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  • SAR received - no DCA there

    Hi all,
    In end of July I SARed one of my creditors (extended version) and received quite a lot of paperworks.
    In my request there was a sentence:
    [size=5]If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
    From June I am receiving requests to pay the debt from one DCA.
    BUT, there is no mention about them in any part of received SAR.
    I have asked them twice to provide me with the proof that they have been appointed by original creditor. No answer so far.
    As I was identity fraud victim in the past (which in fact caused my current debt problems), I will not enter into any correspondence with anybody who claims is appointed without seeing some sort of proof.
    At least HSBC sent me letter about passing the case to Metropolitan, who then sent me a letter about DG Solicitors. And Barclaycard also have informed me about Mercers and Calders.
    Maybe it's a long shot, but if neither they sent me a letter of appointment nor original creditor sent me anything about passing debt to DCA, then is it unlawfull or at least breaking Data Protection Act? I am thinking about sending them back FO letter and report them to ICO as in my eyes they are processing my personal data without any sort of authorisation.
    They obviously know my address, card number and account balance, but such data is available to any unscrupulous Call Center employee. What would stop such a person to pass the data to some rogue friend who set up DCA? And they are asking for payments to be sent to their account, not to the one I used to pay. Why would I ever to pay anything to DCA's account if they have failed to prove the legitimacy of their requests?
    Sorry for long post but am really frustrated...

    BTW. In response to my SAR request, I have not received neither CCA nor default letter - only statements and a lot of messages and printscreens. Which makes me even more confused and frustrated.

  • #2
    Re: SAR received - no DCA there

    Hiya

    back of all terms is your authority to share data with selected third parties. If you refuse, then you basically cancel your right to the product - it's their way of ensuring they can contact CRA's etc....

    also, you're confusing DPA with assignment. When an account is in arrears a lender can partially assign a debt to a third party to colelct on their behalf, part of this means the 3rd party is acting on behalf of the original creditor so the OC is responsible for their conduct. Put simply, DPA doesn't come into it because it is only partially assigned it means the lender is sharing your data with the 3rd party and authorising them to contact you on their behalf - think sub-contractor.

    Basically s.10 (DPA) is fruitless. let it go, you'll have bigger things to fight.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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