Alleged Orange Debt, Arrow & Fred's, swanky new paperwork!

[Crazy Diamond]

Received a new one this morning page 1 from Orange saying they sold the account to Arrow in Dec 2012.

 

Page 2 is from AG, "Notice of Assignment", telling me Fred's are the ones handling it and to contact them, with a "fair processing notice" at the back, which I haven't scrutinised yet.

 

Page 3 is a cute "FAQ" page with little speech bubbles in pastel colours and whimsical fonts.

 

Now then, has anyone already seen these/scanned them on here? I'm happy to scan them later on if not, but not to do it if it's old hat, lol.

 

Like I said, I have never seen this one before, but then DCAs have been giving me a wide berth for a while, lol.

[citizenB]

Sounds very interesting. I havent seen any posted up already, so if you are happy to share

[Crazy Diamond]

Ok, will dust off the scanner shortly.

[citizenB]

Thank you

[Crazy Diamond]

Here we go, sorry about delay, my scanner was "doing a pope", as it will henceforth be known.

 

[Crazy Diamond]

page 2:

 

[Crazy Diamond]

page 3:

 

[Crazy Diamond]

And finally, page 4 (cos that's the way I roll):

 

[citizenB]

The information in their Fair Data processing sheet could be wrong. They say the information will be kept on the CRA's files for 6 years after the account is closed.

 

Closed as in what point.. from the date the account is terminated by the original creditor !

 

It was my understanding that the account drops off the files 6 years after the first default is recorded ? I will have a check later on.

 

It is very erm Pretty isnt it ?

[Crazy Diamond]

 

Yeah, I thought so too, it almost looks professional!

 

I think there are a few more things which may be, if not downright wrong, somewhat misleading, and yes, the 6 yrs and CRAs thing is one of them.

[Crazy Diamond]

I have in particular a problem with the "if they have purchased my debt, does it mean the amount is paid off? - No, (...)". I can think of plenty of circumstances where this is quite the opposite of the truth, to put it kindly.

[Crazy Diamond]

Oh, and the assumption that because they've bought the debt, they're also entitled to process your data... I don't believe that this has actually been tested in court, and I am still of the opinion that no, you can't transfer data processing rights with no comeback from the victim, sorry, subject, IMO, once sold off, if I notify the buyer that I don't give them permission to process my data, they can sod right off.

[citizenB]

I knew I was right....

 

Point 24 - Page 12 in the attached pdf..

 

The record should be removed six years from the date of the default so that the customer is not disadvantaged over those who have made no effort to pay whatsoever.

 

Also, I read this as the record should be removed from the actual date of default and not the manufactured date which happens because creditors etc dont place one for up to 6 months afterwards !!

[ATTACH=CONFIG]41740[/ATTACH]

[citizenB]

Oh, and the assumption that because they've bought the debt, they're also entitled to process your data... I don't believe that this has actually been tested in court, and I am still of the opinion that no, you can't transfer data processing rights with no comeback from the victim, sorry, subject, IMO, once sold off, if I notify the buyer that I don't give them permission to process my data, they can sod right off.

 

 

It has always been my argument that if the "new owner" is unable to provide the paperwork that they say gives them the right to process the data, then they are not entitled to. Until such times as they do provide that paperwork, then they should be prevented from processing.

[Crazy Diamond]

TBH, until a judge tells me otherwise, I will not accept that the selling of the debt means that the DCA now can collect from me.

 

If the debt has been sold, it is then written off against tax by the OC. They've washed their hands of it. That money no longer exists, if it ever did. They made what profit they could from selling it and then wrote off the rest.

 

Does that mean I owe the "new" creditor? I don't think so. I didn't borrow money from them, I didn't buy goods from them, I never had a contract with them, so they can f* right off as far as I am concerned.

 

So far, not one of them has tried to test this with me in court.

 

And that definitely goes with processing data too! (not that it bothers me if they do, I don't give a toss whether my credit file is wrecked or not)

[WIDYCHI]

Crazy, I couldn't agree more!

As most of us now know credit is created out of thin air when you sign on the dotted line, so who really loses anything?

 

My own experience with Orange, Arrow & Fred's ended with me reporting them to TS who dealt with it for me and have never heard a word from them since.