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Re: Assignment of debts to DCA's


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Just letting you know that 'the artist formerly known as' 1706bp89 has now changed her name to InKogneeToh

 

Sounds good ...

 

'1706bp89' sounded like someone from the Borg Collective .... :)

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Hi all

Have just posted this letter to the 2nd company, Lowell Financial, to whom Lowell Portfolio 1 have passed my alleged debt for collection:

Lowell Financial Ltd

Enterprise House

1 Apex View

LEEDS

LS11 9BH

Your Reference No. *******

26 January 2007

 

 

Dear Sir/Madam

 

 

I am in receipt of your letter dated 8 January 2007 and note that you are requesting payment on an alleged debt recently purchased by Lowell Portfolio I Ltd.

 

 

Firstly, I would like to point out that I do not acknowledge any debt to Lowell Portfolio I Ltd and have written to them regarding this matter. I enclose a copy for your information.

 

 

You will note also that unless and until I receive a copy of the original executed consumer credit agreement from Lowell Portfolio I Ltd, I do not acknowledge having given them any authority to process my personal data.

 

 

Lowell Financial Ltd, on the other hand, is an entirely separate limited company that would not have acquired any contractual rights whatsoever under any assignment of this alleged debt to Lowell Portfolio I Ltd.

 

 

I have certainly NOT given and DO NOT intend to give my consent for your company to process or share my personal data, which includes the sharing of such data with Hamptons Legal (a 'trading style' of Lowell Financial Ltd) from whom I received a threatening letter regarding this alleged debt on 19 January 2007.

 

 

Please note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and I hereby request therefore that both you and Hamptons Legal immediately cease and desist from such processing (in any form and for any purpose) of my personal data.

 

 

I expect written confirmation that the necessary action has been taken to comply with this request within 7 days of receipt of this letter, failing which I shall report your company to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office.

 

 

Yours sincerely

 

 

 

 

 

 

Him Indoors

 

 

Enc.

 

 

See what they make of that! :p

 

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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good pam ...

 

let me know when you start your own Lowell thread ... we may be able to collaborate as i am also thinking of going after them ...

 

have a look here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/61207-lowell-group-2-defaults.html for a question i have raised about Lowell ... if you check your credit file, maybe the same might apply to you?

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Strewth!! I certainly hope not! Haven't checked our credit files for a couple of years as all previous adverse entries are past 6 year mark and assumed the files were clear!

 

More stamps needed then, I guess. :(

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Pam...

 

DCA's buy the debt from the bank once the bank has washed its hands of the debt totally...

Usually they do not do this unless the debt has been passed through at least 3 DCA's for prime collection...

After its been via 3 different DCA'S the debt will remain with the bank for a while until its sold on to a buyer giving the customer one last chance to arrange repayment.

 

Once its sold on...

The buyer owns the debt but the bank still has the obligation to provide documents relating to the debt to the buyer (credit agreement forms statements etc etc etc)

 

Before the debt (Loans... Card accounts... Basic Bank accounts) are sold on, DCA's before the buyer act on behalf of the bank for collection of the debt.

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Pam...

 

DCA's buy the debt from the bank once the bank has washed its hands of the debt totally...

Usually they do not do this unless the debt has been passed through at least 3 DCA's for prime collection...

After its been via 3 different DCA'S the debt will remain with the bank for a while until its sold on to a buyer giving the customer one last chance to arrange repayment.

 

Once its sold on...

The buyer owns the debt but the bank still has the obligation to provide documents relating to the debt to the buyer (credit agreement forms statements etc etc etc)

 

Before the debt (Loans... Card accounts... Basic Bank accounts) are sold on, DCA's before the buyer act on behalf of the bank for collection of the debt.

 

Some DCAs do not legally own the debt though... that is the problem. If a DCA is claiming money from anyone, then that DCA must also be able to produce a CCA upon request in order to back up that claim. When they cannot, then they can take a hike until they do... no matter who they claim to be collecting for.

 

It is a criminal offence for a DCA to fail to produce this document upon request after approx. 43 days from receipt.... and if the original creditor passes on personal info. to another company in order to chase a debt, they could also find themselves in trouble with The Data Protection Act, 1988.

 

:)

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Hi Tifo,

 

I was wondering if you could tell me where you access the info to find out if a Company is registered as a Data Controller, as there a few I need to check out!:D

 

I presume to check out a Company with Companies House, I just type in their name if I don't have a registration no and the details will come up? Is that right? Any help with this would be appreciated, as I am very suspicious about certain Companies with regards to whether they are registered with CH and definitely their right to process information.

 

Thanks in advance!

 

Laiste.:)

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Hi Laiste

 

Yes you can just type in the company name but I have found a few instances where I have typed the full name and it comes back with 'no entries found' I have then entered some of the company title and found the correct one from a list of similar names.

 

Also just google 'Information Commissioners Office' and you will find the website. Go to the tools section on the left hand side and you will access the search section. Again, enter company name and it should come up with name of data controller at top.

 

Hope this helps

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Tifo,

 

I was wondering if you could tell me where you access the info to find out if a Company is registered as a Data Controller, as there a few I need to check out!:D

 

 

 

Laiste.:)

 

 

You can search on the web here

 

Register of Data Controllers - find out what personal data is being processed

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Hi all

 

Could one of you nice people do me a favour please and PM one of the mods for me. Since my username change a few days ago I have not been able to click on anyone's name - including my own??!! (So cannot PM anyone!) It was fine before the change.

 

All I get is the following message:

 

InKogneeToh, you do not have permission to access this page. This could be due to one of several reasons:

  1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
  2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Tifo,

 

I was wondering if you could tell me where you access the info to find out if a Company is registered as a Data Controller, as there a few I need to check out!

 

The direct link is here ... just type in the company name and it will give you a list of matching ones ...

 

Information Commissioners - Data Protection Public Register

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Well, we'd better shout for help then.

 

IS ANYONE OUT THERE!!!!! :eek:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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You should be taken to the persons profile when you click their name now. You can send a PM from their profile.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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like Pam, i get the message :

 

tifo, you do not have permission to access this page. This could be due to one of several reasons:

  1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
  2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

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Nope tamadus - still not working - same message appears!!:confused:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Guys,

 

Thanks, you're so helpful! We must all be addicted to this site, its Saturday night and what are we all doing....! We are debt

anoraks!:D When I've finished suing the whole financial industry, I'll take you all out for a drink, to get us all out of the house one Saturday night! Anyone up it? On me of course!:D

 

I'm having the same problem as Tifo and Pam. I tried to send Tifo a message earlier and the same info came up! What's going on?

 

Laiste.:)

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Hi all

 

Just a quick update. Lowell Portfolio recd. their letter on 26/1 and Lowell Financial on 29/1

 

No acknowledgement as yet but early days I suppose.

 

However my hubby did get a 'we'll take you to court' letter from Hamptons dated 29/1 which means they are still processing his data. I know Hamptons are LF but the creditor LP got their letter 3 days before this so should have told LF to stop processing.

 

Clock now ticking and I'm not sending any reminders!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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My PMability was restored a few days ago.

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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  • 2 weeks later...

Hi all

 

Update on my letters to the Lowell family. Have received the following this morning in reply to my CCA request/Data Protection Act issue letter of 26/1 -

 

We would advise you that the purchase of accounts from original creditors also entitles the purchaser to all rights and benefits associated with the account in question. These rights and benefits include the purchaser becoming solely responsible for any defaults registered with the credit reference agencies. Moreover, the guidelines laid down for debt collection permits the transfer of data between two parties concerning the individual whom is liable for the debt or account being purchased. Consequently, divulging personal information in this matter does not contravene the Data Protection Act 1998 which has provisions for this transference.

 

As you are aware, a default remains in situ on an individuals credit file for a period of 6 years from the date it was first registered. As such, should the account concerned be settled at any time during this period the default will be marked as satisfied for the remainder of the term. We can advise you that as a company we do not continue to report to CAIS once an account has been settled and rendered satisfied.

 

We can advise you that the documentation that you require has been requested from the original creditor and will be forwarded to you on receipt. In the meantime your account will be in abeyance.

 

In relation to the copy of the agreement, they have until tomorrow to send this so had better get a move on.:D

 

I will have to do some more reading of the DPA to see where they get this 'right' from, but in any case as they haven't got a copy of the agreement themselves how on earth do they know what rights they have to share my data amongst themselves! I thought the 'right' arises from my consent given in the agreement and only to the extend originally agreed!

 

Will also have to check the 'guidelines laid down for debt collection'.

 

Also I haven't yet checked to see if a default has been recorded but I guess the comments in this letter show that it has so at least it saves paying the £2 for the copy of credit file.:)

 

 

Comments welcome.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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