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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
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CAG CRA S.A.R Club


sosumi
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According to them 'yes' they said that they will let me have a new report in about seven days time, will see what it says when I get it. I have not received my Experian report as yet and they have it now for 9 days excluding posting time.

 

BCW, I have no debt with them and indeed when I asked them to let me have a CCA they said that they would asked their client to send it to me direct and to date I have not received it. On the 30th August there a criminal offense committed by them by not sending me details of what they said I owed, I know I have no debt with them. Hopefully I will not have too much of a battle in getting that entry removed by BCW. I will however until I receive my report back from Experian and the amended one back from Experian when ever that will be. :shock:

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Is anyone able to 'cost out' the cost of setting up a Company here?

I want to know what it actually takes, legally and financially, to start a Company that has the rights to access Credit Reference Agency data about individuals.

I'm inclined to believe that there is something very underhand going on, that I think the Authorities need to know about.

If, tomorrow, I chose to become a Debt Collector, what would it cost me, how long would it take - things like that.

 

Some months ago I saw an advert on EBay for the 'sale' of a 'debt management agency' - crooked.

So what's to stop a crook masquerading as a company with sufficient credentials to access what data 'creditors' share?

Do they need any credentials?

Where are the checks and balances?

Allwood's reply from Equifax about BCW's 'trace' is that they must have the documentation to do it. Well what are they required to supply?

What's to stop a crook setting up as a company, accessing data and using that access for their gain?

Credit Reference Files are touted as legitimate, allowing creditors to make decisions about who they lend money to. That's fair enough, I think... but something more is going on. They're often referred to by DCAs in a way that I'd describe as blackmail by any other name.

I don't like DCAs full stop. I think they're grubby little companies making a lot of money out of people's misery. By any means they can. And if they get the wrong person, do they care? Not if the wrong person is so scared they give them money anyway.

Grubby little companies making ****loads of money. Costing lives.:evil:

So, how much does it cost? What does it take to become a DCA, just like the DCAs we're all dealing with? What's the list of things you have to do?

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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You can get off-the-shelf companies that have either traded or not for £99. There's nothing illegal about it - as for making it into a 'front' for a debt management enterprise, there's nothing to stop you as there is no licencing process. As for the CRA's if you can pay them the money, they'll provide access to the 'club'. In days gone by my bank actually did this (checked the status) of a potential customer for me for a small fee!

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Thanks Buzby. :)

If you read this (it's very short to read, PDF):

'Starting in Business as a Debt Collecting Agency' - CSA

it's pretty clear that setting up isn't exactly rocket science.

£99 and you've got a Company. Here's a quote from the CSA Factsheet above:

Start Up Costs

Many consider that minimal capital outlay will be needed to start the business.

Although it may be possible to work initially from home, it is more professional to have an office base.

A telephone and preferably a fax machine with a separate telephone line will be necessary.

More than one telephone line will allow callers to get through when the first line is engaged.

If callers can’t reach you, they may well pass their business to someone else.

All-in-one fax, telephone, answer-phone with occasional photocopy facility cost from £150.

To maintain records, keep accounts and deal with correspondence, a PC is a great asset.

A basic computer with word processing facilities and a printer can be bought from around £600, but prices vary depending on the functions needed.

The cost of all relevant insurances which may include cover for libel and professional indemnity, running expenses such as postage, telephone, office rent, electricity, rates etc must be taken into account.

Above all, potential agency start-ups will need sufficient capital to fund their owners’ livelihood during the initial period.

A car will be necessary.

Most people starting in business as a collection agency underestimate the time it takes to gain enough new clients to fund themselves and their business.

It is recommended that a thorough business plan is made at the outset to cover the first three years of operation.

Owner should consider whether their focus will be towards consumer or commercial debts, although working in both areas is quite possible.

Operation

The agency should be streamlined and efficient, with the ability to assess and prioritise debts. It is essential to have a clear contract with clients and a good system for mailing and chasing debtors.

Effective new client sales and customer service procedures are necessary. Good and effective banking facilities should be negotiated.

You'd think setting up as a DCA would be more complicated than that, wouldn't you?

Seems not. Bit of dosh, a nod and a wink.:evil:

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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Thanks Buzby. :)

If you read this (it's very short to read, PDF):

'Starting in Business as a Debt Collecting Agency' - CSA

it's pretty clear that setting up isn't exactly rocket science.

£99 and you've got a Company. Here's a quote from the CSA Factsheet above:

You'd think setting up as a DCA would be more complicated than that, wouldn't you?

Seems not. Bit of dosh, a nod and a wink.:evil:

Dont forget the need to employ a few thickos as call centre threat operators. No Knowledge of the law is required

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Oh Sosumi, you're catching up with me!!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/117547-experian-incorrect-information.html

 

I'm having the time of my life with my new Company 'Catchem, Bojjum and Swindell'.

 

I've just sold 'Banamix' to 'Credit Sewiss' for 400 Mil, but only actually paid 40 pence and defaulted on the balance. I managed to get an IRS charge-off through our branch actually based in the Bahamas but also registered in Matabeleland, and Lewole Group bought the remainder leaving me nicely in the black.

 

Just to finish off a hard day at the office, I've ordered 4 Hawaiian Pizza's (from Hawaii) and a magnum of Bollinger, and for a laugh transferred Wayne Rooney to Ulan Baator U-11 girls team for 40 quid, all on the Company credit card!!!!!.

 

Oh hapy daze!!!!!!! ;)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Oh Sosumi, you're catching up with me!!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/117547-experian-incorrect-information.html

 

I'm having the time of my life with my new Company 'Catchem, Bojjum and Swindell'.

 

I've just sold 'Banamix' to 'Credit Sewiss' for 400 Mil, but only actually paid 40 pence and defaulted on the balance. I managed to get an IRS charge-off through our branch actually based in the Bahamas but also registered in Matabeleland, and Lewole Group bought the remainder leaving me nicely in the black.

 

Just to finish off a hard day at the office, I've ordered 4 Hawaiian Pizza's (from Hawaii) and a magnum of Bollinger, and for a laugh transferred Wayne Rooney to Ulan Baator U-11 girls team for 40 quid, all on the Company credit card!!!!!.

 

Oh hapy daze!!!!!!! ;)

 

So you've had a good day then Danny?

 

Nice to see you didn't sell of Bend it, Crank 'em & Duff' em Ltd - you'll need to pay for Christmas out of those profits ;)

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:D:D So, how much are we talking about?

Office - put a table in the front room.

Telephone - front room.

PC - get one easy for under £200. Printer thrown in.

Maybe 2 phone lines, maybe not.

'basic wordprocessing facilities' - ooh for nastygrams!

Easy start up for under £500. If you've got the PC - quids in!

So under £100 - a company.

Seems to me you can buy any information you like.

 

Cost - less than a monkey to be a DCA.:rolleyes:

 

So, how would you ask a Credit Reference Agency for data?

How would you word it?

How long would it take?

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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It actually all sounds a bit ridiculous but if you really want to know how it works, go through the motions as if you were setting one up for real. You can even go as far as making enquiries with HMRC, and contacting local firms who might be interested in your 'services'. Helps if you know a good accountant too. You'll probably be surprised how easy it is - virtually anybody can do it if you're not a disqualified director or bankrupt.

 

I just hope you don't actually see it through. I mean, if you were happy to operate on a reasonably modest scale the whole thing is quite plausible and you might be tempted to supplement your income.......

 

"NO. Move away from the 'phone Sosumi and put your hands up....real slow....so I can see the hairs on the back of that hand......." ;)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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DEER Xpeerion

IM a det cleckter pleese tell mee oll u no abowt Diskmandave an oll off them caGGers.

 

yours faiffly end singceeerelly

 

 

Richard Head

Scary Det Clekters limitid

 

LOL!

 

Incidentally, I used to work with a "Richard Head"! Not this one, though...

 

I've also had a boss called Mr Meehan - pronounced "Mean"!

 

:D

 

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Do not forget that you can claim a start up grant for your [problem] 'sorry' business. The grant would surely pay everything you need. As for getting clients all it seems that is needed is to have is a license (or friends working within the CRA) and then you are at liberty to go thought the CRA files to your hearts content picking names out of the files report to send out nasty letters to people that may have been wrongly put on the CRA or people names that should not be on the CRA files in the first place. Just keep harassing these people to pay up and if these little people should dare to protest you can threaten to send out the bullies to them and 'Hay Presto' you have squeezed money out of someone who may have to go hungry to pay you to get you off his/her back.

What an easy way to make money however the down side would be that you would need to be made of steel and have no morals whatsoever to do this for money that DCA's are doing it all the time. :Cry:

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DEER Xpeerion

IM a det cleckter pleese tell mee oll u no abowt Diskmandave an oll off them caGGers.

 

yours faiffly end singceeerelly

 

 

Richard Head

Scary Det Clekters limitid

 

and just to confuse the caGGers you wanna rite an cullkt muny off you cud alweeys start sister cumpneey an call 'em det clekters R us - cus they be proper scared then an will pay up even if thay not owe us muny - just by a laoda bright scary paper that'll make 'em rite cheks to us!! :D

 

eezy muny!!

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:lol::lol:

PS DB - £485 pounds for credit license, we'd be talking £600 then?

What's slang for £1000? Thousand quid could include membership of something a bit financial too.

CSA?

CSA's got a new training course here

Handy.

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 wounder would you have to apply to get exempt from VAT from the VAT man. It does not take brains to set up a company like this hardly any set up charges at all no overhead like premises, you could get a good deal with BT and an account would be needed as Danny mentioned. If anyone should do this then please first chase the hard neck DCA first whether they owe money or not - do what they do just forge documents try and take them to court - sounds very appealing. :-D

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ladies and gentlemen,

 

I have spent many hours reading this thread alont, and I havent scraped the surface so apologies if this is old news but. Has anyone commented on the contents of this letter from the ICO http://www.experian.co.uk/downloads/compliance/closedAccountsConsentLetterExperian.pdf

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I don't think it really says anything that's not already known, for instance, the fact they keep records for six years even after things have been concluded one way or another, or that the information held may be prejudicial to your future chances of credit.

 

It says "the complainants argument is based on the assumption that the CRA need consent to process account information. This is not the case."

I take that as meaning you gave your consent when you took (or applied for) the credit in the first place with the OC, because on most if not all contracts and applications there is a clause which states they search CRA's etc, etc, and that in the event of default your account may be passed to a DCA and adverse information recorded. The CRA does not need separate consent, because it was given at the time of application. As for 'selling' to a third party...well that's another thing.

 

It seems to be an issue of historical information left by DCA's/OC's for future credit applications to be assessed, and the Information Commissioners Office agrees that six years is fair.

 

..or did I get the wrong end of the stick??

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Of course, there's no legal basis for this or any other argument that says consent continues after default/termination of the contractual agreement - which is why I think it can be challenged.

 

Remember, the ICO only offers advice on how the Act applies in a practical sense - the Courts are bound by precedent of previous cases, in which the ICO's advice isn't.

 

There's some more background on this here; (along with the same issue with the FSO)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

 

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Had my report back from Experian and it came up clear so did CallCredit - I am awaiting my amended report from Equifax to what changes they have made. ODC when I was speaking to Equifax they told me that whoever looked at my file would have saw what they had sent me. Therefore that entry by Abby for a saving account would show up to anyone that was looking at my report. How can I get that entry removed by Abbey it was only for a saving account and my part-time salary of 16hrs per week at the minimum wage is lodge there each week. I feel that entry is very damming to me and I want it removed.:|

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Are you talking about recorded searches, Allwood? Agree with ODC that these will remain - unless you can prove you didn't give permission for the search, which is difficult if you've signed anything as there is usually a "we can search your file if we want to" clause. (Although, I would be challenging that under the UTCCR's as an unfair term that causes you prejudice - but that's the type of person I am!)

 

You should be ok unless you have loads of searches - most companies know what customers "search" around for best deals and usually allow a certain limit of recorded searches in their scoring criteria. If you have, say, more than 6 recorded searches, you may want to challenge some - I personally don't think it's worth it, as you just need to wait for them to "drop off" your file after 12 months. (Incidentally, they still stay on your file as recorded searches, they just don't "appear" to anyone searching your file after the 12 month expiry)

 

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