Bcw

[crh]

arrrrrrrrrghhhhhhhhh

 

got a email from BCW this morning claiming the searches where because i owed powergen some money from a period when i never lived at the previous address i was living

 

also sent in the ICO complaint last night

[LAN01]

subscribing

[crh]

i think you where right buster in the fact that they where looking for more debt.

 

I'm sure the pinning the powergen thing on me was a result of there unauthorised search.

 

Question can i send them a SAR request asking them to provide written conformation of when powergen passed this alleged debt over to them. I guess i cant CCA them for the agreement because ultilitys dont come under the CCA do they?

[buster642]

i think you where right buster in the fact that they where looking for more debt.

 

I'm sure the pinning the powergen thing on me was a result of there unauthorised search.

 

Question can i send them a S.A.R - (Subject Access Request) request asking them to provide written conformation of when powergen passed this alleged debt over to them. I guess i cant CCA them for the agreement because ultilitys dont come under the CCA do they?

 

Okay, just because you owe someone money does not mean that they have permission to make a search.

 

You have to specifically give them permission, which is usually done when you sign a CCA.

 

As there is no CCA, no permission

 

 

The hole is getting deeper for them...

[tiglet]

also subscribing - go get them!

[crh]

Okay, just because you owe someone money does not mean that they have permission to make a search.

 

You have to specifically give them permission, which is usually done when you sign a CCA.

 

As there is no CCA, no permission

 

 

The hole is getting deeper for them...

 

 

 

so basically unless they can prove in writing that the search was for a account with a CCA i've got them!

 

on my credit file it states the search as a outstanding bank debt not as a unpaid utility bill

 

so do i email them back telling them this or just wait for the ICO to get back to me?

 

the scummers sent a email to my work address this morning asking me to call them to arrange payment.

[crh]

hi all just a update

 

havent heard anything back from the ico

 

i did get a letter from powergen who BCW claimed i owed money too and that was there reason for the unauthorised credit search. Basically the powergen letter says i'm in credit for £536 and they will refund this amount to me by cheque. WTF i though i owed them money not they owned me. It just brings a whole new level of weirdness into way BCW credit searched me.

 

i'm completly confused

[tiglet]

Don't be - tehy're bottom-feeders scavenging for their quick buck.

 

God I'm in a beligerent mood tonight, aren't I?

[crh]

i agree with you there ****

 

they've got away with treating consumers like idiots and creaming money off people for too long

[tiglet]

Well get tipping then!

 

(sorry, drinking to forget ...)

[crh]

tipping?

[buster642]

so basically unless they can prove in writing that the search was for a account with a CCA i've got them!

 

Strictly speaking I would take it one step further. The CCA must exist, it must contain the "permission to search" clause (almost all do) and they must be able to lay their hands on it to prove that you have given the creditor (or their agents) permission

 

 

I suppose its possible that Powergen's terms and conditions may contain a "credit file search" clause even though it isn't a CCA, but unless this bunch can show that - they don't have permission to search your file.

 

 

Like I said earlier - just because you owe someone money doesn't mean they have the right to search your file.

 

Ironically, if you are in credit, a full CCA creditor still has the right to search your file for "ongoing checks" to double check that you are not up to your eyeballs in it with everyone else..

[crh]

hi guys

 

quick update. Had a response back from Information Commissioners Office they are looking at my complaint. I've been travelling with work(increasing my carbon footprint! i'll be planting some tree's later!) so i havent had time to reply to the BCW muppets

 

take a look at below. I'm really really crap at writing letters so any help would be much appreciated

 

Dear Miss.............

 

 

I refer to my previous email of the 23/04/2007 where i asked you to investigate why there was two credit searches carried out at my previous address 406 skyline plaza. I stated in my email that i would like you to investigate and provide me with the written permission or CCA agreement for this search to be carried out.

I received a email from ...............24/4/2007 stating that the searches where for a powergen account between the 26th March 2004 and 5th july 2007. You still have failed to provide me with a signed CCA agreement from powergen with a right to search clause or terms and conditions with a right to search mentioned. For you to credit search me in this way there must be a CCA or written permission. I belive you have broken the data protection act and have reported BCW’s continued breaches to the Information Commissionaires Office. I have contacted powergen and am infact in credit with them. I am puzzled why BCW would credit search me 3 times leave a negative footprint on my Credit report when there is no debt and you have no permission to search me.

As previously stated i would like to see a copy of the CCA agreement that gave you permission to credit search me. Lets be clear from this point i do not give permission for BCW to credit search me and would like the unauthorised searches removed from my credit file

[dan.b]

Hi,

Just wondering if you've had any update on this.

A similar thing has happened to me - a search without my consent - and without reason - not happy!

 

I will be going down the same path and pursuing this as far as I can, companies should be taught a lesson, especially BCW - a solicitor (or at least thats the impression I got - now I find they may just be another debt collection agency?)

[babybear39]

BCW are a bunch of muppets without the slightest idea (except the bonus incentive) on how to deal with anything, let alone a serious breach of the data protection act The OP appears to be a victim of their illegal fishing trips It's about time the financial authorities stamped heavily on the likes of these DCAs

[crh]

i keep forgetting to update this, I've been away alot

 

i got a letter from the ICO about a month ago saying that they had found in my favor and that they were going to write to BCW

 

So after all that effort BCW get a slap on the wrist or not even that a letter from ICO telling them off whch will go straight in a admin clerks bin!

 

I guess more people are going to have to complain before they can do anything but i guess the really problem lies in the that the ICO dont really have a teeth to deal with stuff like this

 

maybe we should start a thread to we can info people of what the DCA's are doing and direct them to complain

[Allwood]

I agree with you these authorities do not want to do anything as they do not want to upset the applecart because DCA is an employer and as such the do not want to put them out of business and cause the unemployment figures to go up - to hell with the consumers - who are we and especially as we got out selves into debt the government has no sympathy for us. Just look at the way banks are behaving, big business rule and that is a fact.

 

Allwood:-|

[dan.b]

i keep forgetting to update this, I've been away alot

 

i got a letter from the Information Commissioners Office about a month ago saying that they had found in my favor and that they were going to write to BCW

 

So after all that effort BCW get a slap on the wrist or not even that a letter from Information Commissioners Office telling them off whch will go straight in a admin clerks bin!

 

I guess more people are going to have to complain before they can do anything but i guess the really problem lies in the that the Information Commissioners Office dont really have a teeth to deal with stuff like this

 

maybe we should start a thread to we can info people of what the DCA's are doing and direct them to complain

 

I am up for doing this.

 

I am sick of these companies flouting the law - BCW presented themselves a few years back as a legal entity - a solicitors office working for capone when infact they're just a (rather inept) debt collection agency.

 

I received several threataning letters from them recently about a debt which I proved wasn't even mine to scottish power, and they kept sending me letters until I sent one saying "any further communication will be classed as harassment" letter. Haven't heard back, but then again it's only been a few days, and now I find out they've ran a search on me without my permission (or a signed CCA - scottish power do not have such an agreement for BCW to use to search my file).

 

Maybe we need to write a petition on the downing street website about the insufficient protection for citizens from companies abusing the data protection act like this. We should make a case for a more effective information comissioners office with real powers to financially punish companies that try and get away with this, maybe that would be a sufficient deterrant and make them realise they have got to operate within the law.

 

If enough people sign and show how big of a problem this is we may get some kind of result. (or it may just get swept under the carpet but meh).

[Shazza50]

I recently have had dealings with BCW. My husband, like me, has had difficulties paying his credit card but the company have not sent anything to say they have passed it on to a dca. Just this week BCW have left a message for my husband to contact them regarding his account. Is this just coincidence that the same dca is dealing with both our credit cards, which are different companies, or will they have done a credit search and found my husband was having problems paying his?

[crh]

i'm not sure a downing street petition would do it really

 

I think first of all people need to get a copy of there credit file them check to see if BCW or any other agency has done any searches after you have settled a debt with them or you have no debt at all. If enough people can prove BCW have done this and i'm guessing they've been upto it for a long time. Maybe we get the mods invovled and take it a step further like a mass complinent to ICO or watchdog coverage or even legal

 

BCW is trading on the fact that people dont check there credit files and even if they do no one will do anything about it

[Newborn]

The IC, OFT, FSA, TS etc etc are put in place purely to give the impression of accountability. They have therefore been given very few real teeth on purpose.

The wheels of industry must continue to turn and this means a large and credible debt industry has to be supported.

One of the required items in this equation is the total terror of not paying debt back, which must be instilled in debtors at all costs.

Can you imagine what would happen to our society if we treated debt with the same disdain that we treat speeding offences (which are far more life threatening!) This is why there will never be a thorough, far reaching debt law review. The new laws would have to be EU/PC compliant. Debt recovery would be almost impossible. Before taking out debt the route of debt recovery would have to be spelt out on paper with timelines and check off lists for lenders to follow, with one slip meaning the debt gets written off. A nightmare for the banks!! Far easier just to say 'your house may be at risk ... etc'.

Then you ensure that stigma is associated with bad debtors so that you can dictate the terms safe in the knowledge that bad debtors will not 'go public'.

This allows dodgy lenders to step in to give you a high interest 'good' loan to pay off that low interest 'bad' loan that you've defaulted on. A sort of 'debt laundering' service, which leaves the debtor even worse off!

Be in no doubt that for a public body to admit that debt evasion and avoidance is possible and then help the debtor, would be 'against the public interest'.

Therefore they will try to squirm out of supporting a debtor openly, whatever the truth behind the case! Apart from, that is, the very few good ones that some CAGgers have been lucky enough to find.

 

Newborn

[crh]

i think you've got the wrong end of this thread my friend

 

The issue here isnt making people indifferent to paying there debts or making them think they dont have to. As far as i'm aware the CAG has always prompted that people should pay there debts. It doesnt promote DCA's scaring the **** out of people or carting them off to the debtors gaol which i'm sure they would love to have that power back

 

What i have a issue with is that i had no debt with BCW but they still searched me in the hope of finding other debts they could pursue which there isnt any. Are you saying that this practice is ok or that we should all just be british and take it on the chin?

 

I dont think its right that once you have settled your debt they then have a hold on you for the next six years of your life because of defaults or other things like that.

 

I guess what i'm saying is that they dont play fair and they havent done for years

[Newborn]

Sorry, should have made myself clearer. All I'm saying is that the 'system' will always be against those complaining about DCAs etc whatever your position. It seems to be designed that way.

 

Newborn

[Allwood]

This is titled as Money as Debt it is long but worth looking at it:confused:

 

Money As Debt

 

Allwood

[sosumi]

BCW did the same to us: a 'Trace' on both our Equifax CRFs on the same day. The very day they received my CCA request. 11th June 2007. I have the Proof of Signature via Royal Mail.

Even sending Equifax an S.A.R - (Subject Access Request) didn't reveal any more about this 'Trace'.

It was the first thing they did when they got my CCA request that day.

They didn't even reply. No, they just sneaked a look at mine and hubby's Credit Reference Files. I didn't actually receive a reply from them until July.

This is with the Information Commissioner too. It's been there a long while though. And I have a feeling the reason that the TSB is so reluctant to send us the S.A.R - (Subject Access Request) information on all our accounts is because they know about it.

The Senior 'Complaints Manager' at the TSB has even written to say that they think BCW is a 'reputable company'.

Yes and a sardine is a goose:rolleyes:

If you want to start a joint complaint I'm in. I'll call the Information Commissioner tomorrow and see if they're any further with my case. If it's only going to result in a 'ticking off' for BCW then that's not enough.