Spector UE Diary

[Spector]

Re: Spector UE Diary

Thank you Nanna58

[Never-In-Doubt]

Re: Spector UE Diary

Well it's enforceable. They've supplied all the correct docs.

You're probably best blagging it and saving for a year or two before making an offer to settle

[Spector]

Re: Spector UE Diary

Thank you Niddy.

That is a huge blow.

By blagging it, I guess you mean cease payments and avoid contact?

I'm not sure I can cope with the stress of that but then again it looks like there are no stress free options.

[Spector]

Re: Spector UE Diary

Also, I am struggling to find the Default Notice. I don't throw papers away so I must have it but it could be buried in papers we have stored elsewhere with other family stuff.

At the moment this account does not appear on my credit file because the default was registered in 2004.

If it wasn't served or worded correctly does that just mean that they would issue another (correct) one and register it again - meaning that the account would reappear on credit reference agency files for another 6 years?

[Joanna Connolly]

Re: Spector UE Diary

No they wouldn't be able to re-register it at the CRA - you can only be defaulted once on the same debt (mind you I have known some debt purchasers try) but in your case they wouldn't get away with because Niddy would see them off for you!

[Spector]

Re: Spector UE Diary

Thank you Joanna.

I'll keep searching for the DN but it may take some considerable time to unearth it.

I'm also waiting for the paperwork from my SAR request. Not sure if they will include a copy of the Default Notice in the package?

[Never-In-Doubt]

Re: Spector UE Diary

I'd seriously stop worrying and just go quiet now - if they make threats and start barking then let us know but avoid contact.

If necessary and to avoid hassle you can continue paying the £7 payments and live relatively stress free. However, we've seen (lots of times) similar on here where you pay the payment for years and then the DCA sells the account and before long the new DCA issues a claim - so really they've shafted you. That's why we suggest cessation of payments and save the funds to go towards any offer IF a claim is ever issued at a later date.

[Joanna Connolly]

Re: Spector UE Diary

Thank you Joanna.

I'll keep searching for the DN but it may take some considerable time to unearth it.

I'm also waiting for the paperwork from my SAR request. Not sure if they will include a copy of the Default Notice in the package?

They should if they have it.

[Spector]

Re: Spector UE Diary

Ok Niddy, thank you for your advice.

I will need to think about it a bit more.

[Never-In-Doubt]

Re: Spector UE Diary

I will need to think about it a bit more.

Take a few years - that's what I'd do.....

[Spector]

Re: Spector UE Diary

Thank you Joanna.

We'll wait and see but they have already tried to tell me that my credit agreement (which I have anyway now) is not considered personal data for the purposes of the Data Protection Act.

[Joanna Connolly]

Re: Spector UE Diary

Thank you Joanna.

We'll wait and see but they have already tried to tell me that my credit agreement (which I have anyway now) is not considered personal data for the purposes of the Data Protection Act.

Nice try!

[Never-In-Doubt]

Re: Spector UE Diary

S.78 data is (allegedly) exempt from DPA s.7 usually as its technically not personal data - it's account data (even the application - really?).

I had that confirmed from THE ombudsman (that woman who's independent allegedly)...

Do I buy it! As Jo says....

Ho hum

[Spector]

Re: Spector UE Diary

That's interesting.

A guy from the RBS SAR Team phoned me. He seemed to be trying to get me to limit my request. He told me then that they didn't have to provide the credit agreement but said he would send it if it was available. I didn't tell hims that I had done the S.78 request. I thought it might be interesting if he sent me something different.

I maintained that I wanted to him to send everything they had. He didn't mention the DN and I didn't think to ask specifically about it.

[Never-In-Doubt]

Re: Spector UE Diary

It could be argued a copy of the CCA is the banks data and not necessarily yours but still the provision to request a CCA falls under s.77-79 CCA. s.7 DPA relates to any personal data held about you (the data subject) but it does allow exemption for sensitive data / bank data hence they hide behind that.

We just suggest you do a SAR & a CCA - total = £11. At least then you get everything pretty much.

A DN should come in a SAR as it is a specific account function which generates contact (letter) hence it should be in there.