So - Ken is worried about going to Jail

[psmith64]

http://www.cabotfinancial.com/download/token/48bfd86546e99

 

Now, I wonder if he has misued our data in anyway !!!

[Lula]

OMG they actually understand about Statute Barred, shame they dont adhere to the guidelines isnt it

[psmith64]

OMG they actually understand about Statute Barred, shame they dont adhere to the guidelines isnt it

 

Yes, I laughed at that bit too - worth printing that out and keeping it for nay defence we may have to make !!

[ScarletPimpernel]

What a useful link for anyone who has cause to write to Cabot about statute-barred debts, or (as in my case), an alleged debt that even the original lender confirmed did not exist!

[PGH7447]

He and his company must have a very short memory, or they neglect to add this important bit of info in the phone drone training manual

[mini mee]

does this mean that unless we give our permission for the original lender to pass on our details to dca then it is illegal?

[stuscfc]

I think it maybe illegal unless they have something in the T@C about it when ppl sign them but anything pre 1998 not sure as companies T@Cs may not include it in them maybe some more legal minded may know.

[make them aktiv runners]

OMG they actually understand about Statute Barred, shame they dont adhere to the guidelines isnt it

 

They still need a little education there. The 6 year runs from date of last payment not the default date.

[reallymadwoman]

And once the six years without acknowledgement has passed nothing can 'un bar' the debt.

[psmith64]

does this mean that unless we give our permission for the original lender to pass on our details to dca then it is illegal?

 

Needs looking into I think, good point

[The GodMother]

mtar.

 

u have said the SB runs from date of last payment not deafult. What happens when u request a SAR/cca and they say in writing we dont except/recognise the fee for this request but we have used the money to reduce ur balance?

 

is this classed as a payment from u?

[OnMyWayOut]

Just make sure you put in the request that the fee enclosed is only to be used for the purposes of the request and does not constitute any payment towards or recognition of the alleged debt.

 

AND - keep a copy, along with proof of postage.

[ODC]

So its an offence to use Data without the subjects permission. Now correct me if I am wrong but if a DCA is unable to produce a document signed by the Data Subject such as a CCA then where TF do they get permission to use the data.

 

Go to Jail go directly to jail Do not pass CAG and do not collect £200

[The GodMother]

i sent studio a S.A.R - (Subject Access Request) request and they have sent me a trading statement and used to money to reduce the balance of my disputed account.

 

i have put in my letter the money is the fee for the request.

[mini mee]

surely the subject would have to give permission for the data to be forwarded to the dca before it could be given to them. even if they are "buying "the debt? if it is illegal to forward info about a subject without their permission they can't sell your name/address etc

[The GodMother]

well thats put of the problem some companys dont care ad will pass the info on.

 

now if a cca is not held then they cant prove u agreed to the t+cs which would include sharing ur info

[FunkyFox]

So its an offence to use Data without the subjects permission. Now correct me if I am wrong but if a DCA is unable to produce a document signed by the Data Subject such as a CCA then where TF do they get permission to use the data.

 

Go to Jail go directly to jail Do not pass CAG and do not collect £200

 

AS I was reading down this thread thats exactly the conclusion I got to. If the contract that you signed saying they can share your data can't be produced then they can't share the subjects data and may have broken the law. SEND THEM DOWN!

 

Wouldn't it be ironic if an article by the CEO of Cabot resulted in every DCA in the land being hauled over the coals over this.

[The GodMother]

thats if u signed a contract in the first place.

[FunkyFox]

Ok we don't want to get ahead of ourselves here but...if it could be shown that DCA's were unlawfully purchasing and/or sharing and selling of confidential sensitive personal data from the original creditors or indeed between each other without the subjects express permission i.e. a signed contract where the subject consents, could it result in a possible proscecution? With the current issues of identity theft, governement data losses and the recent ICO Walport report into the use of personal data, there has never been a better time to create a stink about a subject such as this.

 

Imagine the implications for the DCA industry. In order for them to acquire an account they would in each and every case have to satisfy themselves that a signed agreement existed where the subject had consented to share their personal data. If no such agreement existed then they would put themselves and the OC at risk of proscecution by buying personal information without the right to do so.

 

Now the DCA could argue that they 'reasonably expected that permission had been given and an agreement for such existed'. However, if the account was in dispute and the agreement had not been produced then the OC could be in trouble for sharing the info where no agreement existed. Certainly if an account with a DCA was in dispute for non production of an agreement then it would be most unreasonable of them then to sell a subjects personal data to another DCA, knowing they did not have the subjects persmission.

 

Perhaps something should be added to some of the letters stating, 'as you have been unable to produce a signed agreement which includes any terms and conditions relating to the use of my personal data, I wish to point out that under s.55 of the DPA the selling or sharing my personal data without my express permission, which you do not have, is prohibitted. Failure to abide by this legislation and may result in proscecution, which could result in a fine or imprisionment.'

 

And what about the CRA's, surely could this not apply to them also. If it can be proven there is no agreement then they have no right to share data. Section 55 could be a very useful tool to enforce s.10 requests.

 

Reading this back it sounds like pure fantasy but its got to worth a shot. So whos first to try it then?

[FunkyFox]

Just for reference s.55 of the data protection act

 

55 Unlawful obtaining etc. of personal data

(1) A person must not knowingly or recklessly, without the consent of the data controller—

(a) obtain or disclose personal data or the information contained in personal data, or

(b) procure the disclosure to another person of the information contained in personal data.

(2) Subsection (1) does not apply to a person who shows—

(a) that the obtaining, disclosing or procuring—

(i) was necessary for the purpose of preventing or detecting crime, or

(ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court,

(b) that he acted in the reasonable belief that he had in law the right to obtain or disclose the data or information or, as the case may be, to procure the disclosure of the information to the other person,

© that he acted in the reasonable belief that he would have had the consent of the data controller if the data controller had known of the obtaining, disclosing or procuring and the circumstances of it, or

(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) A person who sells personal data is guilty of an offence if he has obtained the data in contravention of subsection (1).

(5) A person who offers to sell personal data is guilty of an offence if—

(a) he has obtained the data in contravention of subsection (1), or

(b) he subsequently obtains the data in contravention of that subsection.

(6) For the purposes of subsection (5), an advertisement indicating that personal data are or may be for sale is an offer to sell the data.

(7) Section 1(2) does not apply for the purposes of this section; and for the purposes of subsections (4) to (6), “personal data” includes information extracted from personal data.

(8) References in this section to personal data do not include references to personal data which by virtue of section 28 are exempt from this section

[mr.ton]

I also want to know if DCA's breach the human rights act with all the harrassment they do?

[Robot_roo]

I just received a letter from 1st credit stating about passing the debt on, reminding me of my rights, does this mean they are worried about it? just posted it up , under letter from 1st credit, I had not read this article before I posted it though.

[The GodMother]

Funky Fox.

 

What you are saying is already going on.

 

When ppl CCA a company and they say we dont have a cca then when they sell/pass it on to a DCA then they are illegally passing the info on as they cant prove u agreed to the T+Cs which involve passing your info around

[FunkyFox]

GodMother, I appreciate that may be the case but as far as I can tell all the standard correspondence quotes s10 of the Data Protection Act not s55. Also to my knowledge (I've been searching) the s10 requests to stop processesing data largely fall on deaf ears.

 

A very large proportion of all proscecutions under the DPA are carried out under s55, albeit in different circumstances to what is discussed here but all the same the legislation is clear. If they do not have the explict permission to sell/share our data (with a signed contract containing the specific term regarding data sharing) it could be argued that they are committing an offence (and a far more serious one than under s10) by selling or offering for sale account data, containing a great deal of VERY sensitive personal info, without the permission of the subject. Also if you have explictly told a creditor or DCA that, in the abscence of the signed contract they have no authority to share or sell your data than maybe that would improve the chances of a proscecution.

 

In the event that I am completely barking mad and this is doomed to failure or has been tried a million time and failed then all I've wasted is a few minutes typing and a few gray cells!

[The GodMother]

F F

 

section 10s are failing due to a lot of the big company that report your data having shares or some money or even company bosses in the credit referance agencies as staff members or ceo etc.

 

The fact that if u appeal to the CRA you basically get the same response is there as evidence.