1st credit now Intrum chasing old Halifax OD

[TheDarkKnight]

I’ve been dealing with a DCA for a few years regarding an overdraft debt.

 

For now the DCA in question will remain nameless.

I haven’t paid them anything as I had previously queried the authenticity of the notice of assignment as I believed it was not genuine and the person who had allegedly signed the notice did not infact work for the OC at the time

 

. I asked for the name of the staff member who had created the notice on their systems and they responded by saying that they ask external third parties to print customer correspondence.

 

About a year ago I sent a DSAR to them.

They sent a very large bundle of my personal data in an ordinary paper envelope by royal mail. no responsible, sane, level headed person would have done that. 

Needless to say the envelope split open whilst in transit and royal mail had to repack the envelope in a clear ‘plastic’ sleeve and posted it to me.

 

When I inspected the documents it was obvious that they were not in order leading me to believe that someone in the royal mail had had unauthorised access to my data.

 

complained to the DCA and sent them photos of the split envelope and advised them that as a breach of the GDPR had occurred they are to report it within three days to the ICO and the OC  they are also to advise the ICO that they use third parties to print customer correspondence.

 

They finally sent me a final response in which they state that they are not at fault, no breach of the GDPR has occurred and that it is royal mail's fault because the plastic sleeve had the following words printed on it ‘our sincere apologies we are very sorry that this item has reached you in this condition’.

 

The letter also mentions that they are entitled to use external parties to print letters to customers!!

 

Do you guys believe I have a valid case to report to the ICO and also claim compensation?

 

As the data controller they are responsible for ensuring that my data is always secure and ensure that unauthorised persons do not gain access to it, this has happened with the envelope splitting open and the fact that they confirmed that they use external third parties to print customer correspondence.

 

I have actually been quite worried and stressed by this as my ID can be cloned and fraud committed in my name.

Thanks for your help.

[dx100uk]

It came apart Within royal mail control and was just bagged up

Doubt there was any breach TBH.

 

why did you sar a dca?

pointless

 

 

 

 

[TheDarkKnight]

if a debt has been assigned to a DCA and that DCA subsequently assigns it to a second DCA, is the debtor's permission/agreement or a deed of novation needed for the subsequent assignment as the parties to the contract are changing?

 

[AndyOrch]

No permission is required it can be assigned numerous times .......and novation is not used in debt assignment.

 

Andy

 

Thread moved to the appropriate forum.

[dx100uk]

probably part of the same group

so its not actually 'gone' anywhere

 

who from and too please?
 

 

[TheDarkKnight]

Hi thanks for the replies.

it was originally assigned to 1st credit finance 3 ltd.

Then I had a letter from intrum uk finance ltd in 2013 stating that it has been assigned to them by 1st credit finance 3 ltd.

 

it was for a balance outstanding on a current account overdraft,

but I don't think any signed t&c's or application form has ever been provided to me.

[dx100uk]

intrum purchased 1st credit.

so its gone nowhere.

 

when did you open the bank account?

who was the original creditor?

[TheDarkKnight]

the original creditor was Halifax. I think the account was opened around 2006.

companies house records show 1st Credit finance 3 ltd was dissolved on 08/12/15.

As they are ltd companies, surely they are separate entities altogether.

[AndyOrch]

What date was your last deposit/ or usage of the account ?

[TheDarkKnight]

The last time I remember using the account was in 2010. the balance was nearly £2k over drawn

 

However, from the statements the DCA has been sending me the balance has been reducing by about £50 per annum.

Thats because for some reason halifax have been receiving a credit of £50 from somewhere which they are passing to the DCA.

 

I've never queried this and don't know where it's coming from!

 

Further to my earlier post, i found a one page application form that I signed in 2007.

[AndyOrch]

The debts now statute barred anyway...you have not been making the credits....send them our Statute Barred template and forget about it.

 

Andy

[dx100uk]

and ofcourse was never a joint account?

[TheDarkKnight]

No, it wasn't a joint account

[TheDarkKnight]

Would it be statute barred, because the dca could say it was assigned to them and they are the legal owners and have been sending me letters

[AndyOrch]

Thats got nothing to do with being statute barred.....there can be 100s of assignments...but if you have not acknowledged or made any deposits within 6 years ...the debt is dead.