Are they right? Is this legal?

fermi

RAS wrote: »

fermi and I were having a bit of a discussion about this last night,

We were. It is now a bit of a maze now regarding who you should complain.

The OFT are the people to complain to about non-compliance with their guidelines, but they can't act in individual cases. It's still worth complaining though, because they will take complaints into account when they are considering whether the creditor/DCA is fit to hold a license.

Complaints on issues post April 2006 can also be raised through the FOS, but you need to be aware of the correct procedure of complaint that is explained on their website.

If you are talking about non-compliance with a CCA request, then Trading Standards are the people to complain to in addition to the others. They are the people who have the statutory duty and right to prosecute the offence committed after 12 +30 days.

When you are considering cases where the creditor/DCA is improperly processing your personal data, recording incorrect information on your credit files, or recording information without your permission, then that sort of complaint needs to be raised with the Information Commissioner.

Does that make sense?

RAS

Fermi

I am liable to be copying your post above across a few times!

Debtfree

You have already warned them in your previous letter

4. ......... you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

So complain to all the relevent bodies, including a list of phone calls if possible.

fermi

RAS wrote: »

I am liable to be copying your post above across a few times!

With caution please. It's only my take on how the situation is now. Plus they keep moving the goalposts.:rolleyes:

EDIT: If people are in any doubt who to complain to, it might be an idea to start off with:

www.consumerdirect.gov.uk

They should be able to advise the most appropriate people/place to go to given your individual issues..

fermi

I just checked on www.consumerdirect.gov.uk for the first time in ages.

The main site banner image is FAB. :rotfl:

debtfreein2007

Just to update this thread that I started, I contacted the Financial Ombudsman about Aktiv Kapital's refusal to show me a credit agreement. I got a phonecall from the F.O. today. Nice chap, but I'm no further forward. Aktiv Kapital told him that because the debt is over 6 years old, that they don't have to have a credit agreement. I asked him if this was actually correct - he put me on hold to check with a colleague and they say, that yes, this is correct. What?! I'm staggered. He says they made me a final settlement offer and asked if I wanted to accept it. Of course not, I still don't know what the debt is for or if it's even my debt, so why should I pay anything?! I'm furious and upset. He has passed it on to "another department". This is such a pain.

Ms-Pacman

I get so cross when I read threads like this. I just don't understand how debt agencies can collect monies / debts from people with no real details as to what it is for. It is well documented that debt agrencies after buying an old debt for peanuts will do searches using names and date of births to try and match. I don't know how accurate this is but it would certainly explain the amount of peopple chased for money not owed...

I'm sure they do have the details buried under a pile of automated letters sent, but cannot understand why they don't just include the details in the automated letter sent as it would at least answer your question, saving them time as well.

Why is FSA, FOS and all the other regulators not insisting that these companies include the details on EVERY letter sent because at least then you can work out imediately what it is for.

GeorgeUK

I can just imagine him checking with his colleague.

Is this right?
maybe?
hello? yes that's right!

I'd love to see the legislation that states that they do not need to provide a CCA if the debt is 6 years old. They've probably heard about things becoming statute barred after 6 years and thought this was relevent. If you'd turned round and asked if you actually had to pay the debt because it was 6 years old it sounds like they would have agreed with you.

If you are getting no joy from the FOS, have you written to reading standards?
Might be worth getting in touch with them and providing a timeline of events and letters you have sent to them.

Beanie_Q

Hi,

I see that you are online. i was hoping you'll be able to help please.

i received a letter as well from thames credit stating that i owe Aktive capital money - no reson given for what.

i called them to enquire for what i should pay any money? and they asked for my current and previous address and DOB. at which point i said that i will not give any information until i am told about the letter. They said i need to verify you and i told them i have their refference number to verify.

any way i put the phone down as he kept asking for my details.

I am thinking of just ignoring them as they should ve told me for what and why i should pay them.

what do you think?

thanks

GeorgeUK

You did the right thing - they need to prove the debt is yours. You do not need to provide any personal details.