Boobaby vs GE Capital & DCA - Help please !!

[Boobaby]

Hi Boo

 

I'm sure you will be able to get the default removed from your credit file, and the CCA which you requested probably no longer exists or they would have produced it, but if you do decide to try to get money refunded to you, it might be a tad more difficult. Although they have not produced a deed of assignment when the DCA took over collection from GE Cap. it doesn't necessarily mean that one does not exist, and if they can produce a document to this affect in court, then that will prove that the debt did exist and you will be liable for the court costs....hope that made sense!!

 

Best of luck with it all, I'm going through a similar situation with a diff. DCA

 

Thanks for the response allykat (my friend used to have the same Avatar when she first started on CAG!)

 

I am aware of the possible consequences regarding the Court action but I have at this stage just sent a letter plus a schedule of charges and a request that they remove the default on my credit files.

They are breaking the law by not supplying this information and it would be pretty shoddy and also illegal of them to produce a document that they are saying, by the very nature of non compliance does not exist, at the court stage. I am of course referring to the original agreement.

 

I have been trying to deal with this particular complaint since August of last year and have at certain times become very frustrated.

I also think it depends on what thread you look at as to what course of action you take. I was reading a lot of information yesterday and that's where I got the basic templates from to continue and tbh the confidence to continue. I'll see what sort of a response I get and post on here.

 

How are things going with you, what stage are you at etc...

 

Thanks again

 

Boo x

[allykat]

Hi Boo,

 

completely agree with what you are doing, I was only referring to a deed of assignment, which they don't legally have to send to you as part of the CCA request... althought the original agreement you requested probably no longer exists, I'm just concerned that if you take them to court for a refund that they might produce the D of A thus proving the debt....although the outstanding debt would still be unenforcable without the CCA, any costs incurred by taking them to court for refund of monies paid to them, would be payable by you

 

My story is slightly different as I am not at the same stage that you are...Natwest passed a credit card debt of mine on to 3 different DCA's who are all as bad as each other, (I think they all share a braincell). Anyway, the 3rd one, Intrum Justitia have been by far the worst, (even over wescot), they have threatened me with all sorts, been verbally abusive, actually discussed my account with my ex who I no longer live with (they know this), and have consistently tried to add on interest to payments! So after much deliberation and reading of the excellent posts on this site! I decided to send them a 'harrassment by telephone' letter and a CCA request...they still have time to respond to the latter so I am waiting patiently, hoping that they commit an offence I will then have no hesitation at all in reporting them to whoever will listen, as well as claiming any charges back from the OC (natwest), oh and getting the default removed from my credit file!

 

[Boobaby]

Hi Boo,

 

completely agree with what you are doing, I was only referring to a deed of assignment, which they don't legally have to send to you as part of the CCA request... althought the original agreement you requested probably no longer exists, I'm just concerned that if you take them to court for a refund that they might produce the D of A thus proving the debt....although the outstanding debt would still be unenforcable without the CCA, any costs incurred by taking them to court for refund of monies paid to them, would be payable by you

 

My story is slightly different as I am not at the same stage that you are...NatWest passed a credit card debt of mine on to 3 different DCA's who are all as bad as each other, (I think they all share a braincell). Anyway, the 3rd one, Intrum Justitia have been by far the worst, (even over wescot), they have threatened me with all sorts, been verbally abusive, actually discussed my account with my ex who I no longer live with (they know this), and have consistently tried to add on interest to payments! So after much deliberation and reading of the excellent posts on this site! I decided to send them a 'harrassment by telephone' letter and a CCA request...they still have time to respond to the latter so I am waiting patiently, hoping that they commit an offence I will then have no hesitation at all in reporting them to whoever will listen, as well as claiming any charges back from the OC (NatWest), oh and getting the default removed from my credit file!

 

 

Keeping my fingures crossed for you. BCW are the third in line also. The worst ones were actually Westcot and that was a couple of years ago, pre this site and it's advice and support days! They harrassed me all day and night they told me they were going to take my house and throw me and my children out onto the street. They discussed the situation with my son who was a youngster then referring to me as an incompetent, unfit mother!! They were horrendous I would never allow that to happen now, it's surprising how a bit of support and advice can empower you?

Keep in touch with what happens and I will do the same.

Take care

 

Boo x

[Sparkie1723]

Hi boo,

Get a recording machine attached to your phone and record what these *5$****'s say.

Anyone who is getting this sort of harassment do the same

 

sparkie1723

[un1boy]

Hi Boo,

To get that default removed from the CRA files, write to the CRA's tell them that the information they have been supplied with has been supplied by a company that is/has committed a criminal offence under the Consumer Credit Act by supplying information about a CCA agreement that does not has complied with the C.C.A. and under the circumstances that as they have now been made aware of those facts any further processing of data appertaining to this account/agreemnent, they also will be an accomplice, in committing a criminal offence by way of failing in their responsibility to ensure the info is correct and lawfully supplied and under the circumstances "suggest" they remove it immediately to avoid repercussions on themselves.

 

sparkie1723

 

 

Sparkie I have done this many times and all the CRA's basically tell me to eff off!

[Sparkie1723]

Boo,

Tell them you intend to issue for a court to be made under section 14 of the Data Protection Act, make it strong and tell them you intend to issue that immediately.....and do it.

 

they will have to proove to the court that have taken reasonable steps to ensure the information is correct

 

Also quote them this from the legal guidance given by the Information Commissioner her/him self.

"Under the new Act it is now not enough for the data controller to say that, because the information was obtained from the data subject or a third party, they had done all they could have reasonably done to ensure the accuracy of the data at the time. Now data controllers may have to go further and take reasonable steps to ensure the accuracy of the data themselves.

The extent to which such steps are necessary will be a matter of fact in each individual case, and will depend upon the nature of the data and the consequences of the innaccuracy for the data subject."

 

A bit long but its there .

 

sparkie 1723

[un1boy]

Boo,

Tell them you intend to issue for a court to be made under section 14 of the Data Protection Act, make it strong and tell them you intend to issue that immediately.....and do it.

 

they will have to proove to the court that have taken reasonable steps to ensure the information is correct

 

Also quote them this from the legal guidance given by the Information Commissioner her/him self.

"Under the new Act it is now not enough for the data controller to say that, because the information was obtained from the data subject or a third party, they had done all they could have reasonably done to ensure the accuracy of the data at the time. Now data controllers may have to go further and take reasonable steps to ensure the accuracy of the data themselves.

The extent to which such steps are necessary will be a matter of fact in each individual case, and will depend upon the nature of the data and the consequences of the innaccuracy for the data subject."

 

A bit long but its there .

 

sparkie 1723

 

Hi Sparkie,

 

This is brilliant info mate - can you give me a link to the statement in quotation marks though please?

 

Thanks.

[Sparkie1723]

Hi un1boy,

can't find the link but its in the Legal Guidance book issued by the Information Commissioners Office... you can get a copy free if you order it from the Information Commissioners Office.

I've had mine ages

 

The number is ISBN Number:1 870466 23 3

 

If Thats any help

 

sparkie1723

[Boobaby]

Boo,

Tell them you intend to issue for a court to be made under section 14 of the Data Protection Act, make it strong and tell them you intend to issue that immediately.....and do it.

 

they will have to proove to the court that have taken reasonable steps to ensure the information is correct

 

Also quote them this from the legal guidance given by the Information Commissioner her/him self.

"Under the new Act it is now not enough for the data controller to say that, because the information was obtained from the data subject or a third party, they had done all they could have reasonably done to ensure the accuracy of the data at the time. Now data controllers may have to go further and take reasonable steps to ensure the accuracy of the data themselves.

The extent to which such steps are necessary will be a matter of fact in each individual case, and will depend upon the nature of the data and the consequences of the innaccuracy for the data subject."

 

A bit long but its there .

 

sparkie 1723

 

Hi Spark

Would you recommend sending a letter to the CRA's inlcluding the information above straight off or should I just write and ask them to remove the record asper your original post?

 

Thanks

Boo x

[Sparkie1723]

Hi Boo,

 

I'm not a legal whizkid in any way whatsoever but I would write the letter containing the lot, I think the more you make them believe you know what you are talking about even if you dont...bluff them.... they bluff you ....so call their hand...

It will give them something to think about if you make them understand you are serious.

Make sure you emphasise the fact that they have to take the reasonable steps in line with each case has its own merits.

, and if it is found they are holding incorrect info after you warning then about it, then they will have to face the consequences as the Act states.

 

sparkie

[Boobaby]

Hi Boo,

 

I'm not a legal whizkid in any way whatsoever but I would write the letter containing the lot, I think the more you make them believe you know what you are talking about even if you dont...bluff them.... they bluff you ....so call their hand...

It will give them something to think about if you make them understand you are serious

 

sparkie

 

I'm on the case Spark - I will post the letter here for your's and Un1boys perusal before sending!

Thanks hun

 

Boo x

[un1boy]

I'm on the case Spark - I will post the letter here for your's and Un1boys perusal before sending!

Thanks hun

 

Boo x

 

Looking forward to it Boo - Sorry haven't had a chnace to look over the other one, bogged down with revision.

 

Sparkie, in the quote from the ICO - they mention the "new" act.......what are they referring as "new"?

[Sparkie1723]

Hi un1boy,

The 1998 Data Protection Act replaces the 1984 Act and is called the New Data Protection Act even though its nearly 9 years old , the "new" act was introduced in stages, the first stage started on 1 March 2000 and ended in October 2001, this was done to allowtime for all data controllers and users to change their data systems etc....What it meant at that time, was data controllers could still the use the old act to cover their antics, now they can't, the 1984 Act had 100 times as many loopholes in it than the New one and thats got enough as it is.

 

sparkie

[un1boy]

oh ok, thanks for that!

[Boobaby]

Letter received from BCW this morning:

 

I write with regard to your recent communication concerning your aforementioned account.

So I see!

I can hereby confirm your concerns have been duly recorded on our system again!! and as previously stated in my letter dated 23rd march 07, further details have been requested from our client and on receipt will be issued to you without further delay. Only been waiting since August 2006!

Please do not hesitate to contact me on **** should I be of any further assistance. ??

I am just pulling my hair out with these people they appear to have no idea that they, as the agents of GE Capital have a responsibility to comply with the aforementioned requests yet they pass everything back - aaaarrrhhh!!

[un1boy]

Letter received from BCW this morning:

 

I write with regard to your recent communication concerning your aforementioned account.

So I see!

I can hereby confirm your concerns have been duly recorded on our system again!! and as previously stated in my letter dated 23rd march 07, further details have been requested from our client and on receipt will be issued to you without further delay. Only been waiting since August 2006!

Please do not hesitate to contact me on **** should I be of any further assistance. ??

I am just pulling my hair out with these people they appear to have no idea that they, as the agents of GE Capital have a responsibility to comply with the aforementioned requests yet they pass everything back - aaaarrrhhh!!

 

Have you reported them to the TS?

[Boobaby]

Have you reported them to the TS?

 

I sure have honey and I am in the process of drafting the letters to the CRA's as we speak!

 

Boo x

[un1boy]

Good Good, you should write to the OFT and the Information Commissioners Office too.

 

I was speaking with a guy from the OFT the other day aand he said they are really interested in this sort of evidence!!

 

Let us know what you write to the CRA's - I have sent them letter upon letter upon letter.....

 

I am asking TS to include the CRA's if they decide to prosecute the bank. And I'm asking the Information Commissioners Office too, however the Information Commissioners Office seems to work to the CRA's interests!!!

[Boobaby]

Good Good, you should write to the OFT and the Information Commissioners Office too.

 

I was speaking with a guy from the OFT the other day aand he said they are really interested in this sort of evidence!!

 

Let us know what you write to the CRA's - I have sent them letter upon letter upon letter.....

 

I am asking TS to include the CRA's if they decide to prosecute the bank. And I'm asking the Information Commissioners Office too, however the Information Commissioners Office seems to work to the CRA's interests!!!

 

I have complained to the IOC and basically had a standard response:

"We have written to the organisations concerned and reminded them that they need to comply blah blah blah and then they went on to say that they were then closing the case. A puppet organisation I fear! I am hoping for much more of a response with teeth from the OFT!

Could you send/post one of the letters that you have sent to the CRA so that I have the basis on which to add the information that Spark suggested.

Thanks honey

 

Boo x

[Sparkie1723]

Boo

 

I'm in agreement with your view of the Incompentent Comic Orgainsation, I've had the same letters ....your case has now been closed etcetc.... because my case got too hot to handle.

 

sparkie

[Boobaby]

Boo

 

I'm in agreement with your view of the Incompentent Comic Orgainsation, I've had the same letters ....your case has now been closed etcetc.... because my case got too hot to handle.

 

 

Hi Spark

 

Any news?

 

Boo x

[Sparkie1723]

No Boo,

 

Postie never brought me any good or bad news today.

 

sparkie

[Boobaby]

Hi Un1boy or Spark

Could you send/post one of the letters that you have sent to the CRA so that I have the basis on which to add the information that Spark suggested.

Thanks

Boo

[Sparkie1723]

Hi boo write something along these lines

 

go get em gal LOL

sparkie

 

 

To CRA

 

Compliance & Admin Unit

 

 

Dear Sir(s)

 

I write to you with regard to information that has been supplied to you, and you have placed or allowed it to be placed on my credit file.

You must be completely aware of the following,

 

Under the New Data Protection Act of 1998 Credit Reference Agencies, are now no longer considered data processors, they are now data controllers, who “receive” “alter” and “process data further” ie change the information from the initial data received.

 

You must also be aware that data controllers sometimes must go further than taking what used to be “reasonable steps” to ensure the information they process is “accurate , true & correct”.

 

You have been made aware of my disputes in relation to this information and have failed to proffer the due care & diligence in that you have a duty to me to ensure that the data is indeed correct, in line with the provisions of the Act, inasmuch as that you must treat each & every individual case on its own merits rather than applying a blanket view when taking what used to be considered accepted stance "reasonable steps"

 

The information you hold that has been supplied to you and further processed by ( here you put the name of the company(s) and the info you refer to,) has not been verified it cannot be verified as true and is being/has been supplied to you under an agreement where criminal offences have been committed, the OFT are investigating this issue.

You have not taken the steps to verify the fact if the data is or if it indeed ever was, if you had done so you would have found out that the data was untrue & being incorrectly and unlawfully supplied.

Under the libel laws it is not acceptable in any way to say that "you believd the data to be true" the publisher MUST have documentary or other evdence to defand a libel/defamation suit.

The sooner that more people are aware of these facts the more CRA's will take the steps to verify information instead of merely believing an institution, and perform the tasks they were supposed to be for.

 

Unless you immediately remove all reference to this data you are will be deemed an accessory to these criminal Acts.

 

I also make you aware that as the data is untrue, and cannot be proved to be so , you are defaming me under the Libel Act and unless you comply with my demands, I fully intend to take action in the County Court for Defamation & Libel ,for the reason yu have allowed this incorrect unproven data third parties to seen (by the viewing of my Credit file) i.e published.

 

Action you may or not know can now be taken in the County Courts by the common people for libel , this step has been made available to allow the general public to have access to the Libel Laws and it is no longer a law for the rich and famous.

 

One of the reason for this is for this particular fact to enable the public to take actin against CRAs if they can prove the data is untrue and unlawfully supplied in my case I can

 

Under the Libel laws it is also no longer necessary to prove loss ( financial or otherwise). I will be relying on the ruling of the Privy council where it was ruled credit reference agencies are not immune to the laws of libel.

 

I suggest & demand that you comply immediately …no further request s or letters will be written to you regarding this issue, but you can be assured this letter will be produced in court in any action I take against you.

 

 

Yours ………….

 

Ivor Right

[Boobaby]

This is the letter I intend to send to the CRA's -

Thanks Spark made a couple of amendments, hope you approve.

CRA

Dear Sir/Madam

 

Regarding GE Capital/Capital Bank PLC

 

Dear Sir/Madam

 

I write to you with regard to information that has been supplied to you, and you have placed or allowed it to be placed on my credit file.

You must be completely aware of the following, under the New Data Protection Act of 1998 Credit Reference Agencies, are now no longer considered data processors, they are now data controllers, who "receive" "alter" and "process data further" i.e. change the information from the initial data received.

 

You must also be aware that data controllers sometimes must go further than taking what used to be "reasonable steps" to ensure the information they process is "accurate, true & correct". You have in relation to this information failed to proffer the due care & diligence. You had and do have a duty to me to ensure that the data is indeed correct and in line with the provisions of the Act. You must treat each and every individual case on its own merits. Rather than applying a blanket view when taking what used to be considered an acceptable stance i.e. "reasonable steps".

 

The information you hold that has been supplied to you and further processed by GE Capital/Capital Bank/ Forthright Finance and the information you refer to has not been verified. It cannot be verified as true and has been supplied to you under an agreement where criminal offences have been committed, the OFT are investigating this issue.

 

You have not taken the steps to verify if the data is or ever was indeed correct, if you had done so you would have found out that the data was untrue & being incorrectly and unlawfully supplied.

Under the libel laws it is not acceptable in any way to say that "you believed the data to be true" the publisher MUST have documentary or other evidence to defend a libel/defamation suit.

 

The sooner that more people are aware of these facts, the more CRA's will take the steps to verify information instead of merely believing an institution, and ultimately perform the tasks they were supposed to.

 

Unless you immediately remove all reference to this data you will be deemed an accessory to these criminal Acts.

 

I must also make you aware that as the data is untrue, and cannot be proven to be otherwise, you are defaming me under the Libel Act. Unless you comply with my demands, I fully intend to take action in the County Court for Defamation & Libel. For the reasons stated previously in that you have allowed this incorrect, unproven data to be seen by third parties (by the viewing of my Credit file) i.e. published.

 

Action you may or may not know can now be taken in the County Courts, by the common people for libel. This step has been made available to allow the general public to have access to the Libel Laws and is no longer a law for the rich and famous.

 

One of the reasons for this particular fact is to enable the public to take action against CRAs if they can prove the data is untrue and unlawfully supplied and in my case I can.

 

Under the Libel laws it is also no longer necessary to prove loss (financial or otherwise).

I will be relying on the ruling of the Privy Council where it was ruled ‘Credit Reference Agencies are not immune to the laws of libel’.

 

I suggest & demand that you comply immediately. No further requests or letters will be written to you regarding this issue, but you can be assured this letter will be produced in court in any action I take against you.