CAG CRA S.A.R Club

[Newborn]

Further to my post above, there is of course the further question as to whether this is a principle also followed by organisations such as TS and the OFT.

This could explain their relative reluctance to get involved.

If they have such policies in place or are making decisions of this sort they are operating (IMHO) ultra vires. Especially if this part of the decision making process was not referred to in their reply to the data subject.

Should a complaint to one of these organisations seem to be unfairly rejected, we should ask whether this has been a factor.

In future, when referring a case to IC, TCS or OFT maybe we should include the sentence:

 

I refer this case to you solely within your jurisdiction as (insert TS, OFT, IC as appropriate). Please can you give me your written assurance that the decision you arrive at will not be biassed by any policy or perception that your organisation or staff have with regard to cases involving debt. Should you be unable to do this, please can you inform me why this cannot be done with references to any statute, policy documents or other written procedures.'

 

May seem a bit heavy but it would ensure that they looked at the case properly.

 

Newborn

[car2403]

Further to my post above, there is of course the further question as to whether this is a principle also followed by organisations such as TS and the OFT.

This could explain their relative reluctance to get involved.

If they have such policies in place or are making decisions of this sort they are operating (IMHO) ultra vires. Especially if this part of the decision making process was not referred to in their reply to the data subject.

Should a complaint to one of these organisations seem to be unfairly rejected, we should ask whether this has been a factor.

In future, when referring a case to Information Commissioner, TCS or OFT maybe we should include the sentence:

 

I refer this case to you solely within your jurisdiction as (insert TS, OFT, Information Commissioner as appropriate). Please can you give me your written assurance that the decision you arrive at will not be biassed by any policy or perception that your organisation or staff have with regard to cases involving debt. Should you be unable to do this, please can you inform me why this cannot be done with references to any statute, policy documents or other written procedures.'

 

May seem a bit heavy but it would ensure that they looked at the case properly.

 

Newborn

 

These supposed independant regulators have been making such policy decisions since their inception.

 

I completely agree that what they are doing is ultra vires - it would be interesting to see I.C.O./O.F.T./T.S. decision being challenged in Court under the doctrine of Judicial review. I have a feeling that will never happen though.

 

They shouldn't be driven by political agenda neither, but they are.

 

No wonder the credit industry is shaking in its boots - I wonder how long it will take for the law to change to support them, rather than backing the consumer/layperson, to ensure this doesn't continue. (Refer to CCA 2006 unenforceable agreements, for example)

 

Now is the time to challenge these organisations, to ensure the tide turns, before that happens.

[humbleman]

Representatives from the Association clarified the processes involved in tracing gone-aways to the Information Commissioners Office and how data is used both in the office and out in the field. Specifically, the Association detailed how its members currently validate data supplied by credit reference bureaux during their tracing activity. This includes comparing the information with other databases such as the voters’ roll and CCJ records, checking with neighbours at the debtor’s last known address, and confirming departure and new occupancy dates as well as contact telephone numbers and dates of birth.

 

The Information Commissioners Office confirmed that it does not question this process.

 

Does anyone really believe that the CSA told the ICO how they really behave in real life, I think not. The fear is the CRA's CSA are all going through the back door to OFT, ICO and lining them up in their favour. Perhaps the consumer pressure groups should have a meet with the OFT and ICO and give them a few lessons and examples of how crooked some of this organisations are.

[sosumi]

Has anybody seen a recent news item about penalties for illegal access to personal data? I saw something, but can't remember where - £5000 fine plus a jail term? Wouldn't a 'Trace' on both our Equifax CRFs, by a Debt Collection Agency, when there never was any kind of dispute about our address... and conducted on the same day they received a request for a CCA (I have the signed Proof of Delivery), which they never mentioned to us??

 

That, to me, is unauthorised access, some kind of 'scouting trip' to see if they could get 'something else' on us?

 

We know it, I believe the Information Commissioner knows it, and we're finally (I hope) getting through to the Original Creditor (Bank). They used this DCA unnecessarily and according to OFT 664, are equally responsible for the DCA's dirty tactics.

 

We don't have much money, but would like to see this DCA in court, facing jail.

[Vulture_Bank]

Rogue Debtors meet Rogue Traders !!!!!!!!!!!!!!!!!!!!!!!

 

 

1.12 This analysis suggests that non-compliance is not restricted to a 'rogue trader' element, as some industry commentators had suggested. Trade association members have also given rise to complaints investigated by the OFT. Many of the complaints pointed to system failures as opposed to deliberate flouting of the guidance.

 

 

http://www.oft.gov.uk/shared_oft/bus...dit/oft880.pdf

[elizabeth1]

The CSA's regular references to the 'rogue website' issue shows just how worried the debt industry really is. If a DCA has a legal right to collect a debt, and can prove this with the relevant paperwork, then they have various legal remedies available. Short of being advised by a website to buy a canoe and disappear, I do not see how a debt can genuinely be avoided in these circumstances.

 

Of course, what the CSA really don't like is their members being forced to acknowledge that most debtors are 'can't pays' rather than 'won't pays', they don't like those upon whom they prey being aware of their legal rights, and they don't like the questionable methods they use being brought into the open. They also don't want their members to be made to comply with laws and regulations, not least because it proper compliance would lead to increased costs, decreased collections and lower profits.

 

 

 

 

Why, has the Information Commissioner run out of lavatory paper?

 

 

I couldn't agree more with this point - the last thing the industry wants is "informed consumers who know their rights" - that just wouldn't do would it?

For decades many companies have got away with non compliance and pulling the wool over the eyes of the consumers so that they didn't know what was going on and simply paid up regardless of the wrongs of these collection agencies and original lenders.

 

So good to see that websites like this are helping consumers!!

 

Happy New Year everyone!!

[FANTASY CHARGES]

"do As I Say Not As I Do "

 

"Judgement obtained against Creit By Instinct Ltd

I run a small marketing agency and was one of the suppliers to Credit By Instict Ltd who organised the Credit Up North show.

 

We have not been paid in full- despite numerous e mails and assurances from Mr Holt that we would be.

 

We have obtained a county court judgement for just over £6000- the court gave the opportunity to Credit By Instinct to make a payment into court as a condition of defending the action. They failed to do so."

 

http://www.credittoday.co.uk/forum/m...ead=277&page=2

[ODC]

ROFPMSL.

 

They should sell the debt to a professional outfit like Clownells

[cashins]

Has anybody seen the irony of a Quasi Autonomous body, (as it says on the tin), investigating data protection issues, when it is very obvious the the government itself has not a clue itself how to handle data?

 

Regards

[babybear39]

Yup, most deffinately

[Allwood]

The government has demonstrated time and time again that they are incompetent with our data. As Blair once said dose he look bother!!! I expect Brown feel the same.

[mrmarmite]

i guess blair not realised, if he wernt gettin paid so much and claimed child benefit his bank details would be on the "Missing" discs aswell ! ! ! ! !

 

hmmmmmmmmmmmmmmmmmm now where did i put those discs................................

[jody123]

As if Blair gaves a toss now that he's a tax exile!!!

[mrmarmite]

kk. does Brown have any kids

[Goldlady]

Blair will get child benefit

[jody123]

don't think Blair get's child benefit now that he is no longer resident in the UK - anyone wonder why the learner drivers info was in the states - could it be so that the government can circumvent the human rights laws by having a database of all individuals held overseas - or are the details being held for posterity by one of the credit agency's overseas offices? Or maybe it's all part of America's war on terror...and a legacy from Blair's days now that he's being paid £5 million a year as a part time consultant for a big america company - that surprise surprise is part owned by Bush's family....Gosh - I think I could start a really good conspiracy theory on this one....Sorry if this is off thread and detailed elsewhere - just thinking outloud!!

[cashins]

Yes, Brown does have kids (1), I seem to recall they also had another that was stillborn or died, (definately not a joking matter).

 

It could be said that, with all thats come out of the woodwork since Mr Slippery did a bunk, he has definately been left holding the baby!

 

Regards

[Allwood]

People are paid for children allowance that does even live in the UK - million of pounds - estimated a million a month.

[Allwood]

Forgot to mention about 27 billion that is going to Northern rock bank this amount is being paid because manager made cock ups and we have to pay for it from our taxes.

[renegotiation]

Shouldn't this thread be stickyed? I don't think the C.R.A.'s and their cronies would like to see it stickyed though. Oh deary me.

[cashins]

Had a look again at the 1st post I did when I joined the forum. It was basically an information post as , in the past I had worked in finance and had some knowledge of how DCA's operated. In the post (CRA Reports, 08 11 07, 'Cashins'), I mentioned in passing why most mortgages don't appear on credit reports. The reason is:

 

"that Building Societies are very protective of their customer details and don't want to put the on what is effectively an open forum for lenders"

 

That surely has to prove the point!

 

Regards

[snlc]

I changed my interest rate with Abbey and I had had a mortgage for 20 yrs with them without being on a cra file. The minute I change the interest rate they deemed the mtg a new deal and started registering it at the CRA's - I went ballistic - Didn't make a hapeth of difference - Abbey are the pits as far as I'm concerned on all fronts, Mtgs, Banking, Insurance. Any complaints falls on conveniently deaf ears they are the pits and the bottom of the pits at that. I've been loyal to them for over 20yrs..They don't give a ****.

 

Tom

[make them aktiv runners]

From Experian's website, as statement of corporate responsibility:

"We interpret this as taking due regard for society's expectations of large companies. We believe these expectations to be for steadily higher standards of conduct and for taking increased responsibility for the direct and indirect effects of our operations."

[renegotiation]

From Experian's website, as statement of corporate responsibility:

"We interpret this as taking due regard for society's expectations of large companies. We believe these expectations to be for steadily higher standards of conduct and for taking increased responsibility for the direct and indirect effects of our operations."

 

Theory and practice lol. They just stated how they 'should' act, not how they 'would' act. I especially llike the bit about responsibility for their indirect effects. Noble stuff.

[make them aktiv runners]

Considering how many are getting responses of "it is not our data" I thought the above was rather comical (hence I posted it).