Bank passing info to DCA's

[ncf355]

Hi,

some time ago I sent a CCA request to my bank for the original overdraft agreement

They did not question the request, merely stated they did not have it as the account was opened so long ago

I left the account due to bank charges and they have been chasing for sometime on the full balance but in most cases I just ignore and have even invited them to take court action, which they have failed to do

They have involved numerous DCA's, all of which have sent me many forests worth of letters with the usual threats of "you have 7 days to pay or we MAY start legal action" in various cycles of the same rubbish, over and over

My question surrounds the legality of the bank passing my details to the DCA's when they have admitted they have no agreement?

Can I actually take action against the bank, forcing them to stop passing my details from DCA to DCA?




Thanks all

[Angry Cat]

Re: Bank passing info to DCA's

Unfortunately, even though they do not have a copy of the original agreement, the alleged debt still exists.

Presumably, they have not provided to you the inception terms and conditions either?

Information re: the account can only be processed for six years;
six years from the date of the first default.

At the end of the day, the only way this matter can be resolved is for you to log a complaint with the ICO. However, prior to doing this you need to study the ICO technical guidance about the registering defaults with the CRA's

[debtisbad]

Re: Bank passing info to DCA's

This is similar to my own case, a credit card from ScabbyAbbey, sent to a DCA, Lowells, some real downmarket scumbags.

I asked for a CCA and like you, there were no records. I told Lowells,' no CCA, no liabilty". They closed the account and wrote off 10 thousand quid!

Since then, banks are allowed to reconstitute CCAs but I note your bank did not do so.

Keep that letter where they say they don't have a CCA.

Put the account in disputer, dpn't deal with any DCAs. Use the prior dispute with OC templ letter.

Case solved.

[FCC]

Re: Bank passing info to DCA's

Information re: the account can only be processed for six years;
six years from the date of the first default.

I have seen this statement before but, being an old git, I must admit I do not understand it. Can you explain?

[ncf355]

Re: Bank passing info to DCA's

This is similar to my own case, a credit card from ScabbyAbbey, sent to a DCA, Lowells, some real downmarket scumbags.

I asked for a CCA and like you, there were no records. I told Lowells,' no CCA, no liabilty". They closed the account and wrote off 10 thousand quid!

Since then, banks are allowed to reconstitute CCAs but I note your bank did not do so.

Keep that letter where they say they don't have a CCA.

Put the account in disputer, dpn't deal with any DCAs. Use the prior dispute with OC templ letter.

Case solved.

I've used similar tactics to this myself (with similar great results I might add!)

Like you say, the recent rulings re reconstituted agreements seem to have made them think they can get away with anything

Time for a few short, sharp shocks methinks!



Just had soem success with another bank that already made a tomling re a court case some 3 years ago that resulted in £0 and an agreement not to pass data - 2 months ago a DCA sent a letter saying theyd been sold the account

so I -

1) Told the DCA to Foxtrot Oscar

2) Issued a claim against Mr Bank citing the tonlin agreement and claiming general damages


Result -

A fair few £ and a written apology from Mr Bank!

[Angry Cat]

Re: Bank passing info to DCA's

Information re: the account can only be processed for six years;
six years from the date of the first default.

I have seen this statement before but, being an old git, I must admit I do not understand it. Can you explain?

Under The Data Protection Act 1998, information about a default held by the CRA's can only be processed for six years, form the date of the first default registered.

If, the information is processed for longer than the specified time (six years) that would be a breach of Act, as the information being processed would be considered excessive.

[The Debt Star]

Re: Bank passing info to DCA's

yes and creditors then sometimes change account numbers so that it stays on for a furtrher 6 years

[Angry Cat]

Re: Bank passing info to DCA's

yes and creditors then sometimes change account numbers so that it stays on for a furtrher 6 years

Account numbers are often changed at charge off. The change of account number has no relevance, in relation to information that is processed under the DPA!

[FCC]

Re: Bank passing info to DCA's

Thanks for that, regards