Can Debt Collection Agencies search credit searches without your permission??

[tbern123]

An awful lot of defaults refer to the agreement being terminated if the debtor does not comply.............so default can mean terminated

 

They can mean terminated, but usually don't....

 

Yes default notices do make reference to the termination, but it should not be read that the agreement will automatically be terminated. I would strongly advise against presuming an agreement has been terminated, unless you have received formal notification to that effect.

 

You will find that most agreements that have been sold to DCA's have not been terminated. Remember CCA 1974 189 Definitions - Creditor....

 

When a debt is assigned (sold) the DCA becomes the creditor, and it is then their responsibility to provide info and documentation under s77, s78

[JonCris]

The termination is usualy qualified by the term...........if the you do not comply with this default notice by so & so (soon to be 14 days) then the agreement will be terminated...........not may........not might...........but will ..........................It is also stiil the DCA's duty to supply the docs if they are to prove the debt as without it they cannot.

 

What we are talking about is stopping them from proccessing data

[tbern123]

The termination is usualy qualified by the term...........if the you do not comply with this default notice by so & so (soon to be 14 days) then the agreement will be terminated...........not may........not might...........but will ..........................It is also stiil the DCA's duty to supply the docs if they are to prove the debt as without it they cannot.

 

What we are talking about is stopping them from proccessing data

 

Sorry, I don't intend to hijack this tread, but the the DCA's powers and ability to process data is based on the fact the original agreement is not terminated.

 

If a default notice does say will be terminated, I would send a copy of it to the OFT. As they have very clear guidelines in relation to the content and form of Default Notices.

 

For example:

 

Office of Fair Trading

Matters arising during the lifetime of an agreement

Consumer Credit Act 1974

 

http://www.oft.gov.uk/NR/rdonlyres/758A497C-254B-4A23-AC96-9B97B8C978B1/0/oft020.pdf

 

Clearly states:

 

The following statement must appear immediately before the specification of the action to be taken by the trader:

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]

 

I feel very strongly that people should not assume the agreement has been terminated. You know what they say when you assume something....

[JonCris]

Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

[Deepthroat]

Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

 

 

What point are you now trying to make Jonchris ???

 

You have made a leap from Default notices, terminating credit agreements to unfair bank charges ?

 

The point of this thread was:

Collection Agencies search credit searches without your permission??

 

tbern123, was able to correct your assumption that a default notice means that the credit agreement is terminated. As he/she said, DCA's can process your data if the agreement is not terminated..

 

*It is not a competition to determine who knows the most...

 

Sorry Joncris, I did not intead to cause any offence by my post.

[InKogneeToh]

Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

 

That's strange, I've just been communicating with someone with the same user-name as you on another thread!! Are you his doppelganger!!

 

No seriously, that's a very interesting hypothesis you have mentioned here but wouldn't that depend on prior judicial determination that the charges are indeed unlawful?

 

Regards, Pam

[JonCris]

What point are you now trying to make Jonchris ???

 

You have made a leap from Default notices, terminating credit agreements to unfair bank charges ?

 

The point of this thread was:

Collection Agencies search credit searches without your permission??

 

tbern123, was able to correct your assumption that a default notice means that the credit agreement is terminated. As he/she said, DCA's can process your data if the agreement is not terminated..

 

It is not a competition to determine who knows the most...

 

It is & as I have seen a number of default notices which clearly state WILL be terminated............& frankly I don't care what the OFT guidlines state...........if the creditors & the DCA's complied with the OFT guidelines then many consumers would not be having the problems they are.............As for your offensive remarks about it not being a competition..........who the hell are you to make such a comment about me........Your not a mod so I suggest you butt out

[Deepthroat]

It is & as I have seen a number of default notices which clearly state WILL be terminated............& frankly I don't care what the OFT guidlines state...........if the creditors & the DCA's complied with the OFT guidelines then many consumers would not be having the problems they are.............As for your offensive remarks about it not being a competition..........who the hell are you to make such a comment about me........Your not a mod so I suggest you butt out

 

Excuse me...

 

No offence intended, I was just making an observation. It just appeared that you took the dispute about your assumption personally. I will edit my previous post

[JonCris]

That's strange, I've just been communicating with someone with the same user-name as you on another thread!! Are you his doppelganger!!

 

No seriously, that's a very interesting hypothesis you have mentioned here but wouldn't that depend on prior judicial determination that the charges are indeed unlawful?

 

Regards, Pam

 

The argument is that they are unlawful & that is why they should not process the data & to do otherwise the creditor & it's agents would have to prove them lawful which means defending their charges in court...........we know this because members have had defaults removed on that basis & DCA's have been ordered to stop processing data.............this also applies if they default on the CCA./....they have no right to enforce the debt..........part of which is processing the data.........such as passing it to another DCA

[tbern123]

Excuse me...

 

No offence intended, I was just making an observation. It just appeared that you took the dispute about your assumption personally. I will edit my previous post

 

Thanks for the support Deepthroat... But I am more then capable of sticking up for myself...

 

Let's just stick to the point of this thread.

[joyce34]

my son-in-law and daughter looked through their credit report and noticed that sun alliance have done about sixteen checks in all between the two reports,yet they have nothing at all to do with sun alliance or ever have,can they do this legally.

joyce34

[JonCris]

Certainly not. I should demand some answers asap

[tbern123]

my son-in-law and daughter looked through their credit report and noticed that sun alliance have done about sixteen checks in all between the two reports,yet they have nothing at all to do with sun alliance or ever have,can they do this legally.

joyce34

 

 

Do they have any insurance policies with More Than by any chance ?

 

Products & Services Home | RSA

[joyce34]

no,only car ins with Tesco,nothing else.

Joyce

[JonCris]

Then you need to contact their data controller & demand an answer as to why the record has been searched without knowledge or consent You never know someone might have pulled a [problem] using false ID's