The SECTION 10 NOTICE

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The SECTION 10 NOTICE

Postby letissier14 » Tue Mar 25, 2014 4:56 pm

The getoutofdebtfree simple guide to the SECTION 10 NOTICE

Why do we need to use a SECTION 10 NOTICE?

When you take out a credit agreement, loan, credit card or mortgage etc, there is normally a clause in the agreement that states that you give the company in question permission to store, process and share your personal data for the life time of the agreement and sometimes longer.

So if things go wrong and you end up not being able to meet your financial commitments, the company in question will often default your account, take you to court or sell the debt on to a DCA.

Often though, the OC or DCA, can't provide THE SIGNED CREDIT AGREEMENT and no agreement normally means they can't prove that they are allowed to process your personal data. Even when agreements are available, the clause that allows them to process your data or sell your account on is often missing from the agreement. This is why it is so important to check your credit agreements.

If any of the above applies to you, then you should send the SECTION 10 NOTICE to whoever is chasing you for money!

Some questions and answers

Q. What is a SECTION 10 NOTICE
A. It is a NOTICE that you can send to any data controller of a company that processes your personal data, The NOTICE is a request for them to stop and/or delete processing your personal data.

Q. How do I write the SECTION 10 NOTICE
A. There is a template at the end of this post which you can use. Remember it is only a template and you should edit it as to your requirements. Remember to add the account details and any reference numbers etc to the notice.

Q. Once I have sent them the SECTION 10 NOTICE, what happens next?
A. The company in question have 21 calendar days to respond to your request. They will inform you that they will either stop processing your data or continue to process it. If they intend to continue to process your data, they must give you the reasons why and also provide evidence to back up their claim of right to process your data.

Q. Do I have to give reasons to why the data controller should stop processing my personal data
A. Yes - it is very important to give the reasons as to why they should stop processing your data. The more detailed information you give, the more they will have to take your request seriously - See notes by Baltic and Faljay at the end of this post

Q. They OC/DCA have replied and have agreed to stop processing my data. What happens now?
A. If this is the case, then the OC/DCA should remove any negative remarks from your credit file and close any accounts that you have with them.

Q. The OC/DCA have replied and said they will not stop processing my personal data as they have an obligation to do so.
A. If the OC/DCA have refused to stop processing your personal data, they should have given you the reasons why and also provided evidence that proves that they are allowed to process your data. (you have asked for proof in your letter). If they have provided proof and it clearly shows that they are allowed to to process your data, then they have fulfilled their obligation to your SECTION 10 NOTICE. If they have failed to provide evidence that they can process your data, then you should report them to the ICO and also consider taking legal action against the OC/DCA to stop them processing your data.

Q. The OC/DCA has failed to respond to my SECTION 10 NOTICE
A. If they have failed to reply with 21 days, we suggest that you send them a reminder and give them another 21 days to respond. If they still fail to reply after your reminder, it is time to report them to the ICO

Q. I have reported the OC/DCA to the ICO and they wont take any action.
A. You still have the right to take the OC/DCA to court, to stop them processing your personal data.

Section 55 of the Data Protection Act (DPA) states that it is generally unlawful for a person to "knowingly or recklessly without the consent of the data controller obtain or disclose personal data or the information contained in personal data, or procure the disclosure to another person of the information contained in personal data" without the consent of those who control the data.

The current penalty for committing a section 55 offence is a maximum £5,000 fine if the case is heard in a Magistrates Court and an unlimited fine for cases tried in a Crown Court.

Under the Criminal Justice and Immigration Act (CJIA) the Justice Secretary has the power to introduce new regulations that would allow a custodial sentence penalty to be available for the offences under Section 55 of the DPA, but those powers have yet to be used. In 2008 the Act came into force without those powers being immediately available.

Q. How do I report the OC/DCA to the ICO.
a. You can either do it in writing or via email. Before you report to the ICO, you must have had a final response from the OC/DCA regarding this issue.

The ICO - Information Commissioner's Office details are:
Telephone: 0303 123 1113 or 01625 545 745 .... Fax: 01625 524 510
Address: Wycliffe House, Water Lane, Wilmslow. Cheshire, SK9 5AF
Via their website: http://ico.org.uk/complaints/handling

Q. What should I put in my complaint to the ICO.
A. You should send copies of all your correspondence between you and the OC/DCA, including copies of proof of delivery & proof of delivery, if available.

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If a DCA is chasing you for a debt and they have no paperwork, then they have no right to process your data

You MUST send them a SECTION 10 NOTICE to stop them processing your data. They must reply within 21 days to either confirm they are a) going to stop processing your data or b) carry on processing your data, either way they MUST reply to you.

If they do not reply you can take them to court over this. It is a serious offence for them not to reply

Data Protection Act 1998 - Section 10 - http://www.legislation.gov.uk/ukpga/1998/29/section/10

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So please use this template, but remember It is a template and should be edited to your own personal needs. When requesting the OC/DCA to stop processing your details you should also explain the reasons why

*** Important - Please read the important information supplied by Baltic and Faljay and the bottom of this page! ***


Mr Debt Free

21 Freedom House
Debt Free Street
Debtfreeland
AA1 1AA





18 February 2014

Re: Your Client – Scummy Debt Collections Ltd Reference: 294782762

Dear Mr/Mrs Debt Collector


NOTICE ISSUED PURSUANT TO SECTION 10
OF THE DATA PROTECTION ACT 1998




I write pursuant to my rights granted by Section 10 of the Data Protection Act 1998.

I hereby give you notice that you must, within the time periods prescribed below, permanently cease, processing all personal data of which I am the data subject. If you do not normally handle Data Protection notices for your organisation, please pass this notice to your Data Protection officer or another appropriate official.

THE MEANING OF THIS NOTICE

For the avoidance of doubt this notice requires you to do all of the following:
(1) within 3 days of receipt of this letter to cease or not to begin to:
(a) obtain;
(b) record; or
(c) hold, any personal data of which I am the data subject (“my personal data”); and
(2) with immediate effect to cease or not to begin to carry out any operation or a series of
operations involving my personal data including operations that would amount to the:
(a) organisation, adaption or alteration;
(b) retrieval, consultation or use;
(c) disclosure by transmission, dissemination or otherwise making available; or
(d) alignment or combination, of information or data.

GROUNDS FOR NOTICE


My grounds for giving you this NOTICE are:

(a) the processing of my personal data by you is causing or is likely to cause substantial damage to me and any person residing with me;
(b) the processing of my personal data by you is illegal as you do not have my consent.
(c) the processing of my personal data is illegal as we do not have a contract.
(d) the processing of my personal data is illegal as you have no legal obligation that applies to your organisation.
(e) the processing of my personal data is illegal as it is not necessary for you to protect my vital interests.
(f) in any case the damage and/or distress is unwarranted.

NO EXEMPTION FROM THE PROVISIONS OF SECTION 10 OF THE DATA
PROTECTION ACT 1998


You are not excused compliance with this NOTICE under the provisions of Section 10(2) of the Data Protection Act by virtue of the reasons set out below:

(1) I have not given you my consent to process my personal data.
(2) I am not a party to a contract with you.
(3) You have no legal obligation with which you must comply and which would permit you to process my personal data.
(4) No processing undertaken by you could be undertaken to protect my vital interests.

WHAT YOU MUST DO NEXT

In any event you must within 21 days of receiving this NOTICE give me notice in writing stating:

(1) you have complied with the provisions of this NOTICE in full; or
(2)(a) you have complied with the provisions of this NOTICE in part , stating which parts; and
(2)(b) as to the parts not so complied with, your reasons for not doing so, including evidence that you can substantiate.

WARNING CONSEQUENCES OF FAILURE TO COMPLY WITH THIS NOTICE


Should you fail to comply with the provisions of this notice, I reserve absolutely the right to obtain without further reference to you a county court or High Court order to compel you to comply with this notice together with an order that you pay my associated legal costs in full and for me to make an application for damages associated with your unlawful processing of my personal data

Yours sincerely


Mr Debt Free

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Post by Baltic »

Section 10 notice is a grand idea and another tool in our arsenal, however, if used incorrectly it becomes to a degree a pointless exercise.

Simply sending a section 10 template isn't sufficient to ruffle feathers or gain the expected response. DCA's will and do simply disgard section 10's that are not personalised to the individual. Like everything once something's use becomes an expectation and more commonly the norm, rather than the exception, those in reciept will seek means to dispel their use.

Take a look at this exert from the Data protection Act 1988 (section 10)

Right to prevent processing likely to cause damage or distress.

"(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.
(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 [F1 Secretary of State] by order.
(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—
(a)stating that he has complied or intends to comply with the data subject notice, or
(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.
(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.
(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part."

Pay particular attention to the wording in section 1 sub sections (a) and (b)

If you don't show cause by adapting the S10 template and addressing the issues in subsection a + b in all likelyhood you will glean a "we are lawfully processing your data" response.

I know this response isn't what you want to hear and you should further the response to the ICO if process guidelines are not adhered to but I would strongly suggest a personal addition to the Section 10 request specifically addressing S1 a + b.
Your then forcing the 'data controller' to address and counteract reason specific responses or blatantly fail to address the issues detailed. Either way they respond further strengthens your individual position and provides a much stronger case which in turn should prompt the ICO to take the matter seriously and hopefully expend more investigative effort on a resolve.

The more informative the complaint the more likelyhood it will be addressed seriously.

Just playing devils advocate, it seems to me generic section 10 notices are being fired off without any individuality and more importantly not personally addressing cause, damage and distress.

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Post by Faljay »


I would add to part 1 a and b, that the distress is due to causing a lack of ability to obtain credit due to their wrongful processing of your data, in that it is likely to cause undue stress to your ability to continue to, or obtain, credit. And, as they have failed to provide proof via a Deed of Assignment, that they are not entitled to process your data or act as a data controller, without said proof of ownership of the agreement.
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Re: The SECTION 10 NOTICE

Postby letissier14 » Tue Mar 25, 2014 11:32 pm

People should bookmark this :D
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Re: The SECTION 10 NOTICE

Postby chrism70 » Tue Mar 25, 2014 11:55 pm

Excellent update - excellent work - and bookmarked!
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Re: The SECTION 10 NOTICE

Postby ceylon » Wed Mar 26, 2014 12:45 pm

:D
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Re: The SECTION 10 NOTICE

Postby mareo » Wed Mar 26, 2014 12:52 pm

good stuff :D
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Re: The SECTION 10 NOTICE

Postby freeman1975 » Thu Mar 27, 2014 1:09 pm

Hi All

Letissier! Once again, you have excelled yourself with this gem of a find, and the way the Notice has been drafted.

The notes that Baltic & Faljay have made are extremely important, if the Notice(s) are to have individual success. Well done to all.

Just a quick question, when you send off the Notice, "What name should one use" i.e S of the Family: S, or the Legal Fiction name, as is on ones account?

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Re: The SECTION 10 NOTICE

Postby letissier14 » Thu Mar 27, 2014 1:11 pm

You should use the same style that you have been using on your previous letters :D
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Re: The SECTION 10 NOTICE

Postby Pangloss » Fri Mar 28, 2014 10:11 am

looks good but i need to read and read again to get the jargon, is this only for a dca, or can it go to the OC too?
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Re: The SECTION 10 NOTICE

Postby letissier14 » Fri Mar 28, 2014 12:45 pm

It can be sent to anyone who processes your data who you believe doesn't have permission too!
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Re: The SECTION 10 NOTICE

Postby lambchop » Fri Mar 28, 2014 7:00 pm

Just got a reply from some muppet i sent a section 10 to saying they can process my data has they have bought the debt and it's in the terms and cons of the original agreement, which is strange as their last letter to me said they didn't have the original one :lol: :lol:
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