Capitol Collection/Citi financial, help please, arghhhh

[rinkydinkydoo]

Hi, on the 28th february 2007, i sent a cca request to capitol collections regarding a citinfinancial loan, on the 10th march i recieved this,

[rinkydinkydoo]

Join Date: Feb 2007
Posts: 33



Re: Capitol Collection/Citi financial, help please, arghhhh
I then posted a reply letter letter reminding them of their duty, as the previous letter was on citifinancial headed paper i sent them a reminder letter too as they are the same company, just a diffirent dept so i was lead to belive by capitol collections.
Today i recieved this,

[rinkydinkydoo]

Originally Posted by rinkydinkydoo

Join Date: Feb 2007
Posts: 33



Re: Capitol Collection/Citi financial, help please, arghhhh
I then posted a reply letter letter reminding them of their duty, as the previous letter was on citifinancial headed paper i sent them a reminder letter too as they are the same company, just a diffirent dept so i was lead to belive by capitol collections.
Today i recieved this,
SHOULD I SEND THEM WHAT THEYRE ASKING FOR, AS THEY ALREADY HAVE MY ADDRESS AND ACCOUNT NUMBER FROM THE LETTER I SENT THEM, WHICH THEY ALSO SENT ME A PHOTO COPY OF WITH THE LETTER, ITS VERY CONFUSING, ESPECIALLY AS THEY HAVE TOLD ME THEY DONT HAVE AN AGREEMENT, SHOULD I STOP PAYING AFTER THE 20TH APRIL, CAN THEY CHASE ME FOR THE IT WITHOUT A CCA

SHOULD I SEND THEM WHAT THEYRE ASKING FOR, AS THEY ALREADY HAVE MY ADDRESS AND ACCOUNT NUMBER FROM THE LETTER I SENT THEM, WHICH THEY ALSO SENT ME A PHOTO COPY OF WITH THE LETTER, ITS VERY CONFUSING, ESPECIALLY AS THEY HAVE TOLD ME THEY DONT HAVE AN AGREEMENT, SHOULD I STOP PAYING AFTER THE 20TH APRIL, CAN THEY CHASE ME FOR THE IT WITHOUT A CCA

[diskmandave]

RESULT!!!

Just re-read the letter in post #1!

They don't have a copy of the original agreement

That's it! You're winning!

No agreement = No debt

[diskmandave]

After the letter in post #1, it's not up to you to do their job for them!

They know your details, they sent you all them letters didn't they?!

When they were asking for money from you, they had all the right details then didn't they?

What's changed? Apart from the fact that you now know that they can't provide a copy of the original agreement!

Result! Best regards, Dave.

[PriorityOne]

Your CCA request was made under The Consumer Credit Act, 1974.... not The Data Protection Act, 1988.... as they have quoted to you. Not that it makes much difference. Until they can locate your CCA, they cannot pursue you for payment and even if they did find it after 12 working days, they would still have to go to court to re-enforce payment.

As has already been said... well done !!

[rinkydinkydoo]

I am so pleased with hearing, thankyou diskman dave and priority one, thats made my weekend, YIPPEEEEEEEEEEEEEEE Lets see them try and wriggle out of this.
Should i just ignore them now, and not send anymore letters to them,
regards, rinkydinkydoo

[grobbo24]

Yes, Ignore them now, don't bother replying to any more letters. Just make sure you keep any letters you receive from them just incase you need them at a later date.

It's a nice feeling when you get a result like this!!

[PriorityOne]

You also need to keep your rec. delivery receipt in a safe place...as this is your only proof that a request was received by them on the date specified.

I now have so much correspondence... that I cartwheeled down to Tesco and bought myself a compartmentalised, plastic wallet for each account that was being disputed, so that everything could be filed away forever !!!

[rinkydinkydoo]

Thanks Grobbo24 And Priority One

[magician]

Nationwide use a firm of debt collectors called Fredrickson International, they sent aseries of threatening letters before some of the charges were repiad due to a current court case the letterhead contains a number of registred trade marks which appesar to suggest that these debt collectors are part of or endorsed by them see what you think:

my name and address

Fredrickson International Limited
R/0 7/10 Chandos Street
London WIG9DQ Friday, xx March 20xx


Dear Sirs,

Your ref: # letter dated 30th Jan 2007
and your letter dated 8thFebruary 2007

Letter Before Action

Having formally requested all the data held by Nationwide under the Data Protection Act, and from the information recently provided under the Data Protection Act by Nationwide, your firm was not mentioned and has been clearly omitted from that information. I the data subject now require you under Section 14 of the Data Protection Act to furnish the name and address of your data controller and the name and address of the data controller at Nationwide who provided my personal data to your firm and the date and manner in which that data was provided and the name and address of the person who authorised and signed a series of letters from your firm. Such letters being contrary to The Malicious Communications Act 1988 Section 1 (ii) a threat and section 1 (b) …. causes distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

As a data subject I consider that I have suffered damage by reason by any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling me to compensation under section 13. I believe that there is a substantial risk of further contravention of those data in such circumstances.

Your letters being wholly disproportionate and has certainly caused me great stress and anxiety.

Please also supply a copy of each legal authorisation to use, reproduce in four colour print on your letterhead and inter-alia solicit as your own intellectual property, the copyright registered trade marks and to reproduce said copyright registered trade marks suggesting that your firm is by association an integral part of, sponsored by, approved or endorsed by the following organisations:

Visa Electron
Delta
Switch
Maestro
Solo
MasterCard
VISA
Post Office
PayPoint
Payzone

Please also clarify the legal position with those organisations and if they are an integral part and bound by [as suggested by your letterhead] of your CSA registration number 183.

Failure to respond or clarify your relationship with the above organisations would leave me and possibly other recipients little choice but to add each individual organisation named above as a co-defendant in any legal action I may take under Section 14 of the Data Protection Act and other statutes that counsel may suggest against your firm. Please supply this information within Seven Days.


Yours sincerely




xxxxxxxxx


Cc:

Visa Electron
Delta
Switch
Maestro
Solo
MasterCard
VISA
Post Office
PayPoint
Payzone


-----------------------------

So if they do not respond, its down to the small claims court with a writ for the debt collection agency and citing all the other names as co-defendants. You need to see their letter head to undedrstand how misleading it is.....an other reaction or am I going over the top...

[magician]

Nationwide use a firm of debt collectors called Fredrickson International, they sent aseries of threatening letters before some of the charges were repiad due to a current court case the letterhead contains a number of registred trade marks which appesar to suggest that these debt collectors are part of or endorsed by them see what you think:

my name and address

Fredrickson International Limited
R/0 7/10 Chandos Street
London WIG9DQ Friday, xx March 20xx


Dear Sirs,

Your ref: # letter dated 30th Jan 2007
and your letter dated 8thFebruary 2007

Letter Before Action

Having formally requested all the data held by Nationwide under the Data Protection Act, and from the information recently provided under the Data Protection Act by Nationwide, your firm was not mentioned and has been clearly omitted from that information. I the data subject now require you under Section 14 of the Data Protection Act to furnish the name and address of your data controller and the name and address of the data controller at Nationwide who provided my personal data to your firm and the date and manner in which that data was provided and the name and address of the person who authorised and signed a series of letters from your firm. Such letters being contrary to The Malicious Communications Act 1988 Section 1 (ii) a threat and section 1 (b) …. causes distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

As a data subject I consider that I have suffered damage by reason by any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling me to compensation under section 13. I believe that there is a substantial risk of further contravention of those data in such circumstances.

Your letters being wholly disproportionate and has certainly caused me great stress and anxiety.

Please also supply a copy of each legal authorisation to use, reproduce in four colour print on your letterhead and inter-alia solicit as your own intellectual property, the copyright registered trade marks and to reproduce said copyright registered trade marks suggesting that your firm is by association an integral part of, sponsored by, approved or endorsed by the following organisations:

Visa Electron
Delta
Switch
Maestro
Solo
MasterCard
VISA
Post Office
PayPoint
Payzone

Please also clarify the legal position with those organisations and if they are an integral part and bound by [as suggested by your letterhead] of your CSA registration number 183.

Failure to respond or clarify your relationship with the above organisations would leave me and possibly other recipients little choice but to add each individual organisation named above as a co-defendant in any legal action I may take under Section 14 of the Data Protection Act and other statutes that counsel may suggest against your firm. Please supply this information within Seven Days.


Yours sincerely




xxxxxxxxx


Cc:

Visa Electron
Delta
Switch
Maestro
Solo
MasterCard
VISA
Post Office
PayPoint
Payzone


-----------------------------

So if they do not respond, its down to the small claims court with a writ for the debt collection agency and citing all the other names as co-defendants. You need to see their letter head to undedrstand how misleading it is.....an other reaction or am I going over the top...

[rinkydinkydoo]

Hi, i,m sorry i dont quite understand what this has to do with my question, i,m not very good at this stuff, so could you please exp[lain it to me, cos ive read it a couple of times and its just not getting through, lol

[surprise]

Rinkydinkydoo - When you took out the loan with Citi did they provide you with a copy agreement. The only reason I ask is for 2 reasons. Firstly, they gave me a copy but it was unsigned by me and them and secondly the payment date was omitted. I have currently sent a Subject Access Request and a CCA to them as I am concerned re their charges which I know they are adding. I was verbally told payment date but as it is not in black and white what determines payments are late?

[surprise]

Just bumping this up as I would like an answer if poss.

thanks