Credit agreements - getting information

 August 2014

Fact sheet no. 29

 

What if the creditor has sold the debt to another company?

If the original creditor has sold the debt on to another company, the new company becomes the ‘creditor’ and must deal with your request. If the new company does not agree to do this, they should tell you who can give you the information, or pass your request on to the original creditor themselves. 

The Financial Ombudsman Service (FOS)

Important:

complaining to FOS 

You can only complain to the Financial Ombudsman Service  about events that happened from April 2007 onwards.

If you think that the new company has not behaved as they should, you can make a complaint to the Financial Ombudsman Service.  You will have to follow the company’s complaints procedure first. See the later section Useful contacts.

The Financial Conduct Authority

See our fact sheet:

Complaining about your lender.

The Financial Conduct Authority has published detailed advice on how creditors should act in the Consumer Credit sourcebook. See the later section Useful contacts

If the creditor does not reply to your Data Protection Act request

If the organisation does not send you the information that you requested within 40 days, you could send a reminder by recorded delivery. If you still do not receive a reply, you can make a complaint to the Information Commissioner’s Office (ICO). If the ICO thinks that the law has been broken, they might tell the company to follow the rules. In serious cases, the ICO can send the organisation an enforcement notice to force them to send you the information. See the later section Useful contacts.

Extra advice:

getting information under the Data Protection Act

Organisations have to send you the information you ask for under the Data Protection Act, even if they have started court action.

Information:

complaining to the Information Commissioner's Office

You can use the Information Commissioner’s complaint form on the Information Commissioner’s website or ring their helpline on 0303 123 1113.

 

Useful contacts

Citizens Advice consumer service
Phone: 0845 404 0506
www.citizensadvice.org.uk/consumer/

Financial Conduct Authority (FCA)
Regulator for financial services such as banks and credit companies, insurance companies and mortgage lenders.
Phone: 0800 111 6768
Email: consumer.queries@fca.org.uk
www.fca.org.uk

Financial Ombudsman Service
Phone: 0800 023 4567 or 0300 123 9123
www.financial-ombudsman.org.uk

The Information Commissioner's Office
Phone: 0303 123 1113
http://ico.org.uk