No CCA? Processing your data? Get them a huge fine.

[fuzzybobble]

Data breach howlers to get up to £500,000 fine ? The Register

 

If there is no CCA available, then under the Data Protection Act they also have no permission to be processing your personal information. This also includes adding things to your credit file via the CRA's. As this can affect you financially and your ability to get credit, employment, renting/buying a house. Then it's possible it could be a serious enough breach of the DPA to get a DCA landed with a fine of up to £500,000

 

New rules from today, 6th April 2010. :o)

 

Shall we have a go and see if a few complaints from Cag members will sway them into dishing out some fines? If we don't try, we won't get.

[spamheed]

I would love to think that this is going to happen, but the DCA's will continue to take the p!$$ until one of them is hit hard

[fuzzybobble]

I would love to think that this is going to happen, but the DCA's will continue to take the p!$$ until one of them is hit hard

 

It's up to us to have a try. Nothing ventured, nothing gained. Also well worth the cost of a stamp. If they get a few complaints about the same company they may act on it. You never know, they may be eager to try out their new powers.

[MadAboutIT]

fb, any link to the legal bits?

[cerberusalert]

fb, any link to the legal bits?

Half a million pound fines for serious breaches of data protection - Ministry of Justice

[angry cat]

About time, something was done!

 

Up to now, the ICO appeared reluctant to take enforcement action!???

 

The $64,000 question, is will this be passed through Gov., and who will prosecute?

 

General Election due; May 6th 2010...I know who I will not be voting for.

[MadAboutIT]

LOL, Alistair Darling said in the 2007 data breach of CB

 

Mr Darling said he "deeply regretted" what had happened, but stressed there was no evidence of misuse of the data.

He told the BBC his confidence had been "shaken" by what he described as a "catastrophic" incident, involving "serious breaches".

 

 

source

 

 

Ratpack government would of wormed themselves out of this anyway if the legislation would have been in place then.

 

 

But just imagine the claims!

[cerberusalert]

I like to keep up with the data breaches which are reported at the bottom of this page; https://www.annualcreditreport.co.uk/account/login.htm

[straftat]

im guessing "serious" would mean losing a cd of someones health records with 10,000 names on it not a DCA ruining your life

[angry cat]

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/ico_guidance_monetary_penalties.pdf

[angry cat]

2 Power to impose a monetary penalty

The Act applies to the whole of the UK. It does not apply retrospectively therefore

monetary penalty notices will only be used in respect of contraventions occurring

on or after 6 April 2010.

[Mr_Homer_J_Simpson]

But didn't the ICO agree that no original agreement was needed to process data with CRA ?

[Bookworm]

I'd argue that if they can't prove there's a contract, then they can't show that you agreed to have your data processed by them and therefore they have no right to process it. I don't see how the ICO can possibly argue against that. :-?

[Bookworm]

Furthermore, the CRAs themselves can also be held liable for the breaches of the DPA, if you notify them that the data they hold is being unlwfully processed (due to lack of CCA as per above) then refusal to remove the disputed data surely would amount to a breach too?

[harrassed senior]

Very interesting but I would imagine will be a 'minefield' to negotiate. For instance, I have quite a large 'alleged' debt reported as 'closed' on my CRA file. It is still being updated monthly, though I have aletter confirming no CCA. Experian have refused catagorically to remove this, saying if it is closed it must at some point have been 'open' which is all they require!

[Jasper1965]

I'd argue that if they can't prove there's a contract, then they can't show that you agreed to have your data processed by them and therefore they have no right to process it. I don't see how the ICO can possibly argue against that. :-?

 

Sadly the ICO chooses to disregard the European directive on these issues which firmly places the burden of proof upon the persons making the entry.

[Mr_Homer_J_Simpson]

So then, let's make the most of cheques before they discontinue them !

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/257758-lets-start-fighting-back.html

[wilko1]

I have an alleged debt being chased by a DCA for a CC co. The DCA has informed me in writing on 3 occassions that the OC doesn't have a CCA. The latest letter I've received from the DCA is numerous statements obtained from the OC and a letter saying these prove you owe the money. I believe the OC has passed on my data to the DCA without having any signature from me giving them permission to do so. How do I complain, who to, who about and specifically what about?

[RoyalIrish]

Bump!

[harrassed senior]

You could try requesting the CRA's to remove your data file as the OC admits there is no Agreement therefore no proof of any permission to publish your data.

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

 

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

[RoyalIrish]

You could try requesting the CRA's to remove your data file as the OC admits there is no Agreement therefore no proof of any permission to publish your data.

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

 

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

 

Hasn't this been tried before many many times and it was a nightmare?

 

It is easier to get the DCA to repair your file by sueing them for harrassment!

 

Well, in my opinion it is!

 

Even getting these b*****ds into court will open the floodgates!

 

They would have literally NO defence at all!

 

No CCA, processing data, threatening letters, asking for money etc. etc. etc.

 

RI

[overdone]

Hasn't this been tried before many many times and it was a nightmare?

 

It is easier to get the DCA to repair your file by sueing them for harrassment!

 

Well, in my opinion it is!

 

Even getting these b*****ds into court will open the floodgates!

 

They would have literally NO defence at all!

 

No CCA, processing data, threatening letters, asking for money etc. etc. etc.

 

RI

Supposing, they have an application form though, signed by yourself, saying your info can be shared? Does lack of a valid CCA invalidate this form of consent?

[RoyalIrish]

No CCA means no permission to be processing your data.

 

If you think about it, how can they default you and report your financial dealings to CRA's without written consent?

 

This is what the Data Protection Act is for!

 

To stop this kind of nonsense.

 

How would you feel if you 'applied' for Private Medical Insurance and your medical details were then held on file and freely available for everyone to see and subsequently judge you upon them?

 

I think if it is an 'application form' you signed and not a CCA then under the Consumer Credit Act they have absolutely no right to be processing your data either.

 

If the application was refused for instance, that doesn't give them the right to open a file on you does it?

 

The DCA's will argue otherwise though.

 

There'in lyeth the problem!

 

It's getting these b*****ds in a suitable position where they are 'legally obliged' to show good reason why they are processing your personal financial data.

 

You can write to them a million times warning them of their wrongdoings but they will not give a damn.

 

Unless you are fully prepared to report them continuously to the powers that be they will not stop.

 

Some of their reasoning for this behaviour is warped and in all actuality blackening your credit file, when they have no paperwork to say that a debt exists at all, is done purely to punish you for not paying them the moment they ask you for your hard earned cash.

 

Taking them to court for harrassment seems the way to go, OFT guidelines are VERY clear what is deemed harrassment.

Edited May 7, 2010 by RoyalIrish

[overdone]

 

I think if it is an 'application form' you signed and not a CCA then under the Consumer Credit Act they have absolutely no right to be processing your data either.

 

If the application was refused for instance, that doesn't give them the right to open a file on you does it?

 

The DCA's will argue otherwise though.

 

There'in lyeth the problem!

 

It's getting these b*****ds in a suitable position where they are 'legally obliged' to show good reason why they are processing your personal financial data.

 

You can write to them a million times warning them of their wrongdoings but they will not give a damn.

 

Unless you are fully prepared to report them continuously to the powers that be they will not stop.

 

Some of their reasoning for this behaviour is warped and in all actuality blackening your credit file, when they have no paperwork to say that a debt exists at all, is done purely to punish you for not paying them the moment they ask you for your hard earned cash.

The problem in a nutshell.

[whitedog33]

So has anybody here threatened legal proceedings and got defaults removed. A guy from the states suggests a 3 throng approach rangig from polite requests to threatening litegation..

 

I want to clean up my file but admit it looks, well totally confusing. I do understand however that if a CCA is not produced then it seems unlawful for the DCA to be processing data..