Dreaming:

Oh my, that's pretty bad then.

I would have thought that without proof of consent it would be inevitable that they would be able to leave the data on the file... but what I ''think'' is hardly the issue, lol.

Are there any cases where people have managed to repair their credit after all this?

Not that it changes anything, but I am not a bad person trying to avoid things, I was in a relationship where my partner at the time was dealing with bills, cards, debts, and without my knowing for too long, he was skipping payments, taking out more debts, to fund a growing gambling issue. For the last 6 months after the relationship ended I burried my head in the sand, and now I'm dealing with it head on, and now feel like I'm going head on into a brick wall.

Thank you for your reply, and I will read up on the links!

It's not just 'pretty bad', it's a disgrace!

I have a case going through court at the moment which is on adjournment awaiting the Manchester cases.

My situation (and it is the same with 3 creditors) is that there is absolutely no agreement, not just an unenforceable agreement, but NO paperwork that even approaches being an agreement. One has sent nothing.

All have agreed not to pursue the debt, but two have subsequently issued default notices.

I have (obviously) written to both these explaining they are in default of the DPA and threatening legal action. It is interesting to note that the CRA files for all three do not show the defaults, but do record a marker of 'no current information' or 'query'.

One of these two has a default judgement against them and their application for a set aside has been adjourned.

It will be interesting when the case is reconvened if the judge will rule on the removal of damaging information on my credit files. Both defendant and the judge discussed the merits of the case for this before the judge adjourned.

I think the defendant wants to use McGuffick as his case for permission to process, but I believe the McGuffick case doesn't apply (an otherwise enforceable agreement only unenforceable during non s77 compliance). Even HJ Langden didn't think it was a good 'test' case for that reason.

Now what is apparent is that I cannot get credit and in some cases my credit has been restricted (but not all) despite no defaults shown on my file. It is my conclusion that there has to be a 'blacklist' of debtors whom the creditors dare not record defaults against but wish to 'punish'.

Hopefully one of the test cases will rule on defaults of unenforceable or non existent agreements.

Oh my, that's pretty bad then.

I would have thought that without proof of consent it would be inevitable that they would be able to leave the data on the file... but what I ''think'' is hardly the issue, lol.

Are there any cases where people have managed to repair their credit after all this?

Not that it changes anything, but I am not a bad person trying to avoid things, I was in a relationship where my partner at the time was dealing with bills, cards, debts, and without my knowing for too long, he was skipping payments, taking out more debts, to fund a growing gambling issue. For the last 6 months after the relationship ended I burried my head in the sand, and now I'm dealing with it head on, and now feel like I'm going head on into a brick wall.

Thank you for your reply, and I will read up on the links!

Hi

There are a number of posts on this site where this has happened. There are also five test cases that will start in the Manchester courts at the end of the month, which may clarify the position.

Basically you are in a farcical situation where the creditors can argue that they obtained your consent to process your data and notify the credit reference agencies of defaults when you entered into the credit agreement. You then say in reply, you haven't got my agreement with my signature showing consent. I don't think the ICO would want to get involved with a complaint under data protection and without the original agreeement your creditor is not going to court. Therefore by what method are you going to get your credit record amended. The creditors if they did not provide a copy of your agreement, are unlikely to want to cooperate now and the credit reference agencies won't do anything. You could decide to write again for copies of your agreement, perhaps with a subject access request under data protection. Then once you have all the paperwork, you could take legal advice about taking your creditors to court.

The following thread 'making a claim' is worth a read.

http://www.moneysupermarket.com/community/forums/t/making-a-claim-36401.aspx

As is the Mcguffick v RBS case which I think covers some of these issues.

http://www.judiciary.gov.uk/docs/judgments_guidance/mcguffick-v-rbs.pdf

This is a difficult position to be in. Another issue to be aware of is, that apparently even if they removed the defaults, the creditors would place markers on your file, which basically mean, do not touch with a barge pole.

Huckster

Hi all,

I'm new here and looking for some advice.... After having obtained a copy of my credit reference files from all 3 agancies, I have noticed that I have defaults registered against me from companies who I wrote to in December 2007 asking for a sopy of my credit agreement, and paid the £1 statutory fee. All companies replied. Those who sent me a signed credit agreement, I have paid off either in full, or at an agreed settlement figure, and these debts are accurately recorded on my file. However there are a few who never replied and do not have my siganture, who have also recorded these defaults. My question is, how would I go about getting them to remove these? And is it possible? My thought is that it is against the data protection act, but I'm looking for some guidence before I go in all guns a blazing!

Thank you in advance!