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Debt collectors can view bank transactions??

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Ok so we have a debt collection agency working on behalf of Abbey to collect on an overdraft we owe them. We requested all our bank details from Abbey but was sent them via the debt collection agency with all our bank details on!!

Is this ok cos personally i would have thought the bank has broken its confidentialty ??

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ok and is there a type of letter I should send my bank which will have big words in it to make them quiver a little?? :wink:

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Guest Cartaphilus

Is it me or are there really 8 guests viewing this thread right now? :!:

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Guest Cartaphilus

Just out of curiosity, but would this DCA be an in house collections department of Santander, formerly known as Abbey? Just wondering, as it could explain a few things.

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Sounds like an in-house debt collection "company".... which in some cases is the next desk along.

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its with abbey and its Moorcroft pre court division sending the unsigned letter saying we have 14 days to comply.400 of this overdraft is made up with bank charges as well

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I don't think Moorcroft is part of Abbey. You should report both Abbey and Moorcroft to the ICO, you can lodge a complaint today.

Have you done any thing about these charges (£400)?. Don't forget you want contractual interest added to the charges. It might be an idea to get cracking, that will help your case.

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The bank should definitely NOT be giving this information to these cheap, cowboy outfits. Moorcrap has no more idea of keeping data safe than my cat has. There has been a breach here, as the Bank should ONLY give the DCA enough information to enable them to collect the debt. (i.e. your name and address, their ref no and the amount) There's no way I would trust Moorcrap - or their "pre school division" with anything. They should have referred the request to the bank, and the bank should have sent it to you direct.


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Pre court action on your part letter I think to both companies!

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Data protection anyone?

 

Definately a breech of the DPA.

 

According to the Data Protection Act and its Penalties on the Government website, an individual "data processor" can be fined up to £5000 per incident and they are even considering a custodial sentence, it is going through the Lords now. The employing company can also be fined anything up to £1 million!


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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its with abbey and its Moorcroft pre court division sending the unsigned letter saying we have 14 days to comply.400 of this overdraft is made up with bank charges as well

 

Oh dear..... definitely NOT a part of Abbey. Complain to the ICO, as said....

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Ok il complain to the ICO now.Should I tell Abbey that they have breached confidentiality issues and we have reported them or should I write something to Moorcroft telling them to sod off.Im not to good with letters are there any templates?? Im so thankful for your replies,we did actually think straight away that it should have come from the bank and not from a DCA.Havnt done nothing about the charges cos we didnt think you could still claim them because of the court case??

Thanks again x

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Ok il complain to the ICO now.Should I tell Abbey that they have breached confidentiality issues and we have reported them or should I write something to Moorcroft telling them to sod off.Im not to good with letters are there any templates?? Im so thankful for your replies,we did actually think straight away that it should have come from the bank and not from a DCA.Havnt done nothing about the charges cos we didnt think you could still claim them because of the court case??

Thanks again x

 

Ignore both Abbey and Moorcroft and send a complaint set our exactly as you have done here to the ICO. Obviously the terms to use are that they have breached the Data Protection Act etc by disclosing your personal information.

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But if I ignore them they will take things further?? it says we only have 14 days to respond. Il fill out the complaints form but are all complaints looked at and dealt with....if not things will esculate with bank/dca surely??

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Draft out the complaint to ICO and send a copy to Abbey.... both by rec. delivery. Moorcroft can't do anything in their own right as they don't own the debt and are only acting for Abbey.

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Ok im not trying to be a pain but if I send Abbey a copy of what ive told ICO this may give Abbey time to come up with some bulls**t story or other and it will give them a head start ??

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Ok im not trying to be a pain but if I send Abbey a copy of what ive told ICO this may give Abbey time to come up with some bulls**t story or other and it will give them a head start ??

 

On the contrary.... I'm not so sure they'd want this kind of behaviour to be public knowledge actually.

 

Re. the overdraft debt, they can't have what you haven't got..... so what kind of head start do you think they're hoping to get?

 

:-)

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so I should just pop a copy into an envelope for Abbey too then?? love it :-) and what address for Abbey is it the main one fanku xx

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My understanding is that some banks have Moorcroft stationary in their offices, to use when sending out the initial debt recovery letters. If you respond regarding the debt, the letters are handled by the banks staff and not touched by anyone from Moorcroft. I suppose that they might think that as the last letters were sent on Moorcroft paper, they had to make it look like they have passed on information in the way that they have. A bit silly really.

 

I have seen this in another bank, but they replied properly on the banks paper and did not try to maintain the impression that a DCA were dealing with it.

 

Will you get an admission that this is what has happened ? I suppose if you complained to the ICO, they might have to offer them the explanation on their processes. The banks processes will have been accepted by the FSA, who should have a flowchart of how the DCA letters fit into their accounts process.


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well surely thats a stupid thing in itself.I could have headed paper saying im a DCA and start posting to people saying they owe me money. If its from Abbey then it should be on their headed paper not some vile DCA x

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well surely thats a stupid thing in itself.I could have headed paper saying im a DCA and start posting to people saying they owe me money. If its from Abbey then it should be on their headed paper not some vile DCA x

 

The banks think that by sending letters on DCA headed paper that they are ramping up the pressure.

 

Normally banks only send these letters, after they have not received the payment due, following a number of letters sent.


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Guest Cartaphilus
The banks think that by sending letters on DCA headed paper that they are ramping up the pressure.

 

If true, then it seems duplicity knows no bounds.

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The banks think that by sending letters on DCA headed paper that they are ramping up the pressure.

 

Normally banks only send these letters, after they have not received the payment due, following a number of letters sent.

 

So why would Abbey then ring and say they are from Moorcroft and want to collect on the debt..surely thats kinda fraud as well?? not trying to be argumentative with you but it seems a bit far fetched that banks can have headed paper to companies they dont own and make out they are from that company and want payment?

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