***urgent advice needed***

[Eagle1977]

I have recently checked my credit file and noticed a default from a well known sub prime credit card provider.

I sent a SAR off to the company and received it earlier this week. Unfortunately, they did not send a copy of the default notice or credit agreement and stated I had to pay a separate £1.00 fee for these.

Anyway, I have read through the activity / communication log and it states that I had informed the credit provider if my new address on 11/09/2012. Although, they state they couldn't confirm my new address because they had no phone number. This is because I didn't have a phone at the time. Any how, I had a default registered against me by this company on 31/05/2013. I at no point ever received a default notice, termination notice or NOA. My guess it went to my old address, because despite me informing them in writing that I had moved, they continued sending correspondence to my previous address.

Now, the problem I have, is my previous address is my parents home. Also, my dad has the same name as me. So, he has been innocently, opening my mail from this company. This has caused him great distress because he has been getting threats from DCA in regards to this debt too.

This is issue has been sorted between my parents and I but, they now know my financial circumstances and it has caused problems between us. I informed the creditor I had moved but they chose to ignore it. Now my personal details have been breached and it has caused unnecessary friction between my parents and I.

it is clearly indicated on their comms log of my new address and I never received any default notice. Surely they have breached the DPA and there is something I can do about this? Please help

Eagle

[bluebottle]

Re: ***urgent advice needed***

You are correct in that the sub-human credit card provider has breached the Data Protection Act 1998. Ring the Information Commissioner's Office first thing tomorrow morning. Their Helpline number is on their website www.ico.gov.uk Please be aware that the Helpline does get busy at times, so be patient and keep trying. The ICO's staff are, generally, very helpful.

As for them trying to engineer an excuse to harass, all I will say is, "Nice try." The default date is the date on which it was originally defaulted. Mention this to the ICO when you speak to them.

When was the last payment made on the account?

[Eagle1977]

Re: ***urgent advice needed***

You are correct in that the sub-human credit card provider has breached the Data Protection Act 1998. Ring the Information Commissioner's Office first thing tomorrow morning. Their Helpline number is on their website www.ico.gov.uk Please be aware that the Helpline does get busy at times, so be patient and keep trying. The ICO's staff are, generally, very helpful.

As for them trying to engineer an excuse to harass, all I will say is, "Nice try." The default date is the date on which it was originally defaulted. Mention this to the ICO when you speak to them.

When was the last payment made on the account?

Thanks for your quick reply,

another entry on their activity log dated 11/11/2009 is that one of their advisors released account information and discussed my account with my dad. Clearly, they did not ask any security questions and assumed my dad was me. As I said he has the same name as me.

Basically, in 2010 I split from my ex wife and moved in with my parents temporarily. I was in financial difficulty at that time so set up a DD with the creditor to pay the minimum monthly amount. Anyway, I just let it run until about 2012 hoping the debt would have been cleared or decreased. In fact it had gone up to over £900.00. So stupidly I just cancelled the DD in around early 2012 I was so angry.

Eagle

[bluebottle]

Re: ***urgent advice needed***

From what you have added, this will need to be reported to the ICO also.

[Eagle1977]

Re: ***urgent advice needed***

From what you have added, this will need to be reported to the ICO also.

I cannot actually say how angry I am. There treatment towards me and my family is disgusting!!

i have been declined a mortgage because of this default. I never received any notification or given any prior notice to remedy the situation, appalling!

thank you for your advice

[Eagle1977]

Re: ***urgent advice needed***

Spoke with the ICO today. They were very helpful. looks like my credit provider has breached the Fourth Principle. I've got to contact the credit provider now. I have one question, the ICO state that creditors NO NOT need to send a 'default notice' before they register a default with the CRA. The advisor states that this is written into the credit agreement wich you would have signed and in your Ts & Cs so a creditor does not need to issue one? Is this true??

Eagle

[bluebottle]

Re: ***urgent advice needed***

Was the agreement subject to the Consumer Credit Act 1974? Check the agreement, if available, and see what the T & Cs say. The fact ICO have confirmed the Fourth Principle of Data Protection has been breached is encouraging, but, at the same time, serious. ICO has the power to fine those who breach data protection legislation up to £500,000.

[Eagle1977]

Re: ***urgent advice needed***

Was the agreement subject to the Consumer Credit Act 1974? Check the agreement, if available, and see what the T & Cs say. The fact ICO have confirmed the Fourth Principle of Data Protection has been breached is encouraging, but, at the same time, serious. ICO has the power to fine those who breach data protection legislation up to £500,000.

Hi bluebottle

it was a credit card account from 09. I'm guessing it was subject to the Consumer Credit Act 1974. I sent off a CCA request and a copy of the default notice yesterday, because the credit provider told me it's not covered by the SAR and I will need to pay the £1.00 statutory fee. I'm sure they have to issue a default notice. I never received one anyway.

Im in the process of reclaiming penalty charges from this company. The debt is currently made up of 76% penalty charges. Hopefully with a successful claim, the credit provider discussing my account with my dad and the possibility of them breaching the fourth principle I may be in a position to have the default removed with some careful negotiation.

what do you think??

Eagle

[bluebottle]

Re: ***urgent advice needed***

Sub-prime lenders are known for loading accounts with excessive, unfair and/or unlawful charges in order to engineer defaults. One thing you will have to watch is if the one you are having problems with attempts to offset the outstanding balance of the alleged debt with what they owe you. Check the charges to see if any others can be reclaimed.

The data protection issues are separate from the sub-prime lender issues so keep them separate for now. If it turns out the lender had no grounds for registering a default with a CRA, they would have to remove it in any case.

[Eagle1977]

Re: ***urgent advice needed***

Sub-prime lenders are known for loading accounts with excessive, unfair and/or unlawful charges in order to engineer defaults. One thing you will have to watch is if the one you are having problems with attempts to offset the outstanding balance of the alleged debt with what they owe you. Check the charges to see if any others can be reclaimed.

The data protection issues are separate from the sub-prime lender issues so keep them separate for now. If it turns out the lender had no grounds for registering a default with a CRA, they would have to remove it in any case.

This all came about from this dam default!! I understand what you mean by keeping it separate. That makes sense. I guess I'm trying every angle to get it removed.

Another interesting point is to do with the default date. The actual default on my credit file is 31/05/2013. However, in a letter these sub-human creatures sent me it states "we notice your account had a default registered on 21/01/2013" only a few months difference but a mistake none the less. This is why I am eager to have a copy of the original
default notice.

Thanks for your help so far. I really appreciate it.

Eagle

[bluebottle]

Re: ***urgent advice needed***

This all came about from this dam default!! I understand what you mean by keeping it separate. That makes sense. I guess I'm trying every angle to get it removed.

Another interesting point is to do with the default date. The actual default on my credit file is 31/05/2013. However, in a letter these sub-human creatures sent me it states "we notice your account had a default registered on 21/01/2013" only a few months difference but a mistake none the less. This is why I am eager to have a copy of the original
default notice.

Thanks for your help so far. I really appreciate it.

Eagle

Failing to keep accurate records is another stick to beat them with (Cruel, aren't I? :grin. If you haven't already done so, request an up-to-date Statement of Account showing all transactions on the account since the account was opened. These can be very revealing and, as stated in my previous post, if the statement reveals excessive, unfair and/or unlawful fees in addition to the penalty charges you are reclaiming, the alleged debt may be reduced even further. As the saying goes, "Nothing ventured, nothing gained."

[Eagle1977]

Re: ***urgent advice needed***

Hi,

I just have another query regarding this debt. Ok the debt obviously was originally with the original creditor, it was then passed to Lewis Debt Recovery, then to Mackenzie Hall and finally Cabot Financial.

with regards to the default, it was my understanding that when the debt was purchased by a debt purchaser, the debt should show as satisfied and closed with the OC. Then the default mapped over to the Debt Purchaser indicating the original default date etc etc.

On my credit file there is no reference made to the debt ever belonging to the OC. It just shows credit card by Cabot. Also, if Cabot purchased the debt from Mackenzie Hall should they have sent me a NOA?

Thanks Eagle

[bluebottle]

Re: ***urgent advice needed***

Hi,

I just have another query regarding this debt. Ok the debt obviously was originally with the original creditor, it was then passed to Lewis Debt Recovery, then to Mackenzie Hall and finally Cabot Financial.

with regards to the default, it was my understanding that when the debt was purchased by a debt purchaser, the debt should show as satisfied and closed with the OC. Then the default mapped over to the Debt Purchaser indicating the original default date etc etc.

On my credit file there is no reference made to the debt ever belonging to the OC. It just shows credit card by Cabot. Also, if Cabot purchased the debt from Mackenzie Hall should they have sent me a NOA?

Thanks Eagle

By the look of things, the OC, Screwis, Mucky Hall and Crapbot have been playing Pass the Parcel with the alleged debt. When a DCA contacts you, they have to be able to prove they have a right to collect (acting as a debt collector) or enforce (acting as a debt purchaser) if asked by an alleged debtor.

In answer to the question about Notice of Assignment, there are two such notices - Absolute, meaning they own the debt outright, and Equitable, meaning they don't. You should have received correspondence from each DCA who has handled the debt.

You need to find out where Crapbot fit in and what right they have to be involved.

[Eagle1977]

Re: ***urgent advice needed***

By the look of things, the OC, Screwis, Mucky Hall and Crapbot have been playing Pass the Parcel with the alleged debt. When a DCA contacts you, they have to be able to prove they have a right to collect (acting as a debt collector) or enforce (acting as a debt purchaser) if asked by an alleged debtor.

In answer to the question about Notice of Assignment, there are two such notices - Absolute, meaning they own the debt outright, and Equitable, meaning they don't. You should have received correspondence from each DCA who has handled the debt.

You need to find out where Crapbot fit in and what right they have to be involved.

bluebottle, you have been a real help.

I don't want to keep going on, but I am trying to find as much ammunition to use against these people in order to get this default removed. My efforts might be just a waste of time but, I have to try.

Would you advise me contacting Cabot, and explaining that I have never received a Notice of Assignment and request they send me one?

I may be wrong here, but, if they are 100% sure I am liable for the debt, then why have they just passed it around, surely, now they have issued a default they can just proceed with court action. Or, is there something wrong with the debt? That's, hopefully what I'm going to find out.

regards

Eagle

[bluebottle]

Re: ***urgent advice needed***

If the DCAs have been sending correspondence to your parents' address, this is probably why it has been passed around, particularly if your father would not disclose your whereabouts.

In order to proceed with court action, the OC would have to first send you a Letter Before Action and comply with Civil Procedures Rules. They must also make every attempt to resolve the matter without resorting to court action. As stated earlier in this thread, sub-prime lenders are known for loading accounts with excessive, unfair and unlawful charges in order to engineer defaults.