Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am sorry if my speling or grammer is not perfect in advance,
I have CCa'd and DPA'd Welcome Finance and yesterday, I got a phone call of the the Branch, and he was trying to trick me into saying yes when I signed the contract blah blah like that, but I did not give him what he wanted. Just incase, if i did say yes he never asked me personal data to comfirm it was me on the phone can it be upheld ? also I told them in the cover letter not to contact me via phone so would it be accountable as proof as i requested that they not phone me?
I'm not absolutely clear what the man from Welcome Finance wanted on the phone, but it does sound like a breach of the Data Protection Act if he didn't ask any security questions. If they phone again I would remind them that you stated no phone contact in your covering letter and hang up.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Even if they warned you that they were recording the call and then produced it in court with you admitting to having signed an agreement, it wouldn't make any difference if they couldn't actually produce the agreement.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Ok they have responded with statement of the account with over 1000 pounds worth of charges on it
but they have not sent a copy of my agreement yet, now with me still paying can i claim a refund to all the charges applied on the account ? with a amount out standing ?
Are the statutory 12+2 days up yet? If not, I would hold off until they are as it gives you a much better bargaining position. As they should also have sent a copy of the agreement under your SAR request, it might even be worth waiting until their 40 days are up, as that gives you two potential complaints against them.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
hey up all ok the sent me a statement but never sent me the contracts till after the 20jan 2009. i also put at the bottom of one of the letters no phones calls and after this they still called and came to my house. i have a letter from them stating they had gotten my S.A.R @ the 20 jan 2009 but it does not state the CCA on it but they got both letters at the same time. also in this time they proccede to get Howard and cohen to prepare court documents, i reall need some help, any advice really can i sue them for harrsment and not complying with the cca ????