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A legal question


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Just a quick query that occurred to me - is it legal for banks to pass debts on to other companies without them first notifying you? Surely by giving out a persons details and passing them on to these 'loan sharks' they are in breach of the Data Protection Act?

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They are not in breach of the Act if it states on your agreement that they can assign the debt to a third party. In the agreement you sign to agree to that. They should send you a Notice of Assignment informing you the debt has been assigned. If they don't do this you are perfectly within your rights to withhold any payment until you have conclusive proof in the form of an assignment that the DCA has the right to collect the debt. On top of this it is always worth checking that there is an enforceable agreement.

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Always ask for the assignment in writing. You can refuse to deal with the third party if you do not have written evidence.

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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