Mass complaint ;Add your name here if a dca has acted incorrectly with your account.

[exit3]

Hillesden Securities: conducted Credit searches against my name without my consent stating this was due to the amount of debt I owed them, they also harrassed and bullied me into paying them a monthly amount that I could not afford due to being unemployed, also threatened to place a charge on my property if payments were not maintained.

 

HFO: Bullied me into paying a massive amount every month which I could not afford, and threatened legal action if I could not maintain payments (£200 per month was the minimum they would accept at a time I had no income).

 

 

If the information is a matter or public record then there is very little you can do about it, your consent should have been obtained , and the parties who hold the information should not have given that information without your consent so the credit agencies are in the end at fault, if that is possible , (you got my brain going on this) . The results of that search which are not specific for the purpose cannot be given to anyone else, except that you can apply for a copy of the specific information given to the third party, which in itself might be an admission that it has been unlawfully given!!!! One for the credit agencies!

 

Put the boot on the other foot if your were going into business and you suspect the guy you are thinking of dealing with may be a crook , do you alert him of your suspicions and research him anyway and the results save you a fortune - are you wrong?

 

If you have been bullied, intimidated report them to all and sundry, jsu t give them enough rope to hang themsleves give a bully a bloody nose and he becomes as meek as lamb - bullying is the first sign of cowardice, and the harder the odds the harder you have to fight! a pain in the proverbial but c'est la vie!

 

exit 3

Edited April 26, 2009 by exit3
spelling

[exit3]

Hi, I can appreciate what you are saying because I got a call from Fred Barlow (via a neighbour) saying "please contact us cos your mother is ill" - my mother had just died about 3 weeks earlier.

 

What I am really interested in is your comment:

 

 

 

because I would really like to nail these B*strds!

 

misrepresentation can be innocent or fraudulent. If your mother died she may have been ill , how did they know that any way and how were they able to use the information. It none of the b....y business

 

Were they trying to get their hot little hands on an inheritance maybe?

 

Was this the relevance had your mother's illness to any debt you may have?

 

They were trying to make contact through half information they had obtained somehow, but did they misrepresent themselves???? They states who they were and did, don't know

 

exit 3

Edited April 26, 2009 by exit3
spelling an clarity

[exit3]

Hi, I can appreciate what you are saying because I got a call from Fred Barlow (via a neighbour) saying "please contact us cos your mother is ill" - my mother had just died about 3 weeks earlier.

 

What I am really interested in is your comment:

 

 

 

because I would really like to nail these B*strds!

 

I just realised the Fred Barlow was a well known pianist, so yes they have misrepresented themselves and in that respect it could also be fraudulent representation. Also are they harrassing your neighbour ? I got a call from Jenny something or other, the internet showed the name to be a hollywood actress, nothing sinister she told me, just wanted to verify address and wait for the letter. If she was using a false name so that is fraud as it is deception, but she was asking the information directly from me so, she had not breached any data protection act. I have no proof of where she was from nor did I receive a letter signed in her name.

 

You may not plead fraud but the circumstances hardly lead you to innocence !

 

By the way does anyone know if the banks hold a blacklist of customers rather like the poor builders who are known to be trouble.

 

may be they hold it off shore outside the jurisdiction of the consumer credit act?

 

 

 

 

Exit 3

[patrickq1]

By the way does anyone know if the banks hold a blacklist of customers rather like the poor builders who are known to be trouble.

 

may be they hold it off shore outside the jurisdiction of the consumer credit act

 

very good question for allan from darby perhaps this should have a thread on its own...see what comes out of the woodwork

patrickq1

[sillygirl1]

I bet they are holding a list of all the customers who get their charges back.... its the sort of 'list' they would love to hold and share amongst themselves - don't let this person have an account as they know their rights!

 

India would be my bet for the place to hold this list - don't the Indian call centres state they are outside EC regulation?

 

By the way does anyone know if the banks hold a blacklist of customers rather like the poor builders who are known to be trouble.

 

may be they hold it off shore outside the jurisdiction of the consumer credit act

 

very good question for allan from darby perhaps this should have a thread on its own...see what comes out of the woodwork

patrickq1

[exit3]

I bet you are right , just trying to read up about it as new conventions may be in place - Where is your data? and under whose laws does in come under in the age of e commerce?

 

Exit 3

[tonerlow]

1st Credit are on a yellow card from the OFT as of the 19th of February 2009, one more foul and all those wonderful people join the dole queue.

I am proud to be one of the many contributors to the first nail in the coffin.

http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

If valid complaints continue to land of the desks of the OFT the OFT will remove the Consumer Credit Licence and that will be the end of worst credit.

If you are being irritated by 1st credit I suggest you do the following:-

Don’t let wet them intimidate you don’t get angry just get even

Request all the information you entitled to.

Read the restrictions in the above link

Read the OFT code of conduct

If worst credit have not complied to the letter with their obligations, get a letter off to the OFT stating exactly why 1st credit have broken the requirements on them as laid out in the OFT guidance and in the special requirements which they are required to comply to.

I hope you can live with yourself knowing you may adding all those wonderful people from worst credit to the dole queue after all they probably have credit cards and loans and mortgage.

[joe1965]

Phillips DCA, leaving detailed messages on my phone which can be heard by anybody. Also they are collecting for another DCA neither of which has sent me a NOA!

[Desperate Daniella]

towerlow,

 

I'm sure we'll all be crying for those nice guys at istcredit.

 

DD

[Stressed150]

If the information is a matter or public record then there is very little you can do about it, your consent should have been obtained , and the parties who hold the information should not have given that information without your consent so the credit agencies are in the end at fault, if that is possible , (you got my brain going on this) . The results of teh search which are not specific for the purpsoe cannot be given to anyone except that you can apply for a copy of the specific information given to the third party which in itself might be an admission that it has been unlawfully given!!!! One for the credit agencies!

 

Put the boot on the other foot if your were going into business and you suspect the guy you are thinking of dealing with may be a crook , do you alert him of your suspicions and research him anyway and the results save you a fortune - are you wrong?

 

If you have been bullied, intimidated report them to all and sundry, jsu t give them enough rope to hang themsleves give a bully a bloody nose and he becomes as meek as lamb - bullying is the first sign of cowardice, and the harder the odds the harder you have to fight! a pain in the proverbial but c'est la vie!

 

exit 3

 

Thanks for you advice exit3...I see where you are coming with on this, but the DCA found out that I own a property by conducting this search and as a result were threatening me with a chrging rder, surely they are in breach of DPA laws by carrying out a search without my permission, hmmm maybe a strongly worded letter is due to the CRA as well.....!

[sillygirl1]

I think you may have had a template letter which says that, I got one too and I don't own a property... they try every trick in the book and then some more to scare and frighten people. The last lot who tried to get a charging order on my FATHERS house were seen off in court as I had no links to the property and they were well out of order.

[letsmakeamark]

Tried the same with me. Only realising later that i had them in court for bank charges.

[exit3]

Thanks for you advice exit3...I see where you are coming with on this, but the DCA found out that I own a property by conducting this search and as a result were threatening me with a chrging rder, surely they are in breach of DPA laws by carrying out a search without my permission, hmmm maybe a strongly worded letter is due to the CRA as well.....!

 

Land registry searches are permissible and necessary for many industries and in any case they come under the public domain. all those sites which can tell you comparables of properties take their data form there.

 

Also you must be able to protect yourself by being able to check on your own property without incurring vast costs and you should also be able to protect the possibility of unwittingly committing a fraudulent action or money laundering acitivity.

 

Example you want to rent a property and Miss S shows you round and tells your she owns it, you do a land registry search and it turns out she does not, and that the property has shown issues which may lead to its repossession. It turns out it belongs to her brother, so she says and she is buying it . Had you not taken that precaution of checking you would have moved in paid a deposit and then found yourself homeless in a very short time. You use the information correctly by asking the supposedly landlord directly the circumstances , but if you are not satisfied you must let it go as it also could be a money laundering [problem] and you would commit an offence.

 

 

Just let me give you an example. A (hypothetically speaking is about to be disqualifed as a director borrows money from one bank and then sends it to an offshore location where more money is borrowed against and offshore property and not registered against that property ,and ,the loan from uk bank pays an older debt in offshore location ,which is not registered until uk loan is registered.

 

Different names addresses dates of births are used. It does take a sherlock holmes to piece it together.

 

How may unsuspectying people have sold their businesses, life savings ets to such people and who did not know how to carry out a due diligence,because they did not know how or expect to do so?

 

Money laundering and criminal activities which enter into and fracture every aspect of our society, breeding corruption and organised crime ,has to be stopped. Although this is overall the role of the police, they cannot intervene unless a crime has been committed. Simple mortals like us must be able to make those preliminary enquiries, and if you smell a rat leave it ,or let the authorities deal with it. Until the apple is whole democracy cannot survive ,it is like the worm eating the apple

 

We therefore cannot totally close the doors on the freedom of information, too much takes place behind closed doors which is not healthy.

 

Data held in our banks is another matter, and it is the way they use the data to intimidate when they are not in their rights according to law, thus discriminating and flounting the laws against the consumer is another.This must not be allowed. We fought hard for our freedom and must be able to stand against oppressors who by virtue of their purchasing power can squash the individual - might is not always right. The culture must change

 

Exit 3

Edited April 28, 2009 by exit3
needed further text to explain the argument

[exit3]

If management supports their behaviour they represent the company, I am beginning to think that bank customers are like golf balls driven by novice golfers into the rough, then maybe the bunker and if does see the light of day on the putting green down the black hole never to be seen again! Maybe that is the thinking by the 18th hole the ball is so worn out that the novice bankers hopes it will not be of any use anymore worn down to a shred!

 

Well let the banks and DCA start to change their tune and get the right irons in place by abiding to the law and not making a mockery of the consumer and data protection laws of this country. A dose of their own medicine and if those who work for them practice unlawful method of debt collection with the full backing of their management who may well think it is wrong, but choose to ignore it ,the banks and Dca have only got themselves to blame!

[exit3]

Thanks for you advice exit3...I see where you are coming with on this, but the DCA found out that I own a property by conducting this search and as a result were threatening me with a chrging rder, surely they are in breach of DPA laws by carrying out a search without my permission, hmmm maybe a strongly worded letter is due to the CRA as well.....!

 

I am not sure that they cannot put a charging order if you already have a mortgage without your consent as the consent would have to be obtained from for the first mortgagee and that would be against the facility granted at the outset. If you are in arrears first mortgagee will not give permission On default , The charge could probalby only be placed after judgement, they could put a caution to prevent you from selling and that lasts 7 years! If they have wrongly entered into judgement then you have to have it taken off another hassle, and how do you do that I need to check.

[exit3]

I bet you are right , just trying to read up about it as new conventions may be in place - Where is your data? and under whose laws does in come under in the age of e commerce?

 

Exit 3

Newspaper articles on google who keep your emails but cannot read them , check your internet habits , etc who has, where is your data, now the government is going to to the same, so if you write to your best friend and tell him/her about that b.....y a..........too rude to mention name at the bank- are you breaching the codes of relevant data by stating that fact to a third party in confidence?

Edited April 28, 2009 by exit3
spelling

[exit3]

1st Credit are on a yellow card from the OFT as of the 19th of February 2009, one more foul and all those wonderful people join the dole queue.

I am proud to be one of the many contributors to the first nail in the coffin.

http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

If valid complaints continue to land of the desks of the OFT the OFT will remove the Consumer Credit Licence and that will be the end of worst credit.

If you are being irritated by 1st credit I suggest you do the following:-

Don’t let wet them intimidate you don’t get angry just get even

Request all the information you entitled to.

Read the restrictions in the above link

Read the OFT code of conduct

If worst credit have not complied to the letter with their obligations, get a letter off to the OFT stating exactly why 1st credit have broken the requirements on them as laid out in the OFT guidance and in the special requirements which they are required to comply to.

I hope you can live with yourself knowing you may adding all those wonderful people from worst credit to the dole queue after all they probably have credit cards and loans and mortgage.

 

I should not worry too much about that as the debt collections department in banks are expanding. Royal Bank of Scotland were advertising quite a senior job recently and mentioned the fact in the ad.

Quick recovery and performance among the qualities required.

 

However, no employer should ask an employee to committ an illegal act or breach professional standards, and the employee has every legal right to refuse.

 

If fear is put into the employee for not complying the employee would have most probably have cause for remedy.

 

 

 

If the employee does it anyway without authority to meet financial targets and commission targets then he still represents the company until faced with disciplinary action if he/she is in breach of their terms of contract .

 

If a DCA employer and employee act together then are they not acting in full complicity ?

 

As part of any review undertaken by the OFT should be the quality of training received by these employees and regulated by the OFT what do you think about that?

 

If an employee wants to act correctly they should have the choice, the question is do they have that choice ? intergrity cannot be such a bad thing. Recent whistleblower programmes on bailiffs and debt collectors leaves us with very little confidence.

 

As part of any review undertaken by the OFT and FSA should be the quality of training received and qualificatins obtained by the employer and employees all of which should be regulated by the OFT. What do you think about that ?

Edited April 26, 2009 by exit3
clarity

[Stressed150]

Newspaper articles on google who keep yur emails cannot read tem , check your internet habits , etc who has, where is your data, now thr government is going to to the same, so if you write to your best friend and tell him/her about that b.....y a..........too rude to mention name at the bank- are you breaching the codes of relevant data by stating that fact to a third party in confidence?

 

Thanks for the advice once again exit3, my main concern is that there are laws and regulations set on how a compnay conducts it's business, why DCA's seem to think they are immune to these laws and regs is beyond me.... ! The way I see it this particualr DCA had right to conduct a search without my authorisation, as the data haeld with CRA's is highly personal data, and then justify it by stating 'we conducted the search because of the amount you owe us'! Beter yet, my fiule hows they concucted this search in 2005, when they did'nt even own the debt...!!

[sweetjane]

Good piece on Radio 4 "You and Yours" today about DCAs and harrassment and issues being discussed in Parliament and forthcoming White Paper on Debt Collection. Check it out: BBC - Radio 4 You and Yours - Home

[exit3]

Sweet jane

 

Thanks for the tip I shall - there was a press release on questions being asked in parliament following an article on LLoyd debt collecting practices , nothing different from any others- cover blown by undercover journalist. Will check of name of MP leading the questions -Sunday Times - have just checked it Andrew Mackinlay ( Thurrock Labour) others participating John Leech ( Manchester , whittington , Liberal democrat, Gareth Thomas ( minister ( also in the department of Business Enterprise and regulatory Reform , Department for international development , Harrow West ) lets provide them with all the amunition they need!

 

Office of Fair trading bringing in new rules in November making it easier to change banks which should help, depending on the terms, as lending institutions try ( this is my assumption and experience ) to make it impossible for you to do so, until their debt is paid - another hidden trick of the trade -and whether it is a DCA or a bank ,the recovery department of a banks both need to come under the same scrutiny - in fact the employees in these departement should be individually licensed , the needs for DCA might diminish - as the risk will be equal and banks should be fined six figures sums so that any change in the law start to have meaning

 

exit 3

Edited April 28, 2009 by exit3
spelling and some afterthought on names of interested MPs and last lines

[bowsie]

Hello group. I am new to this whole thing, but followed the links for a few weeks now. The info here is great, so I had to join. Confused and need help however!

Capital One, I have sent them a S77 and SAR, they have admitted in writing they cannot supply any further info or documents, I have nto had

[bowsie]

Hi ANyone to help? I have sent to Cap One S77 and SAR taking great advice from this site. They have admitted in writing they cannot supply any further docs and no signed agreement - what do I do next?????

 

Also have HSBC agreement, sent a signed copy back, but prescribed term 'credit limit' is the old "let you know credit limit from time to time" - is this a default of a prescribed term? Also said I have to make payment 25 days from date of statement, thereby not setting out exactly when I should pay within the single document, is this also a flaw. Any help greatly appreciated...

[exit3]

are you being pursued for a debt? you are confused and so are we

 

Data protection Act

Consumer credit Act and as amended in 2006 ( now checking) deals with unfair dealings as well which is this track

exit 3

 

 

i

 

Exit 3

[exit3]

Good piece on Radio 4 "You and Yours" today about DCAs and harrassment and issues being discussed in Parliament and forthcoming White Paper on Debt Collection. Check it out: BBC - Radio 4 You and Yours - Home

This happened in Australia which follows the thread we have been discussing Quote

"Court documents show the woman fell behind on her credit card payments when she lost her job, and began taking care of her disabled mother on a carer's pension.

The writ shows the National Australia Bank sold her $5,000 debt to an agency, Accounts Control Management Services.

It is alleged the agency made threatening calls, including claims that if she left the country she could not return without paying the debt.

It is also alleged the agency lied to one of her friends to get her personal details.

The Consumer Action Law Centre has filed the writ with the Victorian Civil and Administrative Tribunal, seeking damages for harassment and misleading and deceptive conduct"

 

The bodies that act for consumers should be able to file such actions especially as banks and lending institutions employ legal "cartels " to act for them , the Financial ombudsman can go so far and so can the FSA but may be we can learn a lesson from Australia

 

Exit 3

[exit3]

Hello group. I am new to this whole thing, but followed the links for a few weeks now. The info here is great, so I had to join. Confused and need help however!

Capital One, I have sent them a S77 and SAR, they have admitted in writing they cannot supply any further info or documents, I have nto had

 

Ask them what they have sent you. It is up to you to them to tell them they must be able to list the information they have sent you for starters

and why they cannot supply any information or documents.

 

 

Exit 3