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DCA's searching your credit file
Can anyone offer advice concerning DCA's searching your credit file?
I'm assuming when a debt is sold to a DCA or a DCA is acting on behalf of an original creditor then the right to access your credit file is also something the DCA inherits with the debt?
What I would appreciate clarity on is when neither the original creditor or the DCA can provide a copy of the original credit agreement are either party legally allowed to continue accessing your credit file?
The original agreement would have contained my consent to a credit search being conducted. However, in the absence of such an agreement, surely there is also an absence of consent?
The debt is over 10yrs old so well and truly stature barred, no record of it on my credit file, no copy of an agreement given after a CCA request yet the DCA still searches my credit file every few months? Is this legally allowed?
The other question I would appreciate answering is what rights do DCA's have in general to access a persons credit file when conducting 'trace' searches? Does their license give them the right to access anybodys credit file? Also under what circumstances can they enter the search as 'old debt' on your file? Again, surely the alleged 'old debt' would have to be proven as an old debt before they could mark their search as such?
If anyone could offer explanation to what rights DCA's have concerning a persons credit file it would be greatly appreciated. It just seems that DCA's like to play 'God' with your credit file and when they get no joy they become vexatious? Any idea how such an argument may stand up in court if an order was applied for to:-
a) Prevent further access to my credit file by the DCA and the selling on of this account.
b) For the removal of detrimental information placed concerning an unproved debt.
I'm assuming when a debt is sold to a DCA or a DCA is acting on behalf of an original creditor then the right to access your credit file is also something the DCA inherits with the debt?
What I would appreciate clarity on is when neither the original creditor or the DCA can provide a copy of the original credit agreement are either party legally allowed to continue accessing your credit file?
The original agreement would have contained my consent to a credit search being conducted. However, in the absence of such an agreement, surely there is also an absence of consent?
The debt is over 10yrs old so well and truly stature barred, no record of it on my credit file, no copy of an agreement given after a CCA request yet the DCA still searches my credit file every few months? Is this legally allowed?
The other question I would appreciate answering is what rights do DCA's have in general to access a persons credit file when conducting 'trace' searches? Does their license give them the right to access anybodys credit file? Also under what circumstances can they enter the search as 'old debt' on your file? Again, surely the alleged 'old debt' would have to be proven as an old debt before they could mark their search as such?
If anyone could offer explanation to what rights DCA's have concerning a persons credit file it would be greatly appreciated. It just seems that DCA's like to play 'God' with your credit file and when they get no joy they become vexatious? Any idea how such an argument may stand up in court if an order was applied for to:-
a) Prevent further access to my credit file by the DCA and the selling on of this account.
b) For the removal of detrimental information placed concerning an unproved debt.
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