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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

GDPR potential to hit DCA and Credit Reference Agencies.


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Update on General data Protection Regulations due to hit in may 2018

 

There is a overt permission of Data Subject to consent to processing of data, so a CRA processing John Doe's data without him knowing could fall foul. Likewise a DCA. Full implications are not yet known

 

http://www.idgconnect.com/blog-abstract/26688/what-gdpr

 

http://www.idgconnect.com/blog-abstract/24273/gdpr-probably-won-decimate-businesses-leave-burned

 

Discuss?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Subject Access Requests will be free.

 

Today in the UK we can demand that organisations reveal what they hold on us for £10. Under GDPR these requests will be free and that change might encourage an already ongoing boom in these requests because many individuals are deterred by having to pay even this small sum. Cordery’s Armstrong says subject access requests are ten times more common than two years ago in the UK. He believes that they could be used to disrupt targeted organisations with protest groups potentially coming together to create hundreds or thousands of coordinated challenges that act “like a DDoS attack”.

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Subject Access Requests will be free.

 

Today in the UK we can demand that organisations reveal what they hold on us for £10. Under GDPR these requests will be free and that change might encourage an already ongoing boom in these requests because many individuals are deterred by having to pay even this small sum. Cordery’s Armstrong says subject access requests are ten times more common than two years ago in the UK. He believes that they could be used to disrupt targeted organisations with protest groups potentially coming together to create hundreds or thousands of coordinated challenges that act “like a DDoS attack”.

The UK is fully signed up to GDPR, and it is the Consent conundrum, as millions of people have not de facto consented to have their data handled by CRAs etc the DCA and CRA assume they have the automatic right to process the data, sadly under GDPR if someone withdraws any implied consent and carry on processing the data, they may well fall foul of GDPR and be in a bit of a pickle. and yes no doubt protest groups might target Banks and DCAs

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Banks and the like may well send out the data held and if they get another SAR tell the applicant that nothing material has changed since the last application. Wastes a stamp but not a forest.

Truthfully though, how many fo these swivel eyed loons are there wo are going to casue the country's financial syatems to grind to a halt while they service these requests. i thought they ahd all ceased banking with Barclays, RBS and anyone else as a matter of conscience so no harm done to anyone other than the Co-Op bank and they are broke anyway.

The more anaerobic dca's will just ignore ot tell lies anyway and add the new applicat to their database to demand random sums from later.

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.

 

The more anaerobic dca's will just ignore ot tell lies anyway and add the new applicat to their database to demand random sums from later.

And hopefully be reported to ICO and get a massive fine for breaching GDPR.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I hope- but I expect a few to just melt away and then remorph as a slightly different one. The key here is to chase the people who hire them as per Vidal-Hall v Google and VCS v Philip as well as the dca. name them both on the court claim and behaviour will change.

 

I do wonder how companies who misuse data for marketing purposes will fare- you know the sort- they claim that you didnt tick a box on p31 of their T&C's to refuse marketing from any organisation they have sold lists to o are entitled to harass you any time, day or night.

 

I am having a battle with Aviva over this, they admit they dont have any evidence of even incorrect or non-existent box ticking yet claim as they say it is true it must be. Shame they cant determine my sex or name correctly in their record search. They offered £75 compensation as long as I accept they are always right even when the paperwork sent shows they are clearly wrong.

 

Told them I would accept a box of choccies and no cash at all if their CEO just admits they have screwed up rather than blaming me. the thought of some minion having to even contact the upper floors of Head Office will probably mean no choccies and apology but an improved cash offer " as a gesture of goodwill"

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You are probably right EB, but reality will bite the DCAs on the bum with GDPR.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 year later...

No unless its a uk company passing it

Stuff all anyone in india can do with it anyway!!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

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Is it just me, I feel very uneasy knowing what kind of information a CRA can hold about me or anyone?

What right do they have to create a dossier about anyone?

If its in the small print of some credit application form I signed I was never made aware of it.

GDPR has made me aware of how big companies seem to be able to do what they want with my data.

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Box for DPA has always been above the signature box on all credit and loan agreements...not sure how you missed it..

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Why should you?what is your real problem?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Forget it

Been debated to death here already since 2006

 

Read post 12

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought probably wrongly that I owned my data?

Not some multi national corporation.

 

I once asked a CRA to correct an error on my credit record to which they replied to me to prove the error.

 

This related to a Radio Rentals agreement in Northern Ireland.

I have never and still haven't ever been to Northern Ireland.

 

Just there unwillingness to correct an obvious error finished me with CRA's.

 

Anyway that's a long time ago.

I'm more interested in how GDPR pans out.

Maybe is some hope for the man in the street.

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I also was wondering if you want to see the info an agency holds on file for example equifax should this be given to you free of charge or would they ask you for a subscription to view your credit report

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Just looked at Equifax and they say free for the first 30 days then you have to pay, does this contravene GDPR rules?

 

Could you provide a link ?

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No. They sell your data back to you by offering to help you manage your data file with them for monthly fee. You can use thgis route but you must cancel before the end of the month or they will charge your card.

My understanding is that before GDPR you only had to send a request with a £1 to get your file, but now you should be able to make the request under GDPR and it should for free.

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