Nov '25 • GDPR for Debt Collectors
a response to DCA for a credit card debt
I created this notice today with help of debt validation chatbot, I would appreciate comments regarding it's validity and whether it's correctly issued, if anything should be added or removed. Planning to send it on Monday. Thanks in advance
Notice
Subject Access Request, Restriction Request (Article 18) and Objection to Processing (Article 21)
This formal Subject Access Request is made pursuant to Article 15 UK GDPR and Sections 45–54 of the Data Protection Act 2018. For the avoidance of doubt, I also reserve all equitable rights and remedies, and I place you on equitable notice that any reliance on alleged assignment, title or authority must be evidenced with accuracy, candour and clean hands.
Royal Mail Reference Number:
From:
To:
Date:
Your reference number:
Your client reference number:
For identification, I provide your internal reference numbers and a redacted utility bill showing my name and address (a mobile phone bill qualifies as a utility bill for this purpose). You have no lawful basis to demand photo ID, passport, driving licence or biometric identifiers; such a demand would be excessive and contrary to GDPR Articles 5(1)(c) (data minimisation) and 5(1)(a) (lawfulness, fairness, transparency).
Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 (Ch) confirms the requirement of signature under the hand of the assignor.
Technocrats International Inc v Fredric [2004] EWHC 692 (QB) confirms that a non-compliant assignment creates only an equitable interest.
W F Harrison & Co Ltd v Burke [1956] 2 QB 454 confirms that a defective notice defeats statutory assignment.
Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607 confirms the debtor’s entitlement to sight of the deed.
Promontoria (Oak) Ltd v Emanuel [2021] EWCA Civ 1682 confirms that a Notice of Assignment alone is insufficient.
Lord Denning MR affirmed that a debtor is entitled to inspect a deed to verify any alleged assignment, and that withholding such evidence frustrates the debtor’s right to know the true creditor.
A Notice of Assignment is not a deed. A deed cannot be perfected by notice. A defective notice cannot cure an ineffective instrument.
The distinction between legal and equitable assignment remains governed by Section 136 Law of Property Act 1925 and Law of Property (miscellaneous provisions) Act 1989 requirements on execution of deeds.
The following items are the numbered requests to which you must respond point by point, fully and directly, without omission or amalgamation.
1. Preliminary Inquiry on Capacity and Title
1.1 Confirm whether you purchased the alleged debt as a legal chose in action and claim to enforce in your own name.
1.2 If yes, provide full particulars of the acquisition including date, parties, consideration and instrument relied upon.
1.3 If not, state clearly whether you purchased only data relating to me, or whether you act merely as an agent, contractor or third-party processor without legal title.
1.4 State whether you assert legal title, equitable title, or no title at all.
2. Deed of Assignment (Where You Allege Purchase of a Chose in Action)
2.1 Provide the legally executed deed of assignment to the extent that it contains data relating to me.
2.2 The deed must include unredacted:
2.2.a My name and identifiers used to define the alleged account.
2.2.b The assignor, assignee, execution date and signatures meeting the statutory formalities for deeds under LP(MP)A 1989.
2.2.c A description of the alleged chose in action.
2.3 You may redact only data relating solely to third parties or commercially sensitive terms not constituting my data.
2.4 Confirm whether any Power of Attorney was used and provide the same to the extent it contains data relating to me.
3. Subject Access Request – Data Relating to Me
3.1 Provide all data relating to me that you process, including copies of:
3.1.a All data you received from any third party.
3.1.b All data you disclosed to any third party.
3.1.c All internal logs, call notes, system notes, decision entries and metadata.
3.1.d All emails, recordings, transcripts and system-generated documents relating to me.
3.1.e All data shared with credit reference agencies and the basis for each disclosure.
3.1.f All data you received from the original creditor, brokers, tracing agents or CRAs.
3.1.g All profiling, scoring, tracing or enforcement tools used that incorporate data relating to me.
4. Third-Party Disclosure Log
4.1 Provide a complete log of all disclosures of data relating to me, including:
4.1.a Identity of each third party.
4.1.b Lawful basis relied upon.
4.1.c Date and purpose of each disclosure.
4.1.d Any onward disclosures known or reasonably obtainable.
5. Lawful Basis, Legitimate Interests Assessment and DPIA
5.1 Identify the lawful basis relied upon under Article 6 UK GDPR for each category of processing.
5.2 Provide your Legitimate Interests Assessment, including the purpose, necessity and balancing tests.
5.3 Provide any DPIA relied upon for high-risk processing.5.4 Provide your retention schedule and legal justification for retaining data relating to me.
6. Accuracy, Source and Verification
6.1 Provide the source of each item of data relating to me.
6.2 Provide evidence that you verified accuracy before use.
6.3 Provide your procedures for correction, suppression or restriction.
ARTICLE 18 REQUEST: Restriction of Processing
I hereby exercise my statutory right under Article 18 UK GDPR to restrict all processing of data relating to me pending full compliance with this request and until lawfulness is established.
ARTICLE 21 OBJECTION: Objection to Processing
I hereby object under Article 21 UK GDPR to the processing of data relating to me for any purpose relating to alleged debt enforcement, profiling, tracing, scoring, collection, or disclosure until lawful basis, title and accuracy are proven.
Method of Response
You must respond by traditional post only. Any emails, texts or calls will be treated as harassment and unlawful processing.
Your response must:
• Use clear, plain English.
• Address each numbered item point by point.
• Be signed in wet ink by a responsible officer and state their full name, title and position.
• Contain a declaration that the information is true, accurate and complete to satisfy Article 5(2) UK GDPR (accountability, transparency and traceability).
Deadline
Your response is required within one calendar month pursuant to Article 12(3) UK GDPR.
Equitable Notice
I reserve all equitable rights and remedies. Concealment, defective assignment, misrepresentation of title or bad-faith processing will be treated as inequitable conduct, an abuse of process and an attempt at unjust enrichment. Equity will not permit a statute to be used as an instrument of fraud.
Consequences of Non-Compliance
Failure to comply may result in:
• A complaint to the Information Commissioner’s Office.
• A complaint to the Financial Conduct Authority.
• Proceedings for damages, rectification, erasure, injunction and disclosure orders.
I await your full and lawful compliance.
2
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a response to DCA for a credit card debt
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