Bcw

[crh]

Hi All,
I paid off a debt with BCW i took the settlement figure they offered me and the guy told me over the phone that the default notice would be changed to settled. They have sent me a letter saying its settled and the matter is closed. But i checked my credit file the other day and they have done a credit search on me a month after they told me it was settled and the reason was for a outstanding debt!!!!

Any advice on what to do

ps they havent marked the default as settled either yet

[dannyboy660]

Originally Posted by crh

Hi All,
I paid off a debt with BCW i took the settlement figure they offered me and the guy told me over the phone that the default notice would be changed to settled. They have sent me a letter saying its settled and the matter is closed. But i checked my credit file the other day and they have done a credit search on me a month after they told me it was settled and the reason was for a outstanding debt!!!!

Any advice on what to do

ps they havent marked the default as settled either yet

Paying off a debt in full with BCW gives the impression you are in cash. They will actively trace any other outstanding debts or defaults you have and take them on, knowing there's a good chance you'll pay on their terms.

Looks like they're checking you out as a potential moneyspinner.

[crh]

is there any way i can stop them doing this?

surely i'd have to agree for them to credit search me they cant just do it at random can they? how does that work

they really are the scum of the earth

[dannyboy660]

I'm not too sure on this one.

I think because you had been paying them and considered to have an 'account' with them, they can check your files to make any changes they feel necessary, and at the same time they will probably do a bit of fishing.

Very unfair, but I'm not sure if you can do anything about it. I'm sure someone will know.

All the best.

[crh]

i would of though that as they wrote to me telling me the matter was closed and the account has been passed back to the original creditor the matter should end there.

i think this will involve a trip to the cab

unless someone else more in the know can advise me?

[dannyboy660]

I understand exactly what you are saying, but honesty and money do not go together, especially when you are dealing with a DCA/Purchaser. They do not follow the rules because unless they actually get caught in the act, there is not much you can do. If you complain about them interfering with or searching your files,.... which you should,..... you can be sure they'll come up with a plausible sounding explanation, when in fact they are just fishing for business.

[buster642]

Originally Posted by dannyboy660

I'm not too sure on this one.

I think because you had been paying them and considered to have an 'account' with them, they can check your files to make any changes they feel necessary, and at the same time they will probably do a bit of fishing.

Very unfair, but I'm not sure if you can do anything about it. I'm sure someone will know.

All the best.

It all depends on the exact terms and conditions you signed. Most agreements give them permission to search CRA's for initial application and "ongoing checks" for credit worthiness (or words to that effect).

It's that second clause that gets you. Now two things:-

a) Did you CCA them for the first debt. If they don't have a copy of the signed agreement, then they can't prove that they have permission to search your credit file in the first place.

b) Check out the exact wording of the CRA-checking clause. If you have paid up and settled with them, then effectively you are no longer a customer and I would say that they do not have any right to issue further searches AFTER that point.

Although as the person above stated, they might try and argue that they were "checking to see if they had updated the file correctly". That might sound plausible, but not legal if you didn't specifically sign up to it.

If they fall foul of either, they will have breached the Data Protection Act.

[crh]

ok i'll send them a CCA request thanks for the advice just a couple of things

if they cant supply me with a copy of the agreement afterthe 12 days even though i have paid are they still in breach?

if there in breach can i get the default removed against me?

[crh]

emailed BCW and got a reply saying that there is no records on there system who requested the search or what the reason was and there removing the search from my credit file within 24 hours.

i guess they where trying it on then

[dannyboy660]

Looks like you caught them out. A result.....of sorts.

This sort of thing happens all the time and something people need to be aware of.

All the best.

[buster642]

Yes, a partial victory for you. I guess the only sour point is that someone has still seen information that they were not legally entitled to view.

[crh]

hi

this is the response i got from them

Dear xxx,

I have been passed your email in relation to a footprint left on your
Equifax file.
I can confirm that the account referred to in your email was never sent
for a Trace so I have been investigating the Footprint left on 26 March
2006.
I have been unable to find another account for you at this site so have
spoken to our head office who have searched their files. They have
numerous accounts in the name of xxxxx but are unable to find
one that matches your details, so it would be for other people of the
same name. It is possible that another address was provided which is why
the connection cannot be made. I am only able to speculate about the
files held by our Head Office as they use a different system that I
can't access.

At this stage I am unable to provide you with further information
however I can confirm that I have requested the footprint be removed.
This normally takes 24 hours so it should have been removed by Wednesday
18 April.


any advice on this surely under the Data Protection Act they must have a record of who actioned the search?

i'm going to email them tomorrow

[dannyboy660]

Looks like my original suspicions may have been correct - they might be trying to match you up with other debts

They failed, and got caught out too. This could be an opportunity too good to miss, but you will need advice from someone who is more clued up on Data Protection Act than I am.

Go get 'em.

[crh]

bump

can anyone up to date on the Data Protection Act advise

[buster642]

Originally Posted by crh

hi


I can confirm that the account referred to in your email was never sent
for a Trace so I have been investigating the Footprint left on 26 March
2006.

So they've now admitted that it had nothing to do with the original claim that you paid. So they no longer have the partial get-out that we talked about earlier.

Seems like a clear cut breach of the Data Protection Act/CCA. The question is, what can you realistically do about it... or want to do about it for that matter.

It seems a relatively friendly letter (for a DRA), but I sense an underlying message of "well, we can't find any debt this search relates to... but do you really want us to look that hard, because we might find one... You've caught us out... now go away before we unearth something...."

At the very least I would report them because if TS / OFT receive a sufficient number of complaints and threaten action, only then will they stop these illegal practices.

[make them aktiv runners]

report to Information Commissioner as it is a data protection issue. May get investigated further.

[crh]

i just cant belive that they dont have a system in place which records who requested a trace and the reason. I bet they do have a system and they know for a fact who requested the trace. I'm sure its to try and get more cash out of me.

i'm going to report them to TS/OFT in the morning

is there some sort of sticky we can get posted warning other user's about this DCA tactic?

[crh]

aaaaarrrrrrrggggggghhhhhh hhhh

just checked my credit file and they've searched me twice at my previous address is there anything i can send them to stop them doing this