RBS Credit Card CCA request-fulfilled?

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

It might not be, if the SAR reveals contumelious and/or defamatory comments in one's file.

Yes but then we're opening a can of worms thus resulting in commencement of action against a lender. We do not promote this. We help to educate and allow one to fight back; we don't look for fault to start an unnecessary battle.

Good idea - wrong forum

[Riz]

Re: RBS Credit Card CCA request-fulfilled?

A CCA s77/78 request does not supersede as DPA request in any shape or form.

And as for carrying more weight, that is a bizarre thing to claim.

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

A CCA s77/78 request does not supersede as DPA request in any shape or form.

And as for carrying more weight, that is a bizarre thing to claim.

Of course it does. ICO doesn't carry any legal weight. Unless something's changed recently?

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

The oft can close businesses; revoke licences; issue huge fines etc. The ico can't do any of that.

Please, tell me why you figure the DPA is more powerful than the consumer credit act? Or the ico being more powerful than the oft

[Riz]

Re: RBS Credit Card CCA request-fulfilled?

Of course it does. ICO doesn't carry any legal weight. Unless something's changed recently?

So banks complied with SARs when requesting details of bank charges just for the fun of it?

It's admittedly difficult to force complience with a SAR if the bank deliberately want to obscure what they do or don't have.

But if things go legal and they later pull documents out of the air that should have been produced in a previous SAR, they are going to have very difficult questions to answer.

Not saying it's perfect. Far from it. But it sometimes is worth a punt.

[CleverClogs (RIP)]

Re: RBS Credit Card CCA request-fulfilled?

Yes but then we're opening a can of worms thus resulting in commencement of action against a lender. We do not promote this. We help to educate and allow one to fight back; we don't look for fault to start an unnecessary battle.

I'd certainly advise against starting any action for defamation, even if one's name was Lawrence Godfrey, as the costs of such an action would be prohibitively high (Lawrence's own costs were in the order of £500,000) and one probably could not rely on finding a solicitor or brief to work pro bono or on a conditional fee basis.

But might one not use irrelevant and/or defamatory data to assist in any fight back, if they shewed any evidence of prejudice or discrimination?

[Riz]

Re: RBS Credit Card CCA request-fulfilled?

The ICO had their powers to fine beefed up a couple of years ago.

They probably use them about as often as the OFT though.

Next to never.

We know it's next to impossible to get the OFT, ICO or other regulator to act in individual cases.

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

Haha. CC - remember we're privy to a certain "defamation" (of sorts) claim so can see all to well why not to do it be a wanker

[CleverClogs (RIP)]

Re: RBS Credit Card CCA request-fulfilled?

The oft can close businesses; revoke licences; issue huge fines etc. The ico can't do any of that.

Whilst the Office of Faffing and Twaddling can do those things, it never seems to do anything like that. The fines it demands are hardly "huge" in proportion to the turnover of the particular companies, whilst it seems not to have revoked many licences or closed many (or any!) businesses in the last year.

True, they have stated that they are "reminded to revoke" one or two licences, but so what? The companies in question will either get the decision overturned on appeal, or they'll transfer their data to a new company which is, purely by chance, owned by the same people as the old company.

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

You old cynic you (but bloody spot on)

[CleverClogs (RIP)]

Re: RBS Credit Card CCA request-fulfilled?

Haha. CC - remember we're privy to a certain "defamation" (of sorts) claim so can see all to well why not to do it

I was also privy to the cases (yes, there were two) of Godfrey v. Demon Internet.

[Riz]

Re: RBS Credit Card CCA request-fulfilled?

True, they have stated that they are "reminded to revoke" one or two licences, but so what? The companies in question will either get the decision overturned on appeal, or they'll transfer their data to a new company which is, purely by chance, owned by the same people as the old company.

I'm waiting to see what happens with HFO/Roxburghe et al.

If those scum keep their licenses, then the OFT will lose what minuscule bit of credibility they have/had left.

For those that know how HFO behave, that would be the equivalent of the OFT putting a banner on their building saying "people in debt can go get ****ed for all we care".

[CleverClogs (RIP)]

Re: RBS Credit Card CCA request-fulfilled?

I'm waiting to see what happens with HFO/Roxburghe et al.

If those scum keep their licenses, then the OFT will lose what minuscule bit of credibility they have/had left.

For those that know how HFO behave, that would be the equivalent of the OFT putting a banner on their building saying "people in debt can go get ****ed for all we care".

I entirely agree, but I expect the buggers will retain their licences after they have agreed to certain "undertakings" imposed by the Office of Faffing and Twaddling. That way, everyone (except the general public) wins - the company can keep trading and, in a few months, revert to its previous antics whilst the OFT can pretend to politicians and press alike that it has taken strong, determined action and that everything now is simply ginger-peachy.

[Never-In-Doubt]

Re: RBS Credit Card CCA request-fulfilled?

but I expect the buggers will retain their licences after they have taken their bribe agreed to certain "undertakings" imposed by the Office of Faffing and Twaddling. been paid for their "services"

See edited quote above