Ok, so I have just been to this site removed link and it states that the information commissioner will be able to issue fines as of April 2010 so it may be worth me waiting until then to complain for hopefully maximum effect.

Thanks for that, sounds good to me. I am not interested at all in financial compensation. It would be compensation enough to see these idiots actually get taken to task over something to show them they cant just act how they like with impunity.

Can you please tell me where you get the info from that the ICO fine organisations? The reason that I ask is that I just picked this up from their website, "We cannot award you compensation or punish an organisation for breaking the law. Our main aim is to get the organisation to change the way it works so that it handles personal information properly in the future." It reads as if it's a waste of time complaining because they wont do anything anyway. What the flaming point of having a law and a governing body if they can't do anything :?

Ha ha, yes it had crossed my mind and yes it is disturbing! I have never had a phone call so I am presuming they do not have my number, however that is not the point. I am currently writing up a complaint to the OFT but now I can write to the ICO I will be doing that also. There will be no goodwill from me whenever the complaints go in. I always believe in being as measured and meticulous as possible in these matters which is why I am hunting for advice in order to add as much weight as possible (it has also helped with the DCA sending me the rope by which to hang them ). I am always enthusiastic, especially about exterminating (I wish) DCA's! Merry Christmas to you too

Oh I will be. I had heard they weren't exactly "healthy", bless their cotton socks. To add this is over a blatantly statute barred debt also. I hate DCA's and will push this one!

Well that could be a complaint to both as I have other major issues with the way that they have dealt with this debt from the information that they have sent me so thanks for the info. I think I will call the phone numbers but will leave it till in New Year now, I wouldnt want to recieve a call telling me that Aktiv Krapital have been sharing my information with all and sundry at Christmas time!! (there you go, SHAMED ). Oh and I dont wish to be negative but will ANYTHING be done by the OFT or Information Commissioner's Office in this case, it's just that Aktiv Krapital are blatantly taking the pee with so many people and are so well known as being dodgy but they still keep operating

I am asking because I sent an SAR and I received information on other people showing the exact same tactic as with me. The same letters, adding the debt and an address to their credit file, their D.O.B (same as mine) and in two cases telephone numbers for the "alleged" debtor. Also, obviously, debt information including account numbers etc, even though, as I have said before they do not with certainty know who I am. The reason I am asking, as you will see if you look at other threads started by me, is that I am building up information to make a complaint to the OFT and I really want to have my facts straight before I do. When I checked the Data Protection Act it stated that it was "unlawful" to send me such information. To be honest I was close to ringing the guys number and lettting him/them know what they had done in sending me his information!!

Hello all, I was wondering something! If you request an SAR from a DCA and they send you out information that includes other individuals names, D.O.B's, addresses and telephone numbers is that then in contravention of the Data Protection Act? At the end ofthe day isnt an SAR supposed to only be information on one "subject"? Also, if a DCA doesnt actually know who you are, ie they started sending you letters due to your name and D.O.B in the "hope" of finding the correct debtor and you then request an SAR and they oblige, still obviously not knowing with absolute certainty that they have the correct individual, then again isnt this in contravention of the Data Protection Act? Thanks in advance.

I am feeling more confident the more that I read. I guess that when I read the statute of limitations information and it stated that a debt cant be statute barred if its already been CCJd it kind of concerned me as I felt it was a get out of jail card for the DCA.

So what you are saying then is that for them to CCJ you they would have to go to the bother of acquiring all of the paperwork (ie CCA info etc) up-front to prove their case. If this is so then I can see how it would be a nightmare of paperwork for them to do this with every debt they purchase. This is making me think that they would wait until they actually contacted a debtor to CCJ as the case would be easier to prove but this hasnt been the situation with me, I have been contacted but after 7 yrs. I am just trying to cover bases to know what to expect. I have told them that the debt is statute barred and that they have no right to even try and collect on the debt, I was just worried they would send me a shock "nah nah we have a CCJ" letter.

lol Come on, someone must know what percentage are put to CCJ!!

This may sound like a strange question but, seeing as debts are statute barred and un-enforcable after 6 yrs why dont DCA's etc CCJ all of them to start with. What I mean is, if they did CCJ all of them then surely the statute barred status would not stand as a defense and so they would have more "chance" of collection due to the debt having a CCJ against it!? Am I wrong in this? Also, how can you tell if you have a CCJ against you? I checked a previous address for CCJs but there wasnt any but then the debt was from over 7 years ago so I was figuring that the CCJ\s could be over 6 yrs old so not showing. I guess what I am trying to get to is what is the "likelihood" or percentage chance that I have a CCJ against me for a debt that is over 7yrs old thus giving the DCA the ability to enforce what would normally be a statute barred debt?

Nothing has been paid off the debt for over 7 years so it is statute barred. This fact is not the issue with me now, the issue I have is that they have contacted me in the first place. They have sent me all sorts of information including info on other people's names, addresses and dates of birth and information on the account following my SAR. This is in contravention to section 55 of the Data Protection Act 1998 as they do not even know who I am! I believe this is how other people's information has been sent to me, because of the way they have simply sent letters out to people who share my name and d.o.b, which is totally wrong and shows their systematic disregard for OFT guidlines. I received a letter in the past that was linked to this account but it was from a company representing this particular DCA. Anyway, it ended up that they stopped contacting me as they admitted that they did not know that I was the person who took out the debt in the first place AND they requested that I send them info to prove who I was, which is against OFT guidlines. I did not send anything to them and the letters stopped. I believe that a precedent was set with that letter with regards to this debt. This particular DCA is in contravention of the OFT guidlines in so many ways it is unreal, that coupled with them trying to chase a statute barred debt and the Data Protection Act 1998 issue, to be honest I want to try and nail them to the wall with the OFT. I just want to add something else to the pot for when I make my complaint, I need as much ammunition as possible as these DCAs make me sick.

Ah right. Already sent the SAR to the the debt collector and they have stated that the account has been put on hold as they have requested the information from the original creditor but they didnt know if it would be available. That's why I was asking what would be the situation if the original creditor didn't come up with the rtequired information

A quick question, if I send an SAR to a debt collection agency and they can't obtain the original documentation from the original creditor how do they stand with regards to enforcing the debt? Thank you in advance.