Have a DCA the right to process your DATA

[ODC]

If you receive a letter from a DCA demanding money and issuing all sorts of threats have they the legal right to do this???? After all when you send them a CCA request NONE of them have it so how can they know or claim to have permission to use your DATA. Most of them even though they claim to have bought the alleged debt have to refer to their 'clients'. The stupid ones say that they are not obliged to obtain the CCA (obviously know nothing about S175 and 189 of the CCA1974).

 

So where I ask do they get the right to process your DATA or make black marks on your Credit File. Where do they get the permission to set their poorly trained telephone threat monkeys on you. Until these DCAs can produce a piece of paper signed by YOU I suggest they are breaking the law by all their actions. I wonder what the experts think.

[pcah9]

I have just received a letter from the FOS stating that my case against Barclaycard and Lowells will be investigated by nov 12.

I have claimed £1000 against Barclaycard for selling my data to a third party who had no paperwork to enforce payment and the debt was 16 years old.

My specific claim is that the data held by Barclaycard was a contract between me and them and as such my personal data ....address.tel no.etc etc should not have been sold to a third party without my knowledge or my permission.

My argument is that who the hell knows now where all my personal details will end up?

[adarling2006]

I've often wondered this myself, i've asked a few DCA's and they keep saying they are acting on behalf of their clients and so they have permission. Not a single one of them had anything signed by myself saying that they could process anything about me but they keep to that same arguement. I think more needs to be discussed and i'll be subbing to this thread with great interest.

[mr.ton]

I want to know if the Data Protection act applies to DCA's or not?

[adarling2006]

The Data protection act applies to everything, as long as your data is being processed then your entitled to know who does it and how they do it, and if you don't like what they are processing then you send them a section 10 and section 12 notice under the data protection act

[blipvert]

subscribing

[adarling2006]

DCA's may not like to act within the law but the law is on our side, with the Data protection act DCA's have to have consent to process Data, without consent they have nothing, they are open to court action and complaints to the ICO, if they issue a default notice without an agreement or notice of assignment then they could be causing act's of dafamation and open to libel action IMHO. Section 10 notices are a way to stop the processing to DCA's, they seem to be helpless to act when your apparent consent is suddenly withdrawn.

[adarling2006]

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.

[adarling2006]

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

Edited September 25, 2008 by adarling2006

[babybear39]

Subscribing...

[Decanus]

I have also wondered about this, and have broached the question with Moorcroft and others, and they all ignore the question.I do not see how they can handle our data, without our permission; its not as though your employer can pass on your information is it?

 

That in itself is a good indicator they know they are on dodgy ground.

[mr.ton]

Subscribing...

 

Why post that word - why not just post the message/response instead?

[babybear39]

'Cos I like people to know if I'm subscribed to thier threads

[mr.ton]

Surely by posting the message/response shows that you are subscribed to their thread?

[babybear39]

I dunno TBH

[adarling2006]

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.

[adarling2006]

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.

[babybear39]

Link have just sent out a dud batch of N o As

[adarling2006]

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

[Jeff2000]

Link have just sent out a dud batch of N o As

 

 

 

 

They've sent out a load of iffy Default Notices as well!

 

 

Jeff.

[babybear39]

They've sent out a load of iffy Default Notices as well!

 

 

Jeff.

 

Oops that's what I meant...Silly me getting confudled

[adarling2006]

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.

Edited September 28, 2008 by adarling2006
quoted wrong section oooppppssss.

[pt2537]

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 59 the CRA's have to record accurate information, and are open to challenge under Section 59 of the CCA 1974. it's up to them to prove it's accurate that would stand up in court.

i think that you mean section 159

 

s59 relates to agreement to enter future credit:)

[adarling2006]

i stand corrected and thanks PT2537 for pointing it out.

[adarling2006]

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.