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URGENT - RE DEBT CASES ASSIGNED

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Post by Waffle on Fri Oct 06, 2017 9:35 pm

After "assignment" the assignee becomes the data controller for your portfolio, but its apparent that they do not acquire the data unless a SAR is authorised, by authorising a SAR we are authorising them, as you say Handle, to dip into our personal data the OC may be holding.

If we are going to authorise a SAR we should be asking specifically for the data the assignee is holding and not authorise them to acquire data fro the OC.

We should be writing to the OC sending a section 10 notice from the data protection act requesting the OC to stop processing our data, we should also be terminating any rights they believe they have to transfer our data to a third party.

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Post by Tiggy on Fri Oct 06, 2017 9:50 pm

@handle wrote:I have discovered something.

BE CAREFUL - about doing a DSAR (Data Subject Access Request) on any debt collecting company or the original creditor.

It seems I have fallen foul of this on a couple of occasions - where I have done a DSAR the assignee of the debt has started legal action, and have has a either copy of the original agreement or a copy. On those that I did not do a DSAR, legal action has not started.

I realise, when I do a DSAR the original creditor digs up the data from archives, and then they pass it over to the assignee. For some reason without the DSAR the original creditor has not passed over details (eg microfiche copy agreements) either because it is too costly for them to do it (with a DSAR they are forced to do it) OR they are not allowed to give my personal details out unless i did a DSAR.

I get loads of pressure letters from collectors, and they make me feel like jumping to do a DSAR. I think this is a ploy. Also, there are loads of sites out there about how easy it is to do a DSAR.

In a nutshell, doing a DSAR is extracting archive data that benefits the assignee of the debts and the original creditor.

.... and this is exactly why you should NEVER DSAR or request a copy of the agreement with an OC or DCA BEFORE a debt is sold on, you put the OC under a legal obligation (under the Data Protection Act) to obtain and keep all the data they have on you.

This makes it all the more likely they'll pass that data onto a debt purchaser and it's why we say 'ignore' any attempts at contact from an OC's Debt Agent.

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Post by Waffle on Fri Oct 06, 2017 11:52 pm

There is also a pretty good chance they are purchasing your data and thats it, there may not even be an assignment, you wouldn't know unless you saw documents of title, which is what you want to ask for from the assignee. Its the illusive deed of assignment no one has ever seen, your asking the for proof of the assignment, which they can never do.

If it were me I would go straight to the OC with the section 10 notice and probably include a section 11 notice (stop processing my data for marketing purposes), for all we know the 'assignee' may have just acquired data for marketing purposes......


10. Right to prevent processing likely to cause damage or distress.
11. Right to prevent processing for purposes of direct marketing.

https://www.legislation.gov.uk/ukpga/1998/29/contents

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Post by petesomething on Sun Oct 08, 2017 5:13 pm

HI handle

i believe DCA,S ONLY buy your data , this is why i would always wait until data debt is sold to them ,

we should call all debt from DCA,S as data debt , i think the courts know this
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Post by waylander62 on Sun Oct 08, 2017 7:59 pm

no there is and will be a sale agreement executed as a deed assigning the debt, hence deed of assignment

There ARE terms and conditions within the D of A which the DCA will not have adhered to which is why they dont want you to see it ! it has NOTHING to do with other peoples data as the actual agreement does not contain this information.   Its a smokescreen so they dont have to provide it.

as waffle said it would not do any harm writing to the OC regarding section 10 but i would expect them to reply by telling you the debt and data were transfered.

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Post by petesomething on Mon Oct 09, 2017 9:31 pm

HI
We know DCA just buy data ,not just your data but hundreds of data, if you force the DCA they will make up paperwork to get your money , If you go through the court to make  DCA  or there solicitors to produce the documents ( at the right time ), they will try and get more information say from the bank , then they will make up the paperwork on what information they have got but this is where they make mistakes, all documents must be true copies

if it is a new debt not very old and the bank still owns the debt or they just using DCA as a agent , they may still have all the paperwork to win in court , so dont legally force the banks for documents at this time or this is when they may sell the debt to the DCA with all the paperwork :x

i would never contact OC  :shock:

Any letters from DCA,s use the new 3 letters
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