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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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CAG CRA S.A.R Club


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Absolutely, it is done all the time. But it is not the CRA who registeres the default - they are simply the facilitator - it is the creditor company who places it on your file. However the CRA need only their client (the creditor) to state that the consumers is in arrears or in default for the record to be updated. If you discover this and it is in error and the CRA refuses to update or correct the entry (usually after speaking to their client to originally provided the data), then your next recourse is to the Information Commissioners Office with a formal complaint, supplying any evidence to support your claim.
The number of people on here who have tried in vain to get unlawful and unprovable defaults removed shows which side the CRAs chose to beleive

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Sorry, but a DCA has the right to process your data without a CCA agreement being in place. I provided evidence of this in my earlier post.

 

 

This is where the problem lies -

 

The Original Lenders are passing accounts onto the DCA's where a CCA doesn't exist. If there is no CCA there isn't a contract between the lender and borrower ? = the original lenders shouldn't be passing anything on as in the information or a debt as sold on because there is no default ?

 

No agreement = no contract to default upon? A default should never be recorded by lender?

 

Therefore the DCA's shouldn't be continuiing processing any data let alone renewing default dates the way they do.

 

As for my problem as I wrote above - Lowell's do NOT have the right to issue the default they have or be writing about me - they haven't even got the correct account number, also they are recording it differently than a credit card account - so it is inaccurate data on those points alone - the lack of CCA is a side issue. The CRA's are irresposnible allowing this data to be published when I have never held an account with the number being recorded?

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Nope - let's take this a stage at a time. You've now added the word 'lenders' to the equation, whereas my original comments were simply pointing out that a consumer, entering into a contractual arrangement with a firm (that includes the relevant disclosure to CRA clause) no formal CCA contract is required.

 

Now, moving onto the 'default' - any firm can say you are in 'default' if they think you have broken their agreement - in the old days this was previously called a 'Final Demand' - but they link the new terminology 'cos it sounds legal-eze. Once they flag your account as in default, they can carry on and do pretty much what they like to try and get their money back. They are under no obligation to provide you with a written notice or require you to make good the problem. They can tell the CRA you've been naughty and set a DCA on you.

 

Now, for those situations where credit (money) has been provided, then for those transactions where the Consumer Credit Act applies (you would need to check that it does, and usually it is stated on your contract) in this case certain formal steps must be complied with in the issuing of the Default Notice.

 

As to your last paragraph, Lowells (whom I've deal with before and received no satisfactory communication from them) but they are a DCA and should not be defaulting you for anything since the probability is the original firm - who passed your file to them, had already done so. Therefore there is a risk you will have TWO defaults for a single debt, and that is not allowed. You would need to contact the Information Commissioners Office to deal with this.

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Experian S.A.R - (Subject Access Request) received this morning.

Right at the back, after the copies of previous credit reports (including the CreditExpert requests I've made) -

- as a one-page preface to the last 15 pages of the report - 15 pages with line after line references to goods we've bought, shopping preferences, surveys we've taken... pretty much the tracking of my life for some years, I'd imagine...

Anybody care to guess?..

It says this...

 

 

'MARKETING INFORMATION

 

This section contains information taken from our marketing database. The information will provide an indication of how your details have been obtained.

 

This information will be used for the purposes of direct mail marketing.'

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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So, if for example you fill out a survey, use a 'shopping card' (eg Boots, Tesco, Nectar, WH Smith etc) - the price you pay is your privacy. Unfortunately, as Experian says:

"This section contains information taken from our marketing database. The information will provide an indication of how your details have been obtained."

"This information will be used for the purposes of direct mail marketing."

The 'codes' are jumbled. And yes, there is an indication. Mixed in amongst all of this are phone numbers, postcodes, property details, insurance types etc.

Had an odd few days. Thankfully no post=no bank-related letters until next Thursday. Time to investigate some codes here. Perhaps even to establish whether this data is used in the 'SCOR' business.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Here's another Experian company:

Future Foundation

What we do

 

Information is a 'commodity'.

I think we're dealing with 'information brokers'.

My gut feeling is still the same - will check through what I've received.:)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Tramlines and Trampolines: Taking the trajectory of the trends shaping the UK as a society and as a market.
Future Foundation events

Scroll down to 2.30pm: "Regulation and Revolt"

I quote:

Every brand-owner has to keep assessing the balance of power between consumer-citizen and market-agent. Sales and marketing activities are constantly at the mercy of regulatory pressures, the shifting sands of social acceptance / approval, the doings of pressure groups and lobbies… Following the smoking ban, which sectors, will have their collar similarly felt in the years ahead? Will the examples of highly organised “vigilante consumerism” which have been recently directed towards the financial services sector be replicated in other markets?
We-ell... Some uber-trendy marketing prose in the whole programme I think, but where's the consumer? Oh yes, the 'vigilantes'. :rolleyes:

 

So, let's have a think... where does any link to Experian take you?

For example: take a look at the BBC News here:

" MPs call for identity fraud tsar"

Scroll down the page, in the column on the right, where it says:

RELATED INTERNET LINKS

Experian

The BBC is not responsible for the content of external internet sites

o.gif

Where does the link take you?

...

So, let's be studied, sociologically and demographically, for advertisers now and in the future?? Obviously we don't need to know about all this other stuff, do we?

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I had seen Experian person on the BBC news she was talking about peoples security and telling us the obvious like being careful with bank statement etc. The next day Experian shares went up but a day later their shares was down again. I guess Gus who used to own Experian would be unhappy if their shares kept falling after making it a PLC company.:-x

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I was awake in the early hours and scanned in the 'Marketing Data'. Have to go shopping now, and want to check I blank out any personal data, so will post it up later.

I decoded a bit though -

I'm not dead - what a relief! :rolleyes: and

I vote Labour...

hmm..

Don't be too sure! :D

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Managed to edit a couple of the scans - page 1 and page 8 should be attached. Now the first few pages of the Marketing Data are obviously from Surveys - I think? The replies look consistent. If there are white blocks on the page that's where I used MS Paint to remove personal data - remember that all of this is used for 'direct mail marketing'. And also the data compiler's name.

But check out page 8 - 'The following are freeform answers'...

The blocked out areas - my name and address.

There's more - must go shopping first. :)

Exp p1.pdf

Exp p8.pdf

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Quote:

Following the smoking ban, which sectors, will have their collar similarly felt in the years ahead? Will the examples of highly organised “vigilante consumerism” which have been recently directed towards the financial services sector be replicated in other markets

 

 

 

“vigilante consumerism” , i like the sound of that , perhaps Michael Winner can be persuaded to make a new Death Wish film.

 

He could call it "DCA Death Wish 5"

 

As Charles Bronson is now dead, i would have Viggo Mortensen (he of 2007 film "Eastern promise" fame playing the lead role.......

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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If you looked on page 1 of the Marketing Information on my S.A.R - (Subject Access Request), you'd have seen reference to EIM.

ie: "I have searched through the prospect sources held in EIM (National Canvasse, Lifestyle, Club Canvas, and they are on our National Canvasse file, sourced from a lifestyle survey..."

Experian Integrated Marketing - EIM

Experian Integrated Marketing: Home

Here's an example, following a link on the above page:

EIM — How do I increase the return from my existing customers?

You can measure customer value in many ways: volumes, revenue, profitability, product uptake or defined upgrade paths. Large organisations often use all of the above.

At EIM we can help you understand and measure your customer behaviour in crucial ways:

  • We can show you who is likely to buy more, what they’ll buy and when they’re likely to buy it
  • We can show you how they’d prefer to transact
  • We can also pinpoint and remove customers who will simply waste your marketing budget

To do all this, we build and optimise a high performance customer data environment. By linking internal and external data sources, we can help you build up a richer picture of your customers’ behaviour - so you can predict and engineer how they behave in the future.

 

Experian Integrated Marketing: How do I increase the return from my existing customers?

Look at the last sentence:

"... so you can predict and engineer how they behave in the future."

It's only business?:mad:

There are 7 Experian offices in Nottingham.

 

Shouldn't we be worried that a company has the 'legal right' to hold information about us that can (sometimes drastically) affect our lives, is also attempting to be the hub of information for businesses? (Including roughhouse DCAs!) Because we see none of this!

Our first contact with Experian is as a Credit Reference Agency. We have a 'credit file' with them. We can access it, for £2. We can sign up for monthly membership - a more expensive monthly subscription. It helps us (apparently) to be 'better informed'.

We are all being manipulated, on a grand scale.

It isn't just this link, it's the many others on this thread and throughout the Forums here.

Dip a toe in debt, and the sharks come out. We all know that here. Few people are running from their responsibilities, but everyone gets branded 'debtor' or even 'rogue debtor' very easily. It's convenient for 'rogue DCAs' to (apparently) brandish 'the law', word their letters threateningly, or try and sneak Charging Orders on our property. They can intimidate, harrass and frankly abuse people, because 'they're in the right', when it's becoming increasingly clear that they're not! They just don't want us to know!!

 

Where do the Credit Reference Agencies fit in? They're threaded right through Debt Collection!!

They're talking about a new 'Fraud Tsar'. But we need a 'Credit Reference Tsar'. Personal information should be ringfenced, not lumped in with Agencies that sell personal information - in any form!

 

:-x

Blimey! Rant over - for now!

'Vigilante Consumerism' eh?

Consumer Action Group says NO!!

  • Haha 1

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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sosumi vbmenu_register("postmenu_1169232", true);

 

Spot on ! i totally agree

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Sosumi, this is astonishing. I'm not at all surprised, but under what rights do a CRA who have obtained our information under some kind of confidentiality ( or is this the misnoma of the 'tick the box if you don't want it' [problem]?)

 

Surely they cannot be allowed to re process all our data for profit?

 

 

Me thinks these people are in for some big surprises in the coming months. This HAS to stop.

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Experian - Principal activities

last paragrah:

Interactive

 

 

Helping consumers to connect with companies via the Internet by providing a trusted information source.

 

Interactive is our Internet marketing business, providing direct-to-consumer services and lead generation for businesses. We are the online market leader in providing credit information directly to consumers in the US and UK, helping them to understand, manage and protect their own personal and financial information. Our lead generation services connect consumers with businesses on the Internet, enabling them to make more informed purchasing decisions in areas such as financial services, shopping and education. In turn, we sell the leads to business clients such as mortgage companies, retailers and online education companies.

 

See the last line?

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Also Experian's 'Overview':

Overview

 

 

Experian is a global leader in providing information solutions to organisations and consumers.

We partner with organisations around the world to establish and strengthen customer relationships and provide their businesses with competitive advantage.

We help consumers to make financial and purchasing decisions with greater confidence and control.

Data

 

At the core of Experian are comprehensive databases of credit and marketing information on consumers and businesses. These databases, derived from both public and private sources, contain extensive information that combines historical depth with significant breadth across various types of data.

 

Decisions

 

Building on this foundation of information, Experian uses proprietary analytical tools to analyse and interpret data, in order to help organisations make critical decisions in a timely and consistent manner. We have also become a trusted intermediary on the Internet, helping consumers to monitor their credit records and to make more informed purchasing decisions.

 

Distribution

 

Experian supports clients in more than 65 countries, ranging from small local businesses to major multinational organisations. We operate in many different markets, including financial services, retail, telecommunications, utilities, insurance, automotive and the public sector. This broad distribution platform is unmatched within the information solutions industry.

from here:

Experian - Overview

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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If you looked on page 1 of the Marketing Information on my S.A.R - (Subject Access Request), you'd have seen reference to EIM.

ie: "I have searched through the prospect sources held in EIM (National Canvasse, Lifestyle, Club Canvas, and they are on our National Canvasse file, sourced from a lifestyle survey..."

Experian Integrated Marketing - EIM

Experian Integrated Marketing: Home

Here's an example, following a link on the above page:

Experian Integrated Marketing: How do I increase the return from my existing customers?

Look at the last sentence:

"... so you can predict and engineer how they behave in the future."

It's only business?:mad:

There are 7 Experian offices in Nottingham.

 

Shouldn't we be worried that a company has the 'legal right' to hold information about us that can (sometimes drastically) affect our lives, is also attempting to be the hub of information for businesses? (Including roughhouse DCAs!) Because we see none of this!

Our first contact with Experian is as a Credit Reference Agency. We have a 'credit file' with them. We can access it, for £2. We can sign up for monthly membership - a more expensive monthly subscription. It helps us (apparently) to be 'better informed'.

We are all being manipulated, on a grand scale.

It isn't just this link, it's the many others on this thread and throughout the Forums here.

Dip a toe in debt, and the sharks come out. We all know that here. Few people are running from their responsibilities, but everyone gets branded 'debtor' or even 'rogue debtor' very easily. It's convenient for 'rogue DCAs' to (apparently) brandish 'the law', word their letters threateningly, or try and sneak Charging Orders on our property. They can intimidate, harrass and frankly abuse people, because 'they're in the right', when it's becoming increasingly clear that they're not! They just don't want us to know!!

 

Where do the Credit Reference Agencies fit in? They're threaded right through Debt Collection!!

 

They're talking about a new 'Fraud Tsar'. But we need a 'Credit Reference Tsar'. Personal information should be ringfenced, not lumped in with Agencies that sell personal information - in any form!

 

:-x

Blimey! Rant over - for now!

'Vigilante Consumerism' eh?

Consumer Action Group says NO!!

 

 

Spot on - a few of us have been saying these CRA's are winging it for a long time - it's high time they were taken to task over their tricks!!

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Experian - Strategy

Here's what it says:

Strategy

 

 

Our vision is for Experian's people, data and technology to become a necessary part of every major consumer economy around the world.

We believe that we will achieve this by focusing on the following strategic objectives.

  • Driving organic growth through:
     
    - Deeper client relationships
    - Geographic expansion
    - Product innovation
    - Vertical expansion
     
    Our aim is to deliver mid to high single-digit organic sales growth each year.
     
  • Accelerating growth through complementary acquisitions that bring us new data, technology, products or clients, or enable us to grow in new vertical and geographic markets.
     
    All acquisitions must deliver a minimum 10% post-tax return over time.
     
  • Delivering operating leverage to maintain or improve EBIT (earnings before interest and tax) margins.
     
    We focus on cost control throughout our operations, with some of the savings then reinvested in new products and new markets. We look to drive both revenue and cost synergies across the Group.

Key to delivering these objectives is our ability to continue to invest in our three key resources – people, data and technology.

People

 

Experian employs more than 15,500 people through offices in 36 countries. We pride ourselves on attracting, developing and retaining talented, ambitious people.

The management of talent is one of Experian’s top priorities. We invest heavily in ensuring our employees have the right environment and skills to do their best work. We also endeavour to create the opportunities for them to apply and develop these skills. Succession planning is used to ensure that appropriate leadership resources are in place to achieve our objectives and these plans are regularly reviewed by the Group Board.

Data

 

At the core of Experian are comprehensive databases of credit and marketing information on consumers and businesses.

We invest heavily each year in maintaining complete, accurate and up-to-date information, while adding new data sources, where possible, that will further assist our clients. Experian has a leadership position as the trusted steward of often sensitive information and we have an obligation to protect this - both to clients, who are the source of much of this data, and to consumers, who are the subjects of the data. We therefore operate very rigorous security and control policies.

 

Technology

 

Experian’s information technology systems are fundamental to our success. They are used for the storage, processing, access and delivery of the data that forms the foundation of our business; and for the development and delivery of the value-added solutions provided to clients.

Much of the technology used by Experian and provided to clients is developed, maintained and supported by in-house teams across our various locations. We operate continual maintenance and management of our information technology systems, including the integration of existing and acquired businesses.

'Trusted stewards'?

  • Haha 1

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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