anyone taken a DCA to court?

[lickthewallfatboy]

Re: anyone taken a DCA to court?

It would hardly be difficult, but my version can be quoted in mixed company.

precisely

[Angry Cat]

Re: anyone taken a DCA to court?

One would presume that BC advised you about the change in the Data Controller?

Normally, when a debt is sold the original creditor ceased to record information about the debt with the CRA's. This duty (if you can call it a duty) passes to the new creditor to whom the debt has been assigned.

Unfortunately, as the information has only been processed for 4 years, the processing of this information cannot be termed as excessive, as 6 years is allowed under the DPA.

The $64,000 question is, if the original default was ineffective then the new creditor cannot go back and correct the ineffective default.

IMHO, I do not think that you would get very far with the ICO re: compensation

[labman]

Re: anyone taken a DCA to court?

I don't think anyone ever gets far with the ICO re compensation do they?

ICO tend to be the people for a little slap on the wrist rather than a knock out punch.

[Guest]

Re: anyone taken a DCA to court?

I am pretty sure that a creditor can authorise a dca assigned or not to update credit information, as long as they are acting on their behalf.

Was the account correctly terminated, did they acknowledge the dispute.

Peter

I think i phrased this badly. the fact is that a dca is responsible for updatng the credit file even if not assigned but they should pas the information back to the creditor.
I suppose you could try and make the case that the DCA sent the info directly to the CRA, but i think the amount of predudice caused would be very slight, as i said the creditor would just say that they were acting on their behalf.

Peter

[Angry Cat]

Re: anyone taken a DCA to court?

I don't think anyone ever gets far with the ICO re compensation do they?

ICO tend to be the people for a little slap on the wrist rather than a knock out punch.

In my experience, it is nigh on impossible to get the ICO to take enforcement action against a Bank!
------------------------------- merged -------------------------------
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

Please see page 19 of the above.

[peepeadvoto]

Newbie

Thank you for the sensible critique. Me & my neighbor were just preparing to do some research about this. We got a book from our local library but I think I learned better from this post. I'm very glad to see such great information being shared freely out there.