If a DCA defaulted you, and it's on your credit file, once it's settled then under the data protection act it should no longer be there. challenge all DCA's under the DPA1998 for their right to process YOUR data.

you'd have to complain to the ICO's office, anything to with the data protection act it's their job.

if they intend to go to court then you can make them look totally silly by defending the claim and asking for everything under the Civil procedures rules, i've never got a far as court, they seem to be refusing to oblige me but if they do someone on here can help you more with that.

Odds on when you defend they'll back down and you win by default.

that's them going to give it up, you'll get a letter advise you of that in about a month.

No CCA = No Debt = No Consent under the DPA1998. anything they have on you, you can rub salt into their wounds and take legal action against them for the unlawful processing.

Just something nice to remind them of home sweet home lmao

If you request it from them under section 78 then they have to supply you with it, if they don't you can report them to trading standards. If they don't have an agreement then you can take action yourself under the DPA1998 for the unlawful processing of you personal data, serve them a Section 10 Notice and see what happens after that, i bet they go away meekly.

i stand corrected and thanks PT2537 for pointing it out.

As far as i'm aware under the new Reg's they have to comply with a CCA request and if they don't trading standards can actually take action against them for it. They should be reminded of that fact of law, they are meant to be professionals after all lol.

Could u not mail them something that reminds them of their job, Something disgusting, rotten and crawls out of a sewer???

I think they must be trying to get a nest egg together for when they do finally get the bullet, as Llyods have got their own in house team at DLC/Hillsden securities, but they are all the same really, straight out of the jungle and no clue about civilized society lol.

default notices have to be accurate, if they aren't they have been unlawfully applied to your credit file and should be challenged, Under the data protection act the data has to be accurate, if a lender or CRA process in-accurate data about the Data subject they leave themselves open to court action, They have to ensure that all data they hold on a data subject has been checked and verifed accurate. That's from the Information Commissioners Office direct. There is other threads on here tackling the CRA's and defaut notices. Under the CCA 1974 section 159 the CRA's have to record accurate information, and are open to challenge under Section 159 of the CCA 1974. it's up to them to prove it's accurate that would stand up in court.

The fact of the matter is Most OC's don't comply with the various act's of law, they don't comply with the Debt collection guidelines in my experience and they should pass a history of the account onto which DCA they use, it's obvious they haven't here, otherwise IQOR would have known about the Dispute and wouldn't have touched it with a 10 foot barge pole. I'd Definatly send in a CCA request and see what happens with that, if it doesn't come back then they've got themselves a bigger can or worms concerning the DPA 1998, the fact they'd have been processing data about yourself for 7 yr's without a legal right to do so, but that's another story, wait and see what happens.

Can i make a suggestion too, Concerning the CCA request, once the Time limit is up and we all know they won't have the documentation, you can write to them and ask them what Document they would be relying on in court for the continued processing of your Data. without any form of consent they have no legal right to hold or process this information.

That should make them run just abit faster.

here is a letter i've used twice with sucesss against capquest and westcot.

The second template is a proper section 10 and section 12 notice to use on the OC. Amend to suit yourself

Letter template for DPA.txt

Section 10 Notice DPA1998 Updated version.txt

They have to send you any document refered to in the original credit agreement, that is the original T&C's, Default notices, statement of account and anything else related to the account. failure to do so results in non compliance.

Doesn't sound like they would stand up under the DPA or even the Law of property act

Without that DOA from haliprats to yourself concerning this account, IQOR don't have a legal right to process your data. And as the account is in dispute i'd tell IQOR that fact and you will see them running a mile from it, contact Halifax in writing and include a section 10 and section 12 notice under the DPA 1998. that should stop them passing your account to a DCA. if they do pass it on regardless you can take them to court and get damages for failing to comply with the data protection act.

I've noticed in some other post that DCA's and OC's don't comply with the Law of property act at all concerning notices of assignment. Surely they can't be that stupid to think they can keep going like that before someone cottons on to the fact that without it they are on a sticky wicket without paddle concerning the data protection act. oh well their loss lol.

I think your right, if they couldn't answer the question then they couldn't have the right to process our Data. That being the case i can see a flurry of Section 10 notices heading towards OC's withdrawning our consent to process.

This is a Draft of a letter i have used on Capquest and westcot and both have returned the account back to the bank. If they had consent they would have continued with action but clearly they didn't. That's where the notice of assignment comes in, without it DCA's have no rights to process your data, this makes them aware of that and section 10 the original creditor to stop it happening again.

Letter template for DPA.txt

Go for it, the parasites need to crawl back from where they came from, and i think the only way this will get cleared up is through court.

Has is right, contact the solicitors that dealt with that case and see what they say, IMO they'd get good PR out of it and you'd get the Halifax off your back.

Hang in there and don't pay them anything, we are behind you in this.

Good luck.

if they are processing your data then yes you can use it. After all if they send you a demand for payment and you've not been a customer then by all means send it and ask for proof of your consent to process your information.

Even if they are the in house collection/DCA there are rules and regs to follow. we all know that they don't. If they don't have a document from either yourself saying they can process your data or a deed of assignment from the OC. That's IMO and understanding.

After looking through the Data Protection Act it is this section of it that gives us the power to say who processes our information. Consent is the Key and without it DCA's have no leg to stand on.

SCHEDULE 1

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SCHEDULES

Section 4(1) and (2).

SCHEDULE 1 The data protection principles

Part I The principles

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

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

8 Personal data shall 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.

Section 4(3).

SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data

1 The data subject has given his consent to the processing.

2 The processing is necessary—

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3 The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4 The processing is necessary in order to protect the vital interests of the data subject.

5 The processing is necessary—

(a) for the administration of justice,

(b) for the exercise of any functions conferred on any person by or under any enactment,

© for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

6 (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

(2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

Section 4(3).

SCHEDULE 3 Conditions relevant for purposes of the first principle: processing of sensitive personal data

1 The data subject has given his explicit consent to the processing of the personal data.