An idea to beat the DCA's, would it work ?

[djweeble]

I was just reading another forum, not connected with debt or charges.

 

A member there had a problem with a company passing on his details to third party's, and used the Data Protection Act to put a stop to it, this set me thinking (yes it's painful when you have flu).

 

If you have problems with a creditor, could you not stop them passing the account to a DCA simply by using your rights under the Data Protection Act and withdrawing your consent to them passing on your personal information to a third party.

 

Could this work ??

 

Would this work ??

 

Could you take legal action against them if they went ahead and did it anyway ??

 

Would this be useable as a defence against a DCA court action ??

 

After all, what use is it to a creditor passing anything to a DCA if they cannot (lawfully) give them your details as well

[Bailiffchaser]

Try it an see if it makes any sense as what you are saying could be impossible but on the other hand as a case progresses you can to change your line of action. Watch the mount of replies you get as i have answered your question !!!!

[lookinforinfo]

It is not easy under the DPA to prevent companies passing on your data if you

have a contract with them. What grounds did the poster on the other forum use?

Once you have signed an agreement with a company in which you have

given consent to pass your details on to a 3rd party in the event of a

default, it seems next to impossible to prevent it at a later stage.

[dodgy]

Ask for a copy of the agreement, if they connot supply it then they are dead in the water... Correct me if i am wrong but they could not enforce it themselves let alone sell it to a DCA.

[djweeble]

Thanks for the replies people.

 

Bailiffchaser: did you mean impossible or possible ? I certainly think it's something to look into.

 

Lookinforinfo: I don't remember what the other guy did it for, I was browsing around multiple forums looking for general info on the use of the DPA, and I can't find it now !! I agree, you give them consent when you originally sign the agreement, but surely you are entitled to retract that consent should you feel the need ? I have personaly sent a letter with this sort of retraction to my bank, and I have seen posts on here advising that it is something to do when your account is in dispute.

 

Dodgy: Yes, that's correct, but what I'm looking at here is a possible way to stop the creditors passing it on to a DCA even if they do have the documentation.

 

This is not for any specific case by the way, it's just a general idea of something that might be useable by people in the future, those who are having problems and want to stop the creditors even getting the DCA leeches involved in the first place

[Guest The Terminator]

Thanks for the replies people.

 

Bailiffchaser: did you mean impossible or possible ? I certainly think it's something to look into.

 

Lookinforinfo: I don't remember what the other guy did it for, I was browsing around multiple forums looking for general info on the use of the Data Protection Act, and I can't find it now !! I agree, you give them consent when you originally sign the agreement, but surely you are entitled to retract that consent should you feel the need ? I have personaly sent a letter with this sort of retraction to my bank, and I have seen posts on here advising that it is something to do when your account is in dispute.

 

Dodgy: Yes, that's correct, but what I'm looking at here is a possible way to stop the creditors passing it on to a DCA even if they do have the documentation.

 

This is not for any specific case by the way, it's just a general idea of something that might be useable by people in the future, those who are having problems and want to stop the creditors even getting the DCA leeches involved in the first place

 

I've found the best way to deal with a DCA is to tell them to f off because the agreement is with the creditor not with them and as soon as you mention the DPA they refer it back to the creditor anyway.Then the creditor knowing that the debtor is a bit more smarter then them refers it on to another DCA and the whole process starts again.I am not saying don't pay your debts do but on your terms not theirs. In answer to your question it is quite possible to do so but by using the Human Rights Act(1998)

[roro]

well in case its a council tax bill and i did not sign any agreement and they have sent bailiffs around .how can i stop them under data protection act