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Fair processing Notice


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What exactly is the Fair Processing notice, I understand its to do with data protection act and a debt purchasers write to hold your info without a contract with you, but a search on the terms has brought of hundreds of results within CAG!

 

Does anyone have a link to a CCA request that also asks for the fair processing notice and everything else you can legally ask for? is the FP notice something the original creditor would have done, or is it something the debt purchaser will knock up if someone asks, so ultimately pointless in asking for it?

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In partial answer:

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Q: What do I need to put in my fair processing notice, which is given to individuals before I process their information? You will need to outline what and how information is going to be processed. This is to make sure the individual knows exactly what is going to happen to their information and how it is going to be used. You shouldn't be doing anything with personal information unless the individual is made aware (unless certain exemptions apply)

 

Fair processing is the First Principle of The Data Protection Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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For more info you may wish to look at the ICO website.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The only thing that has confused me is I thought the rights of a creditor under data protection are non transferable with the rest of their rights and obligations when selling debt on?

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i'm a bit purplexed by this part of that letter

 

" Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. "

The deed of assignment has nothing to do with the CCA,

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The rights can be transferable as long as they tell you what they are going to do with your personal data. I say can be because it depends on the type of deed of assignment between the OC and the DCA (there are two types equitable and absolute). However, although the rights can be transfered the OC retains its obligations.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sequenci, the original question was along the lines of what else can you ask for as well as the CCA.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sequenci, the original question was along the lines of what else can you ask for as well as the CCA.

 

got ya, the letter implied that the request for the DOA had a provision within the cca.

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Below are the definitive details on the fair processing information-it was taken

from the ICO guidelines on the Data Protection Act.

 

 

3.1.7.3 Information to be provided to data subjects – data obtained from data subjects

When data are obtained from data subjects the data controller must ensure, so far as practicable, that the data subjects have, are provided with, or have made readily available to them, the following information (referred to as the “fair processing information”):-

(a) the identity of the data controller,

(b) if the data controller has nominated a representative for the purposes of the Act, the identity of that representative,

© the purpose or purposes for which the data are intended to be processed, and

(d) any further information which is necessary, taking into account the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair.

In deciding whether, and if so, what, further information is “necessary” to satisfy (d) above, data controllers should consider what processing of personal data they will be carrying out once the data have been obtained and consider whether or not data subjects are likely to understand the following:-

(a) the purposes for which their personal data are going to be processed;

(b) the likely consequences of such processing such that the data subject is able to make a judgement as to the nature and extent of the processing; and

© whether particular disclosures can reasonably be envisaged.

It would be expected that the more unforeseen the consequences of processing the more likely it is that the data controller will be expected to provide further information. This aspect also has a bearing on the question of what amounts to consent (see specific consideration of this issue at paragraph 3.1.5 above); in the same way that consent must be “informed”, so data subjects themselves must be fully aware of the ways in which their personal data may be processed in order for that processing to be considered fair.

In the context of the 1984 Act, the Data Protection Tribunal has supported the Commissioner’s view that personal information will not be fairly obtained unless the individual has been informed of the non-obvious purpose or purposes for which it is required, before the information is obtained. (Innovations (Mail Order) Limited v The Data Protection Registrar (September 1993)).

Where an individual effectively has no choice other than to use the service of a particular data controller, for example, where an individual attends an NHS appointment, (subject to any legitimate exemption applying to such processing) the data controller should give individuals the opportunity to limit the extent to which their data may be used and disclosed beyond the primary purpose for which it was supplied.

Where the data controller already holds information obtained for a specific purpose, it can only be used for a different purpose that would not have been envisaged by the data subject at the time of the collection of the information if the data controller has the consent of the data subject.

A data controller cannot infer consent from a lack of response from the data subject. If data have already been collected and another purpose is subsequently envisaged that would not have been obvious to the data subject, again, consent must be obtained before the data can be used for the new purpose.

 

If you didn't receive a copy of the fair processing booklet from your lender

at the time you took out the loan then you have the possibility to claim that

their processing of any of your data was unlawful and unfair.Especially if

your loan was taken out within the past few years as I understand it is now

almost obligatory for the information to be sent out with the acceptance

agreement.

 

Partly this is because in it should be information of what you should expect

the company to do with your data and what they do when you have problems

repaying the loan.

If they haven't done that then there is a claim that you can make to the Court

that your data has been processed unfairly and/or unlawfully, since your

legitimate expectations of what they would do with your data is at odds

with what the company actually did with your data.

 

When you send off a CCA request this is what you should get in response

within twelve working days plus two more days according to the Act.

 

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of £1, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but

remains unpaid, and the various amounts comprised in that total sum, with the

date when each became due: and

© the total sum which is to became payable under the agreement by the debtor,

and the various amounts comprised in that total sum, with the date, or mode of

determining the date, when each becomes due.

 

So while you may ask for the deed of assignment and the fair processing booklet, there is no legal basis for the company to supply you with that info

unless there is a mention about either of them in the executed agreement.

You should expect to receive a copy of their T&Cs in force at the start of the loan as that will usually be mentioned in the agreement.

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its not a loan as such, but a £200 current account overdraft swallowed up and increased to £500 with a sucker punch of charges. The debt is now sold to Lowell who I will be CCA'ing, and since the account was set up when i was 10 in 1988, its unlikely the BANK have my written authority to process data never mind Lowell ;) I certainly never received a fair processing leaflet.

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One more thing, the latest collection of threats from Lowell's also say if it goes to court they will persue me for contractual interest, are they able to do this? (they have bought the debt)

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Well show me where the contractual obligation is with them that you signed??

If the case was to court and if they won the judge would set the interest rate (normally 8%) not them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Current account do not come under the Consumer Credit Act

until or unless it becomes converted to a loan.

You are best to sar your bank to confirm how much of the debt is made up

with unlawful charges which you can then reclaim.

You could try a CCA request with Lowells in the meantime. It will stop them

from instigating legal action until your bank puts them straight. Then you can

tell Lowell that you are pursuing the bank for unlawful charges that make up

the greater part of the debt and thus you will vigourously contest their claim

for £500.

.

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I thought overdrafts DID come under the consumer act as its running credit?

 

It was a £200 overdraft, the amount demanded by Lowell is £500, about 400 of which is charges (the overdraft itself was used up on their charges which pushed the overdraft to the limit then beyond.)

 

The problem I also have is I dont know what the account number is, and lowells letters do not give it.

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You don't need the account number - just give them sufficient details to identify you are who you say you are.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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