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Kim

FAO People in debt.

51 posts in this topic

How much by?

What actions are you taking to get yourself out of debt?

And how depressing isit to have no money a day after payday. :(

Im around 2 and half grand in debt now, which is easily managable but at the same time i get paid a sh*t wage

and half my wages go on fuel so its like com'on, gimmie a f*ck*ng break...

need a part time job just for my debts.....

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Come close wont lie, i have no emotional feelings towards men anymore so to have sex with one is nothing really, i just dont want it broadcasted around and i suppose the one time is a gateway to more so narrrrrr...

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Sell that p*ssy

she is hence why she using all her wages on petty and it's only part time....nobody wants it!!

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If you have defaults I can tell/advise you how to get these removed

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so what are defaults?

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send man some details about the p*ssy and we can work out a payment plan

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I have had 2 defauls removed using this method

1, is to write to the compnay and ask for copies of your original credit agreemen signed and dated. I f they do not have oit then default is void

2, ask for a signed and date dcopy of the default, again if they cannot supply this with you it is void and you can sks for it to be removed

Templates letters are here - http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

Note that mobile phone companies do not come under the consumer credit agreement, so to get a mobile phone defualt removed you would need to start quoting a lot from the data protection act.

The data protection act states your data can be stopped being processed and removed from your credit file for anyone to look at, if the account/contract is terminated. So you can write to them and ask them to stop porcessing and to remove this entry from your credit file as the account is terminated and you only gave them permission to process the data whilst the contract was in place.

Many companies dont even send you default notice so thats why so many get removed as they cant prove it in courts.

Also when companies say "its a legal right" to keep a default or anything adverse on your credit file for 6 years, its a lie. There no law.

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Bit of a long read, but this is what I use when companies try saying about its legal to keep defaults for 6 years.

May I also advise you of my findings regarding this so called legal right to place a an adverse entry on my credit file for up to six years

I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a “legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is

“standard industry practice” but they added that they are “allowed to by Law”. After further challenges, they finally admitted that unless this was a county court issue, their term actually referred to contractual Law, but continued to emphasise that it was “standard industry practice to record default entries for six years.”

May I respectfully presume that you likewise recognise that “standard industry practice” does not correlate with “legal right”?

Further investigation has also led me to conclude that the only six-year data ‘retention rule’, to which they may adhere to, is in relation to information in the public domain, e.g. Bankruptcy Orders/Discharges, IVAs, CCJs, etc. These are kept in the public domain for six years.

But, these are sealed orders issued by a judge through the Courts who oversee the ultimate jurisdiction in all matters relating to Law, be it the criminal code or the Common Law. It is not up to Credit Reference Agencies, or lenders, to decide legal issues.

In addition, the agencies may also hold information that is deemed ‘in the public interest’ for the avoidance of credit fraud or deliberate repayment avoidance; I refer, of course, to CIFAS and GAIN entries on a credit file. My former account was not subject to any such marker, nor is my former civil contract with 3G Mobile a public matter.

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. 3G Mobile) to collate, process or distribute any other information unless there is express written permission from the data subject.

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure:

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(B) that damage or distress is or would be unwarranted.

However, there are some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below:

10. - (2) Subsection (1) does not apply-

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met,

or

(b)in such other cases as may be prescribed by the Secretary of State by order.

To paragraph (B), I can only presume that you or 3G Mobile has not applied to HM Secretary of State for an order allowing you or 3G Mobile an exclusion, which leaves you or 3G Mobile with the only remaining possibility of requesting an exemption under paragraph (a).

So, we must turn to the exemptions permitted in paragraph (a) to find where 3G Mobile’s Data Controller may invoke his perceived exemption to the Data Protection Act, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below:

“1. The data subject has given his consent to the processing.

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

(B) for the taking of steps at the request of the data subject with a view to entering into a contract.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.”

It is my contention that 3G Mobiles supposed right of obtaining an exemption is not contained within any of these paragraphs. I have followed each in turn with my notation to give a clearer explanation, should there be any lack of clarity.

1. The data subject has given his consent to the processing.

That consent was terminated upon the cessation of the contract and, as stated earlier, I reiterate the revocation herein, and by Statutory Notice sent to you on 06/10/2010.

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

(B) for the taking of steps at the request of the data subject with a view to entering into a contract.

For (a), there is no contract being performed, and for (B), 3G Mobile and I are not entering into any form of contract, and certainly not at my request.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

According to the Information Commissioners Office (I.C.O.), exemption 3 includes all other statutory obligations for which the interests of national security and welfare override personal privacy.

These obligations allow for the provision of data to Official agencies and organisations, e.g. disclosure to crime prevention agencies (Police, Intelligence Services, etc), official Government agencies (DVLA, DSS, Passport Agency, etc.) and health authorities, etc., and for any other purpose not agreed within a civil contract.

We all know that the three major credit reference agencies are not Government bodies, nor official agencies, but for-profit companies, even though they like to think they are official. None of these three agencies are listed in the appropriate Data Protection Act Schedule that names the specific organisations that are permitted any such exemption rights.

4. The processing is necessary in order to protect the vital interests of the data subject.”

With reference to the I.C.O. again, this is interpreted as anything that affects the data subject as a matter of life and death. This clause is included in the Data Protection Act to permit data, like medical records or contact details, being disclosed in emergency situations. I do not believe that my former account details could be described as anything like a matter of life or death.

So, it is clear to see that there is neither statutory provision permitting 3G Mobile’s Data Controller to assume continued processing rights of my data at his discretion, nor any exemption. I can then only assume that 3G Mobile is relying on the Common Law, and contractual law, as determined by the contract that both parties originally agreed.

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i was in debt, its only depressing if you let it be, if you know what i mean positive thinkin n all that, some ppl are bags n bags in debt f*ck that

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so what are defaults?

it appears on your credit file when u fail or are unable to make payments on credit products you have, loan, mortgage, credit card, fone contracts etc

i think it happens when u dont pay for like 6 or 3 months straight

im not sure

and it hampers ur chances of getting credit anywhere else

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f*ck debt im gonna work throughout uni so i dont have to get a loan.

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f*ck debt im gonna work throughout uni so i dont have to get a loan.

skeeeeeeeeeeeeeeeeen

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i'll be in £24,000 of debt or something by the time uni ends

lulz @ thinking i'm paying that back

leave the country for 3 years and they just cross you off their list

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f*ck doing all that, aslong as bailifs dont come round im happy....

it is depressing though, owing ur money out every month...just annoying

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few years ago when they were handing out credit cards like its nothing i got myself into a bit of debt, it used to get to me until i started seeing debt programmes on tv and people were in debt to like 20k, 25k, 30k, ridiculous amounts, made me feel much better and i dealt with it. Now days i just got couple credit cards, use them now and then and usually pay the amount i spent at the end of the month.

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Mr Gayle just explained the hustle of a lot of guys I know. In relation to that 3 years rule, would I have to be consistently out of the UK for 3 yrs? So no holidays?

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Mr Gayle just explained the hustle of a lot of guys I know. In relation to that 3 years rule, would I have to be consistently out of the UK for 3 yrs? So no holidays?

Aren't you the same dude that wants to be a banker? Don't even contemplate foolery of the sort Gayle is talking about.

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Just try and keep it in perspective, theres some out there with 50, 60k debt, 2k is do-able. Keep paying it off however you can and make sure you actually learn from this cah oweing money/debt aint no joke, neighbour killed himself over it and now debts transferred to his fam, pissed :!:

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Young people of today need to learn to be less frivolous anyway. The economy's f*cked, this needs to sink in sooner rather than later.

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Lol Yilmaz I'm not involved in that, I was talkin about the student loan

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Lol Yilmaz I'm not involved in that, I was talkin about the student loan

Clear your debt in the proper manner. When/if you earn the right salary, pay it off. You can't beat the system unless you join the system. Memba mi tell yu

There's a reason why the richest people in this country are establishment figures...they played by the rules, until they made the rules.

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