Incorrect Data Processing?

climbintheladderouttadebt

If Vanquis are passing on incorrect details of my debt to a debt collection company (1st Credit), is this classed as breaking the Data Protection Act? The debt company have got me owing a lot more than I do, but I think Vanquis' statements show the wrong amounts also. (I cannot do a thorough check for payments made by me atm as my Internet banking is down due to maintenance and I opted out of paper statements at the end of last year.)

Any advice would be much appreciated! :beer:

beanielou

Will the extra amont not be interest & charges?
They add up very fast.

climbintheladderouttadebt

I've been told I have incurred NO extra interest and charges. I have monthly statements from Vanquis which matched 1st Credit's demands for payments for awhile, then the amounts went haywire. Vanquis added some charges (PPI) once they passed the debt over and appear not to have informed 1st Credit. Vanquis also refunded me some charges which appear not to have reflected in 1st Credit's records, however, this refund does NOT match the difference between the amounts from one company to another. I also fear that somewhere along the line, some payments I made may have been missed. It is a real nuisance that my online banking is down as I'd really like to get this straight so I can writ to Vanquis & 1st Credit!! :mad:

Surely, though, if information relating to myself is being kept incorrectly, the Data Protection Act is being broken? :think:

MrsTinks

Who exactly told you you had incurred no extra charges? If it's who holds the debt NOW then they may be entirely right... THEY may not have added any... but that doesn't mean the original creditor hasn't etc
Is it a breach of dataprotection act if they ARE wrong? No. You should however get them to correct the amount they are trying to claim.

DarkConvict

DPA states information should be accurate, however the get out clause is that if you spot it is wrong they must amend the details and correct the issue. If you can prove it is wrong and they do not update the details then DPA with the FOS/ICO could be called into action.

climbintheladderouttadebt

MrsTine wrote: »

Who exactly told you you had incurred no extra charges? If it's who holds the debt NOW then they may be entirely right... THEY may not have added any... but that doesn't mean the original creditor hasn't etc In my opinion, both companies have said, one way or another, that no charges/interest have been added - there is nothing on my statements (apart from PPI before I cancelled it) from Vanquis, no-one has notified me of charges, and it was confirmed by the operative that I spoke to today that 1st Credit have added nothing else.
Is it a breach of dataprotection act if they ARE wrong? No. You should however get them to correct the amount they are trying to claim.

Thanks guys for helping me make sense of all this. I can research all day and often still end up not much wiser!

I'll write this letter as soon as I can include correct dates of payments I made to include with what I have so far found (that the credit card company passed on a debt for x amount but bumped it up a little by another amount, never informed the DCA, money was refunded to the account by cc company, and again they did not inform the DCA, and now it appears that somewhere along the line some payment from me is missing, I think from cc company, at least that is all I can think of to explain this for now).

It's good to know that if they don't amend the details once informed, that it's breaking the Data Protection Act. I'll give them 28 days to act accordingly, and see where that gets me, but so far anything I've sent to cc company has had the standard "we'll reply within 28 days" rubbish, and of course, they don;t get back to me. I have sent so many letters now I just want this over with!

One last question, should I request a statement of account from the DCA, would they have to send me one? And should I send a £1 postal order or is there anything I need to follow? I'd like to make sure I am 100% right also and can confirm where all payments have gone!

climbintheladderouttadebt

Letter sent last week, now awaiting a response!
If I don;t get a positive result, I'll take it to the ICO. I'm so annoyed as I wanted to clear the balance in a few weeks!