CapQuest CAT debt - made DD to Restons - DD changed to Dryden without my consent?

[thedryad]

For a while now I've been paying small amounts "owed" to Capquest, directly to Restons who were dealing with it. I was paying via direct debit. 

Last week my bank informed me via e-mail that a new direct debit had been set up to a company called "AllPay ltd RE DFS Ltd". As I didn't recognised it I phoned my bank and cancelled it. 

 

Yesterday I received a letter from Drydens Fairfax saying that they had bought the debt from Capquest and that any correspondence now had to be made to them, and also that I didn't have to do anything as the direct debits would now go to their bank account via Allpay Ltd! So that explained the direct debit that appeared on my bank account without my consent. 

I also received a letter from Capquest yesterday infoming me of the same, and that they had "Passed my account details and payment history" to Drydens Fairfax. 

 

I am outraged that a company would pass on my BANK DETAILS to a third party without my consent. 

 

Not only did I not agree to this but surely this is against data protection laws?

 

I intend to fight this as I did not ask for this company to buy my debt, and I bet they don't have a CCA. 

 

My question is, what template letter should I start with? 

 

[AndyOrch]

I fully agree and thats why this infested industry needs renewed regulation ..they have carte blance ...not complying with the LoP Act or the CCA1974  nor the DPA.

 

Click the underlined CCA in your post.

 

Andy

[thedryad]

Thank you. With regards to the original creditor passing my bank details and personal details onto a third party, what can I do?

It also has my old name on and on the bank details that they said they held for me, my old name, which of course is not the name on my bank account. 

Anyway I've cancelled that DD now so they're not getting anything from me. But I do want to take action against Capquest for passing on my bank details. 

 

[dx100uk]

drydens don't buy debts..they are solicitors...

are they all not part of the arrows group anyway?
 

 

[thedryad]

They are part of the arrow group, however Capquest passed it onto Drydens and passed them my bank account details, which is wrong. 

[dx100uk]

no its not.

the sols be it restons drydens or whomever are working for their client capquest.

 

[thedryad]

Capquest, or restons, passed my bank details onto another company without my consent. 

Min my opinion, that should not happen. 

This means they must have stored my bank account details, which is illegal.

[dx100uk]

no you've already given your consent on the agreement you made with the original creditor.

but anyway..as andy eludes too

why are you blindly paying a DCA or their dogs anyway?

have you ever sent a CCA request?

whats the debt?

[thedryad]

It’s a catalogue sent to shop direct.

 

[London1971]

Not sure why Martin Lewis never covers this on his programme.  He should be shouting from the rooftops. Don't pay DCA's without a CCA.  

[fkofilee]

DX - Under DPA they are allowed to sell the account as part of the T&Cs but financial data is covered under PCI DSS Compliance and they cannot "Just" send financial payment details to another company and set up a DD willie nillie. They need consent from the SC / ACC holder and a signed DD Mandate. 

This is a very very shady thing to be doing. If paying by Standing Order however - Its different as the Debtor is in control of payments and while the company can see SC / ACC on payments, they cant just set up a DD  

 

I believe that the ICO needs to get involved here.

[dx100uk]

I would suspect the org dca mandate was done to cq?

how did you sign up to paying restons and why no cca?

[thedryad]

Because, Restons got a CCJ against me for ANOTHER debt I didn’t pay, not only that but all correspondence was sent to my old address and CCJ was without my knowing until the new owner of my old house moved in and forwarded the mail to me (house was empty for a year).

 

When I received letter regarding this debt, I was scared and Restons bullied me. I’d been very ill, and wasn’t able to fight, so I just agreed to pay it.

 

Stupid thing is, in the past I’ve foufhg loads of debts and had them either written off or just left, and are now statute barred. So I know what to do I’m just rusty at it and need a bit of help and support. 

 

 

[dx100uk]

Was this over the phone too?

never mind CCA time

[thedryad]

Yes.

[dx100uk]

God know whhat !mandate you agreed to then

[dx100uk]

title clarified and moved to the CAT forum

[dx100uk]

On ‎15‎/‎03‎/‎2019 at 16:22, London1971 said:

Not sure why Martin Lewis never covers this on his programme.  He should be shouting from the rooftops. Don't pay DCA's without a CCA.  

MSE never has, nor no mainstream media...even radio 4 shows

[dx100uk]

On ‎15‎/‎03‎/‎2019 at 19:18, fkofilee said:

DX - Under DPA they are allowed to sell the account as part of the T&Cs but financial data is covered under PCI DSS Compliance and they cannot "Just" send financial payment details to another company and set up a DD willie nillie. They need consent from the SC / ACC holder and a signed DD Mandate. 

This is a very very shady thing to be doing. If paying by Standing Order however - Its different as the Debtor is in control of payments and while the company can see SC / ACC on payments, they cant just set up a DD  

 

I believe that the ICO needs to get involved here.

yes std CAG advise is to use SO not a DD

 

but this was done over the phone and unrecordedi suspect... before the OP was wise from CAG advise.

 

I would suspect that the reston dd has been cancelled and a new one,  following the clients instructions set up via drydens, with previous permission gained over the phone, under their  client instructions to be able to do so. 

 

agreed not right.

agreed short practice

but a payment via dd was agreed to a solicitor operating under their clients instructions to do so...

those instructions were carried out...

 

an sar to CQ, restons & drydens might prove useful, 

but if there is really any there there to go after is debatable...

 

 

 

[thedryad]

Thanks for the info so far. 

I've sent a CCA request with postal order. 

I want to write to Capquest aswell to complain about them passing on my data (direct debit details) to another company, as from what I understand after a little bit of research, they have breached GDPR laws. 

Is there a template for this? 

[AndyOrch]

Not sure about GDPR laws.....possibly Banking and the Direct Debit guidelines.

[thedryad]

They’ve replied outside the 12 days (it’s now been 21 days since they signed for my CCA request) saying they have referred my request to their client. They’ve also returned my postal order. 

 

[AndyOrch]

Take a read of the following thread last 2 pages...may be of interest,

 

 

[thedryad]

Still not heard from them so they are now in breach - I assume I now ignore any future requests for payment from them?

 

On ‎11‎/‎04‎/‎2019 at 11:44, thedryad said:

They’ve replied outside the 12 days (it’s now been 21 days since they signed for my CCA request) saying they have referred my request to their client. They’ve also returned my postal order. 

 

 

[dx100uk]

correct until/unless they comply