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vancouver

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  1. Well having seen off MHA, SCM, Robinson Way, Moorcroft and still arguing with Apex/NCO Europe, I started to get phone calls from AIC today!! Obviously I didn't answer but I can't believe how Lloyds continue to flaunt all the rules laid down, I've had no notification from them yet again, that they have appointed another DCA. So I've now got Apex/NCO and AIC on the case, unless they are one and the same? Equally NCO replied to my complaint that their client's have already sent a final response in the matter and they and their clients haven't breached any rules or guidelines, not quite accurate as I've had three final responses! Of course I've still had no further documentation as promised by Lloyds and according to the thread regarding the pre 1985 agreements, one of the posters commented "The 1985 cut off relates to CCAs under the Consumer Credit Act 1974. It has no bearing on the Data Protection Act 1998.A Subject access request under S7 of the DPA 98 relates to ALL data held by the data controller. There is no time limit. The only stipulation is that a data controller should only keep data about a person whilst it is still relevant to do so or there is a statutory limit, eg keeping documents for 5 years after the termination of the relationship because of Money Laundering Regulations." As the account was still active I guess they should have supplied me with the information requested and as promised in one of their 'final response' letters. Is it now worth escalating this to a formal complaint with the Ombudsman, as they just keep switching from one DCA to another and this process just starts all over again. Also from checking out AIC on the forum they seem to be the 'bully boys' of DCA's so this should be interesting.....
  2. Not their defence, mine, "would the defence be", not their defence! I have had a long conversation with them today as the SAR's only contains info regarding the CABOT !! when i asked why they told me that i have to contact each company in-turn, I love this bit, like we haven't been trying to get this from the outset and hence why we're here today! I tried for nearly a year to get my SAR and etc. from Citi but they were totally clueless, after saying they'd not received my request, an 'alleged' package arrived, which transpired to be a list of T&C's for a BMI Baby card, which I'd never had!! After this just a load of template letters that bore no relation to what I was asking. I can see why you weren't impressed by a 12% reduction on a debt that's been unlawfully passed to them, I would have thought they'd offer anything to get some money back. I was told they buy the debts for between 10-15% of the amount due, not sure if that's correct but probably pretty close.
  3. It seems they will just press ahead, regardless of the facts. It will be interesting to know how they would take it to Court, as Citi unlawfully sold the account to Opus. They were informed it was unlawfully acquired but then unlawfully sold it on to Cabot, so by the time it went to Court it will have been unlawfully sold on twice. Would the defence be they have no right to claim on an unlawfully acquired debt?
  4. Interesting development, had all the phone calls, template letters etc. so wrote again telling Cabot they had no rights etc. unlawful debt passed on etc. Now get a letter saying that their client Opus refutes my allegations and that they lawfully acquired the debts under my T&C's with Citi? Despite the fact I have Collect Direct who were appointed by both Citi and Opus and passed the file back as it was in dispute. Cabot are now saying I have 14 days before they start collection action against me and of course ignoring all the facts in the matter. I am responding, explaining further why they have no right to have acquired an unlawful debt and that they should take me to Court if they are so sure they have the legal right to do so. Do you think this is the correct approach, running out of ideas otherwise, I've already lodged a complaint with Ofcom and am intending to ring FOS tomorrow(if it's worth it?).
  5. Once again, many thanks for that, I've changed the letter accordingly.
  6. Ok thanks for your help, just putting together a nice, you have illegally acquired debt etc. and you should not be writing to me as you are further breaching my rights under the DPA etc. I will see what response I get and report back.
  7. Thanks for that, the last payment to the account would have been at the beginning of 2010 to Citi.
  8. Received two letters from Cabot this morning saying they have bought the accounts I had with Opus and then the usual waffle about what I need to do now. The thing is, both the accounts were originally with Citi cards, who I had requested SAR/CCA's etc from but received letters saying they'd not received the fees, which they had, then sending paperwork purporting to be a CCA which wasn't and just a basic mess of contradictory statements about the whole thing. This correspondence went on for months with Citi but despite constant requests I only received a few print out of statements and letters promising the agreement copy etc. No agreements or anything vaguely resembling what I should be entitled to were received and I therefore wrote and notified them the account was now in dispute. Citi then appointed Collect Direct to harass me, however they removed themselves on receipt of my paperwork and passed the account back to Citi. A few months passed and suddenly I get letters from Opus telling me they own my account and giving me a new account number and I need to pay them etc. I wrote back and explained they had no right to take over my account as it was in dispute. Heard nothing, then had a letter telling me the account was not in dispute when they took it over and they would not refer back to Citi, so they were informing me it was being handed to.....Collect Direct !. Sure enough Collect Direct contacted me and not only did I inform them of the previous encounter, I also wrote back to Opus and advised them that own DCA could back up my Account In Dispute status, as they themselves had been chasing my on behalf of Citi. Didn't hear from Opus but Collect Direct wrote again to confirm they were no longer acting on the account and had passed it back to their client. I threatened a letter of complaint to the ICO for breach of the DPA by giving out my details illegally but actually haven't yet done so. Then nothing until the two letters this morning, which incidentally, enclose a letter supposedly sent to me by Opus in late May, telling me they had assigned the accounts to Cabot, which of course I've never seen. Although I've obviously condensed the background to save going on for three pages! my question is, what do I do now? Do I just copy the paperwork and send it to Cabot telling them they are not allowed to buy the debt, or are they able to?, even though I can prove that the Account was in dispute with the original owner of the account. Not sure of the best angle of response and how 'legal' my dispute argument is.
  9. Thanks Disgruntled, it does look like they should still have supplied more than a print out of current T&C's though, under my SAR request, which obviously they have failed to do. Mind you I can't see it meaning anything to them as they just choose to ignore everything.
  10. Hi Disgruntled, Looks like there's lot of going around in circles with Lloyds and their DCA's, funny enough I had two different letters from the same person, telling me they wouldn't respond again. Both dated on different dates but both referring to the same letter that I'd sent. Out of interest does anyone know what the law is on pre 1985 agreements and what they should be supplying me with.
  11. Thanks Howler, I do have a separate thread relating directly to my account but as I'd been posting on this thread on the same subject I posted here. I've also now posted it on the other thread. Looks likes Lloyds are suddenly getting busy though!
  12. In January, after a six month break and hearing absolutely nothing, I suddenly hear from a DCA called Robinson Way, as well as a letter from Lloyds telling me they will supply the documentation requested but in the meantime I must pay up . I responded to both and got a further letter from Lloyds telling me, they won't respond anymore, whereas Robinson Way said they would take instructions from their client. I wrote back again arguing about the abuse of the Data Protection Act and the fact the a/c was obviously in dispute etc. Got another 'final response' letter but still received nothing from them by way of documentation on the account, their letter also refers to my loan a/c when in fact it's a CCA. Had two letters this morning, one from the DCA saying they have again referred back to their client following my last letter. The other from Lloyds, basically saying they are not going to talk to me any more and enclosing their last two letters, effectively saying the same thing. However in their letter from the beginning of January they obviously stated they would be sending through the requested documents, I've received nothing and they haven't responded to this specific point in the last two letters, nor have they confirmed why their most recent correspondence now says I have a loan account, when it's a CCA. The DCA, Robinson Way, (who I believe should not have been appointed as the account was in dispute) seem concerned enough by my protestations to keep responding and referring back to Lloyds. In the meantime I have still received nothing that relates to my account, other than the basic two page print out of T&C's from a different year and no signature, incorrect address etc. It's also dated about twenty years after I took the card out. Should I just stick to my guns and play call my bluff or do you think they might try and reach a settlement on the A/C or should I just continue to press for the documentation they have specifically said would be sent to me?
  13. Had two letters this morning, one from the DCA saying they have referred back to their client. The other from Lloyds, basically saying they are not going to talk to me any more and enclosing their last two letters, effectively saying the same thing. However in their letter from the beginning of January they stated they would be sending through the requested documents, obviously I've received nothing and they haven't responded to this specific point in the last two letters, nor have they confirmed why their most recent correspondence now says I have a loan account, when it's a CCA. The DCA is Robinson Way, who I believe should not have been appointed if the account was in dispute. No doubt I will now get a further letter from them with the threat of legal action. In the meantime I have still received nothing that relates to my account, other than the basic two page print out of T&C's from a different year and no signature, incorrect address etc. It's also dated about twenty years after I took the card out. Should I just stick to my guns and play call my bluff or do you think they might try and reach a settlement on the A/C?
  14. Fantastic, thanks very much, amending letter now!
  15. Quick question, does anyone know if Viking Collection Services are owned or operated by Santander, as with Mercers-Barclaycard, Metropolitan-HBC etc. Would just like to find out before sending them a response. Thanks
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