred from the FOS I now have 4 defaults left, none are mine.

Each time I get them wiped, they come back when the original debt is re-sold. I am sick of it. Nothing I can do and I am 5 years in..... so you're talking so someone that has been there.

as a result of this, I started AAD, ie the forum you're now posting on

The system is shyte

[HarryFromBarry]

Re: Easy way to original agreement?

It is indeed a "shyte" system. This is a hypothetical case - I don't have anything to pursue in this sense. But I've wondered about it a while, saw this forum when looking for something else*, and people seem clued up so thought I'd chuck it in.

Fully understand the assignment of rights and DCA ability to report to CRA if genuine, but if no agreement, no-one has a right. So the data controller is the CRA and you couldn't go straight for the DCA/lender/whoever is reporting it? Might be quicker if someone had a few.

I'm amazed. I'd have thought in your case you could go straight for inaccurate information (s.14 again) and then if they passed it on, straight back at them for unlawful disclosure and s.13 damages (i.e. costs of fighting the next one). You'd probably just get sick of it quicker though.

* passing interest in National Hunter, which has now passed

[Never-In-Doubt]

Re: Easy way to original agreement?

It is indeed a "shyte" system. This is a hypothetical case - I don't have anything to pursue in this sense. But I've wondered about it a while, saw this forum when looking for something else*, and people seem clued up so thought I'd chuck it in.

Fully understand the assignment of rights and DCA ability to report to CRA if genuine, but if no agreement, no-one has a right. So the data controller is the CRA and you couldn't go straight for the DCA/lender/whoever is reporting it? Might be quicker if someone had a few.

I'm amazed. I'd have thought in your case you could go straight for inaccurate information (s.14 again) and then if they passed it on, straight back at them for unlawful disclosure and s.13 damages (i.e. costs of fighting the next one). You'd probably just get sick of it quicker though.

* passing interest in National Hunter, which has now passed

Well funny you should mention that. This falls under libel and the cost to demand removal was outweighing the cost of having it on my file. I have went round the system 4 times now and to be honest, based on the remaining 4 being 5.7 years old, it doesn't bother me now cos they'll be gone forever shortly. I am worried that if I pursue them now, they will become active again so after the 6yr default drop-off date I will then consider legal action based on my being refused credit for the past 6years.

But sadly, I generally get accepted for things I apply for. I wish I wasn't but I was so no real harm has come to me, typical eh?

As for your point, I agree with you totally but from experience and knowledge of the system it is flawed from outset as they will always have an agreement or account to fall back on which cancels the argument of 'no authority'. The fact you spent on an account is that exact authority, regardless of whether a signed application exists.

Sickening really, unless you're a bank/dca/scumbag in which the system is weighted heavily in their favour....

[Never-In-Doubt]

Re: Easy way to original agreement?

* passing interest in National Hunter, which has now passed

See this ---> Fraud Prevention - allaboutFORUMS