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Debts and the data protection act


mrcaptain
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It is written into all credit/hire purchase/service contracts

terms and conditions that you agree to the creditor informing

the CRAs of the conduct of your account and as with DCAs

you will find you have agreed to the information/debt being

sold or assigned to a third party, this is the basis of the sale

and or assignment of debt.

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If there is no authority for them to do it then yes, this would be a breach, however in most cases it is enshrined in the small print of a contract or agreement that in the event of non-payment, details may be passed to third parties for collection or credit reference reporting etc.

 

Of course if the creditor cannot produce an agreement or T&Cs which explain this, then that is different altogether, but not many Data Protection arguments seem to change DCA behaviour!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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There is of course now the recon agreement

the acceptance of an application form stamped

approved with statements showing use of the account.

All of this and even more case law makes the absence

of the CCA less effective as a defence.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There is of course now the recon agreement

the acceptance of an application form stamped

approved with statements showing use of the account.

All of this and even more case law makes the absence

of the CCA less effective as a defence.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Share on other sites

There is of course now the recon agreement

the acceptance of an application form stamped

approved with statements showing use of the account.

All of this and even more case law makes the absence

of the CCA less effective as a defence.

 

really! all down to the judge lotto! never ever pay the dca [email protected]

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As you say, but then a CCJ/warrant of execution

stat demand bankruptcy are civil matters some

with the most serious consequences some of which

I have to deal with on a frequent basis!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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