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blueboy987

Data Processing Rights & Accounts Sold / Assigned

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I haven't seen this discussed before and whilst there is probably nothing in it I thought it worth raising just in case. Hopefully the legal experts can comment.

 

A credit card agreement gives the card company certain rights with regards to processing your personal data, especially sharing it with other parties such as credit reference agencies and debt collectors.

 

When the card company sells the debt to a DCA, I'd assume that all of these rights are passed to the DCA with the agreement and that they no longer have them. Obviously they need to retain the data for internal purposes and to pass the data on to the DCA at the time of the sale. But other than that, surely all of their rights are surrendered at that point?

 

Fast forward a few months and the DCA realises it needs certain data to pursue the debt further and they don't have it. So they go back to the card company and request it.

 

Does the card company have any legal right to supply that data?

 

I would have thought not as they no longer have an agreement that covers it. So if they supply it, won't it be a breach of the Data Protection Act? Wouldn't it also make the data unusable as evidence in a court case?

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I haven't seen this discussed before and whilst there is probably nothing in it I thought it worth raising just in case. Hopefully the legal experts can comment.

 

A credit card agreement gives the card company certain rights with regards to processing your personal data, especially sharing it with other parties such as credit reference agencies and debt collectors.

 

When the card company sells the debt to a DCA, I'd assume that all of these rights are passed to the DCA with the agreement and that they no longer have them. Obviously they need to retain the data for internal purposes and to pass the data on to the DCA at the time of the sale. But other than that, surely all of their rights are surrendered at that point?

 

Fast forward a few months and the DCA realises it needs certain data to pursue the debt further and they don't have it. So they go back to the card company and request it.

 

Does the card company have any legal right to supply that data?

 

I would have thought not as they no longer have an agreement that covers it. So if they supply it, won't it be a breach of the Data Protection Act? Wouldn't it also make the data unusable as evidence in a court case?

 

Hmm good question.

 

I think it depends on the set up. If the DCA is working for the OC then they can request the data from them at any time. I had a chat with the Data Comissioners office a few weeks back on this subject, If the OC has sold the debt on to a DCA the all data must be handed over after the NoA and the letter of LoA (to you) after the date in the letter, it must be correct, ie amounts correct any CRA marks removed (if active in the OC name). However, I have found out that these guys bend the rules and throw it around between each other like its nothing. I've cought out a OC and a DCA this way via written proof.

 

Now what we should also ask is if the OC has sold the debt and handed the data over, why should they keep any or all back for their records? As far as i'm concerned they have no intrest in the account any more so why hold on to all or some of it? do they want it both ways? (and i'm not talking about the data being held for 6 years, why should they cherry pick which rule to stick to, Its about money Data=cash, every person is worth around 3k to in intel firms.)

 

I think alot of these companys don't see it (as a threat) or don't care about your personal information, look back afew years ago with the national news reporting personal bank detaits being thrown out with the rubbish...

 

In my case i've got my guns all lined up awaiting the DCA to make there move, its all a matter of timing. Come on Cabot...

 

Thanks you have me thinking on this...

 

Trooper68


Trooper68:)

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I've got proof that the card company supplied information (CCA and statements) to the DCA around 10 weeks after they had sold the account to them and this information is the only evidence they've provided for the court claim. So I'm wondering if I can go after the card company and if the information can be used in court, hence why I started the thread.

 

Who did you speak to at the Data Commissioners office? Do you have a phone number? Obviously I'd like to clarify things with them and figure out what my next move should be.

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