Debt collectors can view bank transactions??

[Guest Cartaphilus]

Just wondering but where you heard about this practice? Wouldn't that be slightly dodgy them doing that eg an offense?

[discod]

Just wondering but where you heard about this practice? Wouldn't that be slightly dodgy them doing that eg an offense?

 

My thoughts exactly

[Guest Cartaphilus]

Got carried away, so removed my post. Sorry.

Edited October 25, 2010 by Cartaphilus

[discod]

Hi discod

 

That is out of order, I think you should report the matter to the ICO. DCA are only given basic details. http://www.ico.gov.uk/complaints.aspx

Have heard back from ICO and they have said there is nothing they can do but I should report them to the FO and see what they say.....nothing from the bank as yet

[harrassed senior]

Thats' outrageous - nothing they can do, IMHO you should go public or at least get your MP involved, I know, there as much use as, well, you get my drift:mad2:

[discod]

Yea gonna wait for the banks reply and see what bull they spout then il contact FO and go from there

[Legally Dumb Tina]

The FSO will more than likely say that as you are claiming a breach of the DPA, it is outside their powers and you must report it to the ICO. The FSO spend more time looking for reasons not to investigate than then they do actually investigating. It is up to either a court or the ICO to decide if the DPA has been breached so the FSO will be correct.

 

The FSO are useless at the best of times, but when they have half a reason to duck the issue, you can bet they will.

[discod]

so if the banks say the usual gump like they have done nothing wrong do i then threaten court action??

[discod]

Thats' outrageous - nothing they can do, IMHO you should go public or at least get your MP involved, I know, there as much use as, well, you get my drift:mad2:

 

think i sent it to the office of fair trading im now sending it again to the IRC in Cheshire x

[discod]

Ok had a reply from the bank this morning.....

My understanding of your complaint is that you feel that Santander breached the D.P.A by referring your account and personal information to Moorcroft. You had previously requested that information was provided by way of statements and copy agreement for the account (which never turned up!!) before you would begin repayments of the debt owed and this information was forwarded to you via Moorcroft.

Whilst I fully acknowledge that which you have been advised about the matter I am unable to concur that there has been a breach of code of conduct in this instance.When your account was opened you were asked to sign an application form which included a Data Protection Statement that advised we reserved the right to refer relevant personal and account details to external agents if required. In signing this form you agreed not only to adhere to the T & C of the account but to allow such a transfer of information to external agents who work on out behalf.

At the time you requested the information the account was already defaulted and closed.Once such action has been taken the account is referred to an external agent to be administered on our behalf. If the agent receives notification that specific information is required by the customer we will provide them to forward to the customer.

 

Just goes on to say no breach of codes of conduct were broken and is therefore unable to uphold my complaint.

Is that it are they right?? can I do anymore ?? any advice is appreciated thanks

[discod]

bumping please

[unclebulgaria67]

Discod

 

Sorry but Santander are probably correct in their reply. The t&c's of the account would have allowed them to pass details to Moorcroft.

 

I can understand your annoyance of Moorcroft having seen details of the transactions and if you wan't to take this further, you will have to examine with the ICO and others whether you have a right to privacy in regard to transaction details. Did the forwarding of statements showing transactions breach your right to privacy? Was the sending of these statements in this way not in line with the spirit of the t&c's you signed up to ? It is up to you to make the argument.

[rebel11]

The Eight Data Protection Act Principles

 

The act contains eight “Data Protection Principles”. These specify that personal data must be:

 

1. Processed fairly and lawfully.

2. Obtained for specified and lawful purposes.

3. Adequate, relevant and not excessive.

4. Accurate and up to date.

5. Not kept any longer than necessary.

6. Processed in accordance with the “data subject’s” (the individual’s) rights.

7. Securely kept.

8. Not transferred to any other country without adequate protection in situ.

 

http://www.yourrights.org.uk/yourrights/privacy/data-protection/overview-of-data-protection-principles.shtml

[discod]

Ok so can I ask to see this agreement?? the one I apparantly signed saying all my details can be passed to a DCA?

[unclebulgaria67]

Ok so can I ask to see this agreement?? the one I apparantly signed saying all my details can be passed to a DCA?

 

Yes, just ask Santander for the account sign up paperwork, which enabled them to process data under the Data Protection act and to pass on account information to third parties.

[discod]

thanks,will I need to pay for this service?

[dx100uk]

cca them £1 blank po

 

dx

[Seminole]

Just to be clear did you send a SARN to Abbey with a cheque for £10 or did you simply ask them for statements etc?

[discod]

heya no didnt send any money or ask for statements or anything we asked for a breakdown of the transactions and we got 12 sheets of direct debit payments,transactions etc.Whats a SARN and should I send for one thanks x

[miss muppet]

heya no didnt send any money or ask for statements or anything we asked for a breakdown of the transactions and we got 12 sheets of direct debit payments,transactions etc.Whats a SARN and should I send for one thanks x

 

Its this, see link below:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

[discod]

thank you il get that sent off x

[Seminole]

I don't think you have much of a complaint against Santander. You would have done if your original request was a SARN and they had passed the response through a third party. Given that you've had the info you've requested, I think you probably don't need to send them a SARN but it might turn up something else I suppose.

[discod]

I don't think you have much of a complaint against Santander. You would have done if your original request was a SARN and they had passed the response through a third party. Given that you've had the info you've requested, I think you probably don't need to send them a SARN but it might turn up something else I suppose.

 

Yes like proof I signed saying I gave them permission to pass on personnal details to a third party?! If people dont know about SARN'S it shouldnt make a difference and i will fight this all the way unless the proff does indeed turn up,also 400 quid is made up with charges

[dx100uk]

then if it ever went to court the charges issue will certainly be a counter claim.

 

dx