An Abuse of a Notice Pursuant to S10 of the DPA!

[philread1]

Hello Everyone

 

Can someone please tell me if I have substantial reason to take on Capital One, as I requested that they stop processing data on myself to third parties after I put a claim in against them for charges, only to get a letter telling me that they had sold my debt on to a DCA, hence passing my info on to a third party?!!!!!!!

 

How do I go about this, as I think I'm entitled to damages from reading the Data Protection Act itself?

 

Phil:-)

[sortingitout]

I am in a similar situation. I sent a CCA off, they are in default and have not sent a proper executed agreement, but have defaulted me. I have written a letter today, which you can work off and maybe also help me improve, if you want i will PM it to you.

[philread1]

Hello Sortingitout

 

Yes, I'd like a copy of your letter if that is OK?

 

There is a case here, I'm sure, as the Data Protection Act is rigorously applied in this day and age, and they have acted in spite in my opinion and outside of the boundaries of the DPA because I have dared to question their unlawful charging regime!

 

Another well known financial institution did the same to me when I successfully re-claimed a load of charges from them!

 

I'm sure we can proceed forward with this, but its just how we do it?!!!!!!

 

Phil:)

[lookinforinfo]

It's very easy to sue for damages under the DPA, but much more difficult to actually get a Judge to allow the claim. You have to be able to show that

Capital Ones' action did cost you money.Which part

of the DPA are you thinking of that allows claims for damages in this instance?

 

If you look at their T&Cs, you will find that they include passing your details

on to third parties in the event of you not adhering to the contract. So there

is no breach involved just by selling on your debt to another company. Indeed,

the consumer Credit Act 1974 specifically mentions the assignment of

debts onward.

 

So a letter from you forbidding the passing on of your data to others especially at a time when you were behind in your payments in itself was

doomed to fail.

 

However, depending on how far you had gone in recovering unlawful charges

from them may have more merit.

Had you gone as far as demanding your charges back? And how much are the

charges in relation to the total debt? Have they defaulted you?

 

If they sold on the debt knowing that you had already claimed a percentage of the debt, then the debt collection company would be interested since

had they known [and maybe they were told-yeah right] they would have put

in a lower offer, or not bought the debt at all.