Letter sent

letter received by WFS 22 December 2014, 08:08am

Re Post #84 - I have just received a letter from DLC which states:

"Further to our previous correspondence regarding the above account, we do not appear to have received your confirmation that your complaint is resolved.

We would like to obtain your confirmation that we can close this complaint and would be grateful if you would confirm this by return”

Any advice on a response?

DLC have already agreed in writing to place the alleged account on hold for seventy days from 03.12.2014, pending a response from WFS to my SAR and my consideration of the same.

Re Post#101 - I have not received any further correspondence from WFS in relation to my SAR

and my provision of utility, Council Tax bills and photocopies of driving licences sent in order to confirm our identity.

Should I be concerned or do I presume all is in order and they will respond to my SAR in due course?

sar is 40 cal days.

if dlc's right hand does not know what the lift is doing

that's their problem

sar is 40 cal days.

 

 

if dlc's right hand does not know what the lift is doing

that's their problem

Yes, 40 days for response but I asked for and got the alleged account put on hold for a further 30 days (total 70 days) to consider the response to the SAR

and?

let it run

dx

and?

 

 

let it run

 

 

dx

Any comments on recent letter?

Can you list the documents you received in your SAR from WF?

If DLC get pushy then tell them you are still waiting for the rest of the documents from WF then wait! if the dispute has not been sorted or DLC send you a final resolution letter then just sit tight till they do.

If and when they do, post up their reply for further advice.

MM

you don't reply

the dispute is not resolved

read the sentence properly

dx

Can you list the documents you received in your SAR from WF?

 

 

If DLC get pushy then tell them you are still waiting for the rest of the documents from WF then wait! if the dispute has not been sorted or DLC send you a final resolution letter then just sit tight till they do.

 

 

If and when they do, post up their reply for further advice.

 

 

MM

Hi Mike,

In response to my SAR WFS wrote saying they were unable to comply as they were 'unable to verify my identity...' . I responded sending them a copy of a utility and Council Tax bill from each address (three addresses, including current) since I have been dealing with them in 2008, together with copies of driving licences. To date they have not responded - not even to acknowledge the identity material. They have received it as the letter was tracked.

Ok lets recap

The nature of your complaint is

1. You received a non-compliant DF
   
2. You received a non-compliant CCA
   
3. WF have refused your SAR due to WF being unable to verify your identity
   
4. DLC are getting pushy
   
5. You provided copies of documents as to your identity to WF
   
6. WF refuse to accept these documents for your SAR
   
7. There is a discrepancy between the DF and what DLC are claiming
   
8. This has been running for some time
   
9. If the CCA request has not been complied with then tuff on WF/DLC you could send the letter in the library
   
10. Did you keep copies of these original requests? this is a must
    
11. Did you use the template letter form the CAG library for either the CCA/SAR?
    

Your options are

1. Do nothing and get passed around and start again with a new DCA as it has done so far
   
2. Play letter tennis (is it worth it)
   
3. If 2 then you can will need to keep ALL letters in/out to provide for a defence at Court this will help you
   
4. Optional a letter to DLA explaining that you have had a non-compliant DF/CCA/SAR and account still in dispute. DLC's fault for buying a lemon debt
   
5. Wait to be taken to Court then provide all of the letters and defend, it would have gone to Court already if the debt was enforceable
   

When I send a SAR I add a signature strip see attachment never had any issues

Did you keep the letter from WF saying they can not confirm your identity?

Monty

For posting clarity can you provide a timeline for this please include what when where in one post

I think it will help you along list letters in/out all parties

Ok lets recap

 

 

The nature of your complaint is

 

1. You received a non-compliant DF
   
2. You received a non-compliant CCA
   
3. WF have refused your SAR due to WF being unable to verify your identity
   
4. DLC are getting pushy
   
5. You provided copies of documents as to your identity to WF
   
6. WF refuse to accept these documents for your SAR
   
7. There is a discrepancy between the DF and what DLC are claiming
   
8. This has been running for some time
   
9. If the CCA request has not been complied with then tuff on WF/DLC you could send the letter in the library
   
10. Did you keep copies of these original requests? this is a must
    
11. Did you use the template letter form the CAG library for either the CCA/SAR?
    

 

 

Your options are

 

1. Do nothing and get passed around and start again with a new DCA as it has done so far
   
2. Play letter tennis (is it worth it)
   
3. If 2 then you can will need to keep ALL letters in/out to provide for a defence at Court this will help you
   
4. Optional a letter to DLA explaining that you have had a non-compliant DF/CCA/SAR and account still in dispute. DLC's fault for buying a lemon debt
   
5. Wait to be taken to Court then provide all of the letters and defend, it would have gone to Court already if the debt was enforceable
   

 

 

When I send a SAR I add a signature strip see attachment never had any issues

 

 

Did you keep the letter from WF saying they can not confirm your identity?

All correct with the exception of:

No2 - CCA appears correct

No6 - WFS have not responded to my last letter providing documents as proof of identity.

I have a complete and comprehensive library of all letters between all parties, including WFS and numerous debit collections agencies. Requests for CCA and SAR are in accordance with CAG templates

Monty

 

 

For posting clarity can you provide a timeline for this please include what when where in one post

 

 

I think it will help you along list letters in/out all parties

Yes, I will post a complete chronology to date. I will redact and post within the next couple of days. Should I post as an attached document (PDF) as there is quite a lot of it?

PDF for you would be better then other replies will not get lost in translation lol good luck

you don't reply

 

 

the dispute is not resolved

 

 

read the sentence properly

 

 

dx

Thank you DX. Have read again and the dispute is still open.

so you don't need to write and close it then.

pop everything into a multipage word doc

then pdf that and attach it

dx

so you don't need to write and close it then.

pop everything into a multipage word doc

then pdf that and attach it

 

 

dx

Ok. Multipage PDF chronology will be attached in the next couple of days

Slight delay in posting the chronology. I should be able to post after the weekend

Re post #103 - Just received another letter from DLC:

..in response to your recent complaint…we note we have yet to receive your confirmation the complaint has been resolved.

We have now reached the end of the timescale permitted in which to resolve your complaint

and there has been no change in our findings, which remain as detailed within our letter dated

…your complaint will be recorded against our company as not upheld.

As previously advised, the above account was placed on hold for 40 days for the date the we received your complaint,

to allow time for the original lender to comply with your SAR, and a further 30 days for you to digest the information received

and to seek any legal advice deemed necessary.

The above account shall therefore remain on hold, with all collection activity suspended until 13th February 2015.

After this time, without details of further dispute, the account will be returned to our collection team for collection activity to continue.

This should be taken as our final response in this matter.

It is our statutory obligation to inform you that if you are dissatisfied with the outcome of your inquiry,

you may refer the FOS. You must do so within 6 months of the date of this letter…

WFS response to my SAR received. Just working my way through the material but my initial thoughts are it is quite revealing and exposes DLC.

Regarding Post #311 above - I am minded to write to DLC informing them that I have now received the response to my WFS SAR and require 30 days from today's date to consider the information received. Any thoughts?

Please find attached chronology (Thanks to Mike for previous comments on an earlier version sent PM).

There are many infringements of various OFT (now FCA), FOS, FCA, ICO regulations and codes of practice over an extended period of time.

Also, WFS continued to apply a total of nearly £1000.00 in penalty charges, despite two requests to hold the alleged account in abeyance.

However, the crux of the matter is on two occasions WFS have sold the alleged account on

while it has been in dispute (first time they did not even oblige us with an NoA);

most recently to DLC in March 2013.

Further, DLC have continued collection activity, regardless of on-going disputes and having confirmed in writing the account was 'on hold'.

They have apologised on one occasion

on the second occasion said that as they had allocated separate account numbers to both me and my wife (joint A/C)

they had a 'right' to continue to pursue my wife, even though MY A/C was placed on hold at the time (harassment?).

They have also engaged various agents, at the same time to pursue us.

It does not stop there.

You will see in this thread that at the beginning of December 2014 we wrote to DLC advising them that we were issuing a SAR to WFS.

We required DLC to cease collection activity pending a response from WFS, and any subsequent legal advice we would seek.

We confirmed that we would contact DLC only when we had received a response from WFS and had taken said advice.

DLC responded, confirming they would allow 40-days for WFS to respond to the SAR and a further 30-days for us to take legal advice.

Despite the above agreement (confirmed in writing),

DLC wrote on the 11.01.2015, requiring us to confirm our dispute was resolved.

On 20.01.2015 they wrote again with a 'final response' saying they would continue collection activity as of 13.02.2015.

Any help and advice will be very gratefully received.

My initial assessment of the WFS SAR return confirms what I always knew:

1. they were aware of my CCA request in May 2010. The subsequent response was very late (April 2012) and did not provide all the information requested

2. The did not respond to my original SAR in 2011, despite advising ICO (and subsequently DLC) that they had

3. They have added significant penalty charges (circa £1000.00)

4. WFS sold the account on (twice) despite knowing the account was in legitimate dispute

5. The DN is defective (no specific date)

6. WFS and their agents continued collection activity despite alleged account being in dispute

7. No annual statement since 2012

My analysis continues...

On top of this we have DLCs blatant disregard for FCA (and other) requirements which will now be the subject of a complaint to the FOS

If you have received their final response, you need to keep an eye on the time - you have 6 months from the date of their FR to make a complaint to the Ombudsman. IMHO, I would make the complaint now, it looks to me as though you will just be going round in circles with the DCAs.

In theory, once a complaint has been lodged with the FOS, the company should back off - so obtain an FOS reference number soon as you can so you can quote it on any further correspondence with DCA.

there is NO REQUIREMENT for NOA's or DN's to be sent by recorded delivery

and

SAR ALWAYS goes to the ORIGINAL CREDITOR

 

 

both of these are common rubbish

flouted by freedom of the land websites

along with all the mis-interpretation of the law of properties act

 

 

............

 

 

pers I'd be ignoring the dca's now until/unless they issue courtpapers.

 

you keep inviting letter tennis by sending silly letters

so they think you can be mugged

as you retort everytime.

 

 

as for the DN, the oc could simply issue a compliant one

but as they've sold it on?

theres no danger of that!

 

 

dx

I think its about time you followed post 16

all this waving of arms around about this is in dispute etc etc

really doesn't do anything for you in the long run.

how much is owing to DLC on this debt

dx