Southbank Capital Limited - Unlicenced and Unregistered

[ScruffyProfessor]

Hi Fellow Caggers,

 

During a little investigation in preparation for lodging complaints with the regulatory bodies I discovered some interesting, and hopefully useful, information for any one who is currently or has previously been pursued for a credit debt by Southbank Capital Limited either directly or via a Debt Collection Agency (DCA).

 

Southbank Capital Limited does not hold, nor have they ever held, a Consumer Credit Licence.

 

Therefore Southbank Capital Limited is not legally entitled to commence, purchase, administrate, pursue or sell any debt or agreement as defined in the Consumer Credit Act 1974.

 

Southbank Capital Limited are not registered as Data Controllers with the Information Commissioner’s Office.

 

Therefore are not legally entitled to hold, process, pass or share with third parties, which includes agents, any personal details for any purpose as defined by the Data Protection Act 1998.

 

I have checked using the web registers for both Office of Fair Trading (OFT) and Information Commissioners Office (ICO), and verified both by phone to ensure they are not trading under a different name or parent company licence. In both cases it was stated that as a limited company they are expected to hold a licence/registration in their own right which should be under the company name and address as registered at Company House.

 

You can verify this information for yourself at:

 

Consumer Credit Licence:

 

OFT Web check: http://www2.crw.gov.uk/pr/Default.aspx

OFT Phone enquires: 08457 22 44 99

 

Data Controller Notification:

 

ICO Web check: http://www.ico.gov.uk/ESDWebPages/search.asp

ICO Phone enquires: 08456 30 60 60

 

Details registered at Companies House:

 

(Registration Number – 05161204)

Southbank Capital Ltd

The Old Tannery,

Oakdene Road,

Redhill,

Surrey

RH1 6BT

 

 

I have passed this information to the Office of Fair Trading regarding unlicensed collection activity and the Information Commissioner’s Office with regard to data processing. I have included copies of correspondence which proves they claim to have been assigned a debt and claim legal ownership of that debt an have processed and passed personal details to a third party DCA to try and recover said alleged debt.

 

I would urge any one who is, or has been, pursued for a debt by Southbank Capital Limited to inform the OFT and ICO. You will need to include a copy of any correspondence that evidences administration and collection activity i.e. claims that the debt has been assigned or purchased and any declaration of their ownership of the debt. In the case of data processing by the fact that they have contacted you it is shown that they hold and have administered your personal details, and contact made via a DCA on their behalf is evidence that those details have been pass on to and shared with a third party.

 

The ICO state that they may not investigate if the issue is over 1 year old, however this date relates to when the offence was discovered not necessarily when it occurred. It is important that even past offences be brought to their attention as this will provide them evidence of continued noncompliance rather than a one off instance.

 

The addresses you’ll need are: (I have included brief templates for the letters just in case they are helpful)

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

Unlicensed Debt Collection and Administration Activity –

Southbank Capital Limited

 

Dear Sir,

 

I have used The OFT online Consumer Credit Register and validated the findings with the OFT Enquiries Line on Monday Xth Month 2009 and I believe Southbank Capital Limited to be engaged in unlicensed debt collection and administration activity.

 

Southbank Capital Limited are registered with Company House:05161204

 

Southbank Capital Ltd

The Old Tannery,

Oakdene Road,

Redhill,

Surrey

RH1 6BT

 

Background:

(You will need to provide a brief write up of why you think you Southbank Capital Limited have been or had been administering and debt, including a list of and enclosing any evidence i.e. correspondence.)

 

 

 

Information Commissioner’s Office

Casework and Advice Division,

Wycliffe House,

Water Lane,

Wilmslow

Cheshire

SK9 5AF.

 

Unauthorised and Unregistered Processing and Administration of Personal Data –

Southbank Capital Limited

 

Dear Sir,

 

I have used The Information Commissioner’s Office (ICO) online Register of Data Controllers and validated the findings with the ICO Enquiries Line on Monday Xth Month 2009 and I believe:

 

Southbank Capital Limited to be engaged in holding, administrating, processing and sharing my personal data without my consent and without being registered as a Data Controller in the register held and maintained by the ICO which is prohibited by section 17(1) of the Data Protection Act 1998.

 

Southbank Capital Limited are registered with Company House:05161204

 

Southbank Capital Ltd

The Old Tannery,

Oakdene Road,

Redhill,

Surrey

RH1 6BT

 

 

Background:

(You will need to provide a brief write up of why you think you Southbank Capital Limited have been or had been processing your personal data, including a list of and enclosing any evidence i.e. correspondence.)

 

Remember this will also have implications for any DCA who is, or was, acting on their behalf especially in their legal right to process your personal information.

 

I hope this will get them a good wrist slapping.

Edited March 14, 2017 by dx100uk

[42man]

Well done for digging this out......what have they been trying to collect on if I may ask ?

[ScruffyProfessor]

Hi 42man,

 

You may indeed ask.

 

They claim to have been assigned and have legal ownership of a Credit Loan account from London Scottish Finance Ltd. (though I've never dealt with them).

 

They made contact via Arc (Europe) Ltd DCA who's first letter to me very kindly stated the above in writing, and also confirmed that Southbank must have been holding and administering personal data including passing it on to a third party.

 

However I didn't even think to check at that time.

 

It's only as I was getting ready to make a complaint againtst Southbank and their Agent s (Arc), due to a failure to comply with a CCA request and Failing to respond to a Formal Complaint, and a request under section 10 of the DPA 1998 (amungst other things), that I came across this.

 

Even better I shall be posting a letter to Arc today to point out that their correspondence (and lack of it recently) has been made available to OFT and ICO to support their invesigations into the unlicenced and unregisterd activities of Southbank. I'm sure the'll be extatic abouth that, and probably wished they'd behaved better.!

[42man]

Excellent work SP....please keep us posted.

[ScruffyProfessor]

Hi,

 

I've had an initial letter back from the ICO today, confirming receipt of my letter. The'll be more info once they've concidered the info and evidence provided.

 

Nothing from OFT as yet.

 

I'll keep you posted.

 

SP

[NORNIRONGIRL08]

Well done

[ScruffyProfessor]

I've now had a response from the OFT, who were very interested in the information and correspondence related to Southbank Capital.

 

They have confirmed that Southbank do not hold a consumer credit license and that it certainly would appear from the evidence provided that they are engaged in debt collection activities.

 

They have referred this on, along with accompanying evidence to the local Trading Standards for investigation. I'll keep you posted on this as these are the people who will be dealing with the complaint part.

 

NOTE: The OFT are quite clear, as are the ICO that they do not deal with individual complaints. However they are the correct bodies to report unlicensed and unregistered activity to. They will then refer the matter on or sign post you to to the appropriate body to deal with any complaint that arises from that activity.

 

Bonus!

 

Although my initial contact with the OFT was with regard to Southbank's unlicensed activity, it appears that they are not overly happy with what they have seen within the correspondence between Arc and myself that was sent as evidence. They have said that it is part of their remit to monitor license holders, (such as ARC), and asked for my permission to keep and use the information and documentation with regard to any reviews on fitness to hold a consumer credit license. It is of course my civic and moral duty to agree to this request.

 

Still not heard from Arc themselves. Four nonresponse in a row.

 

I did a search and have tried to make contact with some others with regard to Southbank. Please do get in touch with the OFT and ICO with regard to Southbank if you have been pursued by them or agent on their behalf.

 

With regards,

SP

[Possom1103]

Hi Scruffy professer,

thanks for your email. I have received no correspondance from them since I asked them to send me the proof of debt. They told me they would and it would take 4-6 weeks. The only further letter I received was to offer me a deal of half the debt if I paid it within 7 days. I would like to help and still have all letters they sent. Is there anything I can do to aid you?

 

Regards

[Possom1103]

Sorry, only just read through the above. I will send copies of letters and a brief history of my dealings with them to the 2 above addresses. I am worried that many people may have paid this company money that in know way they owe. I did contact the FSA, but they wasn't interested, nor were Consumer direct. You have done some excellent work may I add.

[Reader]

Subbing, excellent information.

[sillygirl1]

One wonders if them being in Redhill (next town to Reigate) has anything to do with a certain DCA under scrutiny, it seems far too co-incidental for my paranoid mind!

[ScruffyProfessor]

Hi,

 

I have now received a response from ARC. It goes along the lines of:

 

"Very sorry, we know we should have answered your letters, complaints and statutory requests, etc. And I can assure you I will be speaking to our compliance manager about this." (I even got my one pound back from the CCA request, small things please small minds).

 

They claim Southbank were a new customer and deny any prior knowledge that they did not hold a CCL and were not registered to process data, and acted in good faith (not their fault in other words, and clearly detail that all they did was under instruction from their client).

 

However this is about Southbank and the upshot is, that now they have been informed, Arc will no longer be representing them in this matter. If they did continue their own fitness (already dubious to my mind) to hold a license and be registered as a data controller would be called into question for dealing with an unlicensed and unregistered third party. This now gives me the opportunity to deal direct with Southbank.

 

OK, so Southbank are now standing alone in my particular case, and no license means that not only should they not have purchased debts under the CCA, but they are also not entitled to try and collect or SELL IT ON.

 

They will be informed of this in writing just so they can't plead ignorance.

 

Possum1103, thanks for considering sending your info to the regulatory bodies to. It will help prove the case that they have been engaged in multiple counts of unregulated debt collection and data processing.

 

If any one still has anything ongoing regarding Southbank don't forget if they are still acting through a DCA let them know and point out to that agency that their own license etc could be at risk if they then continue to represent them.

 

SP

[ScruffyProfessor]

I have had a further response from the ICO. it goes along the lines of:

 

Further to your inquiry of 3rd September (which I actually sent on the 8th), from the information you have provided, we are unable to find a registration for Southbank Capital ltd.

 

If you wish to submit a complaint on a company's non-notification, please write back to this office with details.

It's taken nearly two weeks to verify that Southbank are not registered, it took them only 20 seconds to verify that on the phone? And two sentences as a response to a four page account and breakdown with supporting documentation!

 

I may be being a little unfair here, as the background and supporting documentation also had indications that Arc had failed to comply with certain requests under the DPA, and they may just be clarifying what I'm actually asking them to look into. I will be dealing with Arc separately.

 

With that in mind I have tried to make my response much clearer:

Yes please! I would like to make a complaint about Southbank's non-notification and processing my personal data whilst prohibited to do so under section 17(1) of the Data Protection Act 1998.

Let's hope that helps a little

 

SP

[JS111]

I've received 2 letters from a DCA today, also on behalf of Southbank Capital regarding a credit loan agreement with London Scottish Finance, no idea who LSF are and have never had any dealings?!

 

One letter is a you must pay from the DCA.

Client: Southbank Capital

 

Followed by lots of "may this" and "may that" in 48hrs

 

The other states

 

PLEASE NOTE THIS IS NOT A PAYMENT DEMAND

 

Then goes on to tell how my debt with LSF was assigned to SC Ltd who now apparently legally own this debt I know nothing about.

 

Then goes into how future payments under my credit loan agreement (?!) are to be made to the DCA and that I should phone them immediately.

 

Sounds pretty much identical to your situation SP. Any suggestions on my first step? Write to the DCA about SC?

 

Tempted to ignore but as the below set my mind at rest it would be unfair not to support it

[Possom1103]

Hi JS111,

I had the exact same letter as you have recieved. Same companies named as yours. recieved them in December. In my own situation, I contacted them and sent them a recorded letter asking to send proof of debt. Don't send them anything with your signature on.

After I asked them to send it, all I got next was a letter asking me to pay the debt at a special half price one off offer.

I have heard nothing since.

That was the advice I was given by many who have had the same letters.

I have sent off 2 letters as requested above and hope to help in getting this bogus company stopped.

[sillygirl1]

Considering London & Scottish Finance (the company who repossessed me three years ago - well will be on 10th October) are in administration with no buyer and (so I've been informed) should be defunt by April 2010 its a bit much they are using this bogus company to claim for them.

 

I would also report to the Information Commission that London & Scottish Finance are in administration (Robinson Way 'accidentally' sent me some info on who their administrators are... if I can find it I will post it up) and therefore they are attempting to collect on a debt where it is unlikely the original creditor will receive the funds deemed due that might put the cat amongst the rats......

[ScruffyProfessor]

Hi JS111,

 

with regard to your particular issue, I would suggest that you automatically send the 'I Acknowledge no debt and CCA request' letter. This legally puts the account into dispute. This will help if the DCA decide to keep pushing despite the fact that their client Southbank are acting illegally, (don't forget a lot of DCA's don't get paid if they don't get you to pay!). If you are a real newcomer to this and need specific step by step help you may want to start your own thread, as your situation may get more attention in the debt collection agencies category. I would hate for you not to get the support you need, and there are some very talented people on this site from whose help you could benefit. Even if you do decide you need your own thread I hope you'll stick with this one too and keep us updated with regard to Southbank.

 

One thing I would say is do the verification about Southbank as at the beginning of this thread then add a line in your CCA request to the DCA, (as I have no doubt that their letter says all correspondence to go through them), to point out that their client Southbank do not hold a Consumer Credit License so are not legally entitled to be dealing in debts, nor are they registered with the ICO to process personal data. Also remind them that to continue to deal with third parities whose fitness is called into question, (being unlicensed and unregistered is defiantly classed as very questionable fitness), would result in their own fitness to be called into question too. With regard to Arc they dropped Southbank like a hot potato!

 

Once you've had the letter to say that they'll no longer be acting on their behalf you can happily deal with Southbank direct.

 

Another thing is to make sure the OFT and ICO are aware about Southbank's dealings. Also Tell the DCA you've done this.

 

Possum thanks for sending those letters, I've also been googling other debt forums and trying to let them know about Southbank and guide them to this thread. I told Southbank in my letter to inform them that Arc had stopped acting as an agent, and that as they had no consumer credit license that they were not legally allowed to try and collect on, PASS ON or SELL this alleged debt that I was actively looking for, encouraging and where possible supporting people to report them and bring them to account.

 

SillyGirl1, Bogus company may well be right, as although being registered in 2006 Southbank were registered with companies house as 'Other' as a business category (out of all the thousands of options they couldn't pick one?). They have a one page website which claims they deal in 'distressed assists', all smacks of a bit of a front to me. These accounts were probably passed out for just pence, as part of winding up LSF with little regard to who to. Almost defiantly something worth reporting there.

 

SP

[ScruffyProfessor]

Sorry JS111, I meant to say:

 

DON'T Phone them!

 

I know you didn't mention which DCA it was, but it really dosn't matter, don't phone them, ever.

 

Do it all by post,

 

SP

[ScruffyProfessor]

I have received another letter from the ICO.

 

This time before giving me a full responce they would like to see a copy of a credit report where Southbank have entered a default.

 

Nothing in my CallCredit report but I'm still waiting for Equifax and Experian (who are doing the usual runaround tactics).

 

I'm not sure at the moment if they are only focusing only on the aspect of whether Southbank have entered a default with a CRA or in conjunction with it being held, and passed to ARC.

 

I'll ask for clarification when I get all the credit files in. As ARC quite clearly stated, on several occasions, that they received my personal details from Southbank. This to me, proves that Southbank have been storing and processing my personal data, doesn't it?

 

SP