Red/Lowell AGAIN

[mwesty1]

Hi all,

Recieved a letter this morning from RED DCA. It was for Three mobile which l can remember having but did think l had paid it off. The date l had this contract was 2007. I will hold my hands up and say l may well owe them some money but at the time was struggling and believe l did default.

The letter off RED is for £509 and so l made the mistake of ringing and asking them about it.

Firstly l asked for details of original account which l was told no as it was a mobile it wasnt covered by the Consumer Credit Act. Only thing they could provide was statements.He then went on to tell me he had a copy of my credit file and told me what bank account and credit card l had. When l asked how he had credit file without my permisiion he said my terms and conditions with Three says that they pass on permission to check my credit file as per the OFT.

He has put account on hold for 30 days while he sends me statements of me paying first few payments to Three but l wanted to know if there is anything l can do

Mike

[ODC]

Re: Red/Lowell AGAIN

NEVER EVER speak to these mongrels other than through a medium. When and if you get anything in writing then ask them for a copy of a written contract between you and 3 mobile. Keep everything in writing. Remember Red Debt are just another desk of the Leeds Losers aka Clownells. They will lie, threaten cheat and do anything to CON you into paying them money

[labman]

Re: Red/Lowell AGAIN

Agree - everything in writing for the avoidance of doubt.

As far as the 3 contract goes, they are right that mobile contracts are not covered by the CCA. However, I would write saying you do not acknowledge the debt and you want proof that you owe it and proof of their entitlement to collect it, then wait and see what happens.

Once you have done that, until they have something constructive to prove these two things, you really have nothing further to say to them at present.

[Angry Cat]

Re: Red/Lowell AGAIN

If they had any intelligence, they would have checked out the individuals credit files prior to pursuing same?

It would appear that the Leeds Losers flounder around in their own disorganised strategy based mire!

[mr.ton]

Re: Red/Lowell AGAIN

I had a similar episode with Lowells recently - they sent me 3 statements,threatograms etc....the smug gits thought they had me bang to rights - simply tell them you wont be paying anything, threaten them with the OFT etc...and they will soon leave you alone when they see they are getting nowhere with you.

[Angry Cat]

Re: Red/Lowell AGAIN

Outrageous, this firm is running roughshod over the OFT guidelines on debt collection!

When are the OFT going to clip their wings?

[Ruby]

Re: Red/Lowell AGAIN

Hairy scary ....... they know what bank account and credit card you have via credit report. Is NOTHING confidential these days?

[j1fbo014]

Re: Red/Lowell AGAIN

The first thing i do if i ever have a letter through the door from a company like this is rip it up. They have purchased your debt from 3 mobile, probably for some pathetic figure pounds more than hundreds. They cannot pursue you if you ignore them. If they ring you, tell them to keep it in writing, dont go through the security checks with them, you will hang yourself. Tell them that they are harrassing you and you will make notes of their calls and letters. Then finally threaten them with the ombudsman. Really make it sound as if you have no clue what they are talking about, and they must have the wrong person. They cannot prove that you owe the debt.

[alsagerman]

Re: Red/Lowell AGAIN

Perhaps a little off subject but, would a call to the Information Comissioners Office establish whether, or not, the DCA has any right to access this information? If they don't then logging this breach with the ICO will help (just a little) in bringing these morons to heal.

[bluebottle]

Re: Red/Lowell AGAIN

Perhaps a little off subject but, would a call to the Information Comissioners Office establish whether, or not, the DCA has any right to access this information? If they don't then logging this breach with the ICO will help (just a little) in bringing these morons to heal.

You may have seen my post on other threads. The ICO is the best place to query suspected DPA violations. They are now a watchdog that has been given teeth that bite and a bite that hurts. As of 6 April 2010, the ICO can impose a Financial Penalty Notice (FPN) of up to £500K on any data controller/user breaching the DPA.

ICO has already hit two firms with FPNs of £40K and £60K, respectively. Remember, however, that a complaint in isolation isn't enough for ICO to hit a transgressor with a fine. They wait until they have a number of complaints about a data controller/user before hitting them.

Bombarding ICO with complaints about PPCs and DVLA is one wait to frustrate the activities of PPCs and stop DVLA "selling" motorists' personal data to these parasites.

[labman]

Re: Red/Lowell AGAIN

@ Bluebottle - I'm pleased you mentioned this in the way you did.

That is why I always suggest reporting offences to the relevant body. Many don't because they don't see anything being done. What they don't realise is the cumulative effect of complaints. As you rightly say, one by itself will get nowhere, UNLESS it happens to be the one that triggers them into action.

The straw that breaks the camel's back needs all the other straws placing there first! EVERYONE should report any breach to the relevant authority.

[Angry Cat]

Re: Red/Lowell AGAIN

Hairy scary ....... they know what bank account and credit card you have via credit report. Is NOTHING confidential these days?

http://www.experian.co.uk/downloads/.../YCREJul08.pdf

[CleverClogs]

Re: Red/Lowell AGAIN

NEVER EVER speak to these mongrels other than through a medium.

Having killed them first?

[Angry Cat]

Re: Red/Lowell AGAIN

When does data protection law apply?

Data protection law applies whenever a data controller processes personal data. These words are given special meanings by the Act.

Data controllers
A data controller is the person who determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In other words, you will be a data controller if the processing of personal data is undertaken for your benefit and you decide what personal data should be processed and why. A typical example of a data controller is an employer.

Personal data
Personal data means data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller. For example, most organisations will process personal data relating to employees, customers, suppliers and business contacts. These individuals are referred to in the Act as 'data subjects'.

Processing
The Act applies when personal data is processed or is to be processed by a computer, or is recorded or to be recorded in a structured manual filing system. There are other types of system covered by the Act, but these are the most common.
Whether or not manual files are covered by the Act is not always an easy question to answer. To be covered:
there must be a set of information relating to individuals,
which is structured either by reference to individuals or by criteria relating to individuals,
in such a way that specific information relating to particular individuals is readily accessible. If your manual files fall within this definition, you will have to comply with the Act.
The term 'processing' covers virtually any use which can be made of personal data, from collecting the data, storing it and using it to destroying it.

What are the obligations?
The data protection principles
In order to comply with the Act, a data controller must comply with the following eight principles:

The data should be processed fairly and lawfully and may not be processed unless the data controller can satisfy one of the conditions for processing set out in the Act.

Data should be obtained only for specified and lawful purposes.

Data should be adequate, relevant and not excessive.

Data should be accurate and, where necessary, kept up to date.

Data should not be kept longer than is necessary for the purposes for which it is processed.

Data should be processed in accordance with the rights of the data subject under the Act.

Appropriate technical and organisational measures should be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Other requirements for data controllers

Under the first data protection principle, a data controller must justify its processing of personal data under one of the following conditions:

the data subject has given his consent to the processing;

the processing is necessary for the performance of a contract or the entering into of a contract to which the data subject is a party;

the processing is necessary for compliance with any legal obligation to which the data controller is subject;

the processing is necessary in order to protect the vital interests of the data subject;

the processing is necessary for the administration of justice; or

the processing is necessary for the purposes of legitimate interests pursued by the data controller provided such processing does not harm the rights and freedoms or legitimate interests of data subjects.

[CleverClogs]

Re: Red/Lowell AGAIN

Outrageous, this firm is running roughshod over the OFT guidelines on debt collection!

When are the OFT going to clip their wings?

Hasn't the Office of Faffing and Twaddling resumed its hibernation cycle?