Jump to content

coffeebien

Registered Users

Change your profile picture
  • Posts

    19
  • Joined

  • Last visited

Reputation

1 Neutral
  1. I have a live wage attachment from MBNA but I am now unemployed for a month until I start my new job, so they will be getting no money at present Do they have to re apply to the court for a new employer attachment? MBNA settled my claim for charges out of court, but would them settling that having any legal bearing on the original attachment or new attachment? The other question is I sent MBNA a CCA request on 21/12/06 but they have still not replied, would this also affect the above and should I send a copy to Hillesden Securities as they are named on the attachment. Thanks............
  2. loods good, remember the CSA Member, in this case Lowell have to repsond to the CSA regarding complaints within 14days under the CSA guidelines. So keep on top of it and get back on to the CSA if you have not had a reply within 2 weeks. The CSA advised they aim to conclude all complaints within 4 WEEKS. Also read CSA compliants prodcure, now attached and push for them to proceed through the different stages as Lowell will try and delay it where possible, Mine to at Stage 2 as they have not reply to CSA regarding my complaint. Fingers Crossed
  3. I am also having problems with these idiots. Some help info read the Credit Service Association member code of practice. available to download in PDF format, good to refer to. Lowell - and the other million subsidiaries that pretend to hide at that office in LEEDS - break them all the time, point out which one they break and submit a complaint on CSA website, has to be printed and posted. EXAMPLE AT THE END www.csa-uk.com/index.htm Very worth while, I am in the process already and with another company with another company but will do same for Wescot. Also visit the Office of Fair Trading website - www.oft.gov.uk/Business/licence/default.htm They will have a consumer credit license to operate under and read debt collection guidance they also will be worth seeing which ones if not all of those guidelines they infringe and let Andy Lowther know full details on there website. Also sent the OFT a copy of your complaint to the CSA. LOWELL FINANCIAL LIMITED - CONSUMER CREDIT No 528607 Mr. Andy Lowther Office of Fair Trading 1C/015 FREEPOST London EC4B 4AH [email protected] Direct Line (020) 7211 8765 Fax (020) 7211 8877 Don’t let these idiots win and complain like hell! Good luck By the way started that many legal fights, I won 2 so far, yes I OWE this helpful site site some donations which will gladly follow shortly. Just preparing to cases that are certainly going to court not mentioning any name but check Lowell Financial Limited’s section. Will update info and donations shortly................. CSA MEMBER DETAILS FOR LOWELL FINANCIAL LIMITED Lowell Financial Ltd Enterprise House PO Box 172 Leeds LS11 9WS Telephone: 0845 300 9410 Facsimile: 0845 300 9411 E-Mail: [email protected] Website: Lowell Group Region: NW Services: CE Areas Covered: UK Type of Membership Full Contact Person: Mr A Bartle You can also for the cost of £1 get full company information, list of directors and their home addresses and other useful info for legal redress, all available online through Companies House http://wck2.companieshouse.gov.uk/ SECTION TAKE FROM CSA COMPLAINT FORM>>>>>>> In what way do you think the member has violated our Code of Practice? s1 d & (vii) – XXXXX have failed to comply with ALL my requests for information as well as s7 of The Data Protection Act, Subject Access Request. s3 (b) – XXXXX have continuously harassed and intimidated me into agreeing to a payment plan after threatening Court action for a alleged debt they have failed to prove is outstanding or they have the right to pursue. s3 (e) – XXXX have sent numerous correspondence to chase this alleged debt and at one point a received nine letters over a period of four days. s3 (j) – Letter dated XXXX from XXXXX Legal (trading style XXXXX) advising that County Court action will now commence and adding Court fees £XXX, Solicitors Cost £XXX and Interest of £XXX. s3 (j) – Letter dated XXXX from XXXXX Legal advising legal proceedings are now being prepared for Court and failure to pay within 3 days a CCJ could be registered against me. s3 (l) - XXXXX have failed to take ANY steps to show or verify that this alleged debt is legally due. s3 (q) – failed to take into consideration any of the information supplied or respond promptly and accurately with information requested. s3 ® – XXXX have failed to supply and of the information requested since XXXXX What did you ask the CSA Member to do to put it right? I have continuously denied this debt since XXXX and also asked XXXXXX to supply further information on numerous occasions without reply. CREDIT SERVICE ASSOCIATION CONTACT Credit Services Association Wingrove House Ponteland Road Newcastle upon Tyne NE5 3DP Telephone: 00 44 (0)191 286 5656 Fax: 00 44 (0)191 286 0900 Email:Complaints [email protected] Claire Aynsley Code & Complaince Executive CSA code of practice.pdf OFT Debt collection guidelines.pdf CSA Complaint Form.pdf CSA complaint procedure.pdf OFT Complaint form.doc
  4. Correct me if I am wrong but I understood the CCA request and timescales are only valid on Live consumer credit Act agreements and not one that accounts have been closed and passed for debt collection. That's how I understood it from some threads on here. Hope that helps
  5. I am also having problems with these idiots. Some help info read the Credit Service Association member code of practice. available to download in PDF format, good to refer to. Wescot break them all the time, point out which one they break and submit a complaint on CSA website, has to be printed and posted. Example below www.csa-uk.com/index.htm Very worth while, I am in the process already with another company but will do same for Wescot. Also visit the Office of Fair Trading website - www.oft.gov.uk/Business/licence/default.htm They will have a consumer credit license to operate under and read debt collection guidance they also will be worth seeing which ones if not all of those guidelines they infringe and let Andy Lowther know full details on there website. Also sent the OFT a copy of your complaint to the CSA. Mr. Andy Lowther Office of Fair Trading 1C/015 FREEPOST London EC4B 4AH [email protected] Direct Line (020) 7211 8765 Fax (020) 7211 8877 Don’t let these idiots win and complain like hell! Good luck By the way started that many legal fights, I won 2 so far, yes I OWE this helpful site site some donations which will gladly follow shortly. Just preparing to cases that are certainly going to court not mentioning any name but check Lowell Financial Limited’s section. Will update info and donations shortly................. Total number of records: 273 Matching records: 4 Wescot Credit Services Ltd PO Box 137 Dunedin House 45 Percy Street Hull HU2 8HF Telephone: 01482 590 590 Facsimile: 01482 590 591 E-Mail: [email protected] Website: Region: NE Services: ACFGLT Areas Covered: UK Type of Membership Full Contact Person: Mr N Conway Wescot Credit Services Ltd Midland House 64 Oswald Street Glasgow G1 4PL Telephone: 0141 300 5300 Facsimile: 0141 300 5301 E-Mail: [email protected] Website: Region: SC Services: ACFGLT Areas Covered: Type of Membership Branch-Location Contact Person: Mr N Conway Wescot Credit Services Ltd Kyleshill House 1 Glencairn Street Saltcoats KA21 5JT Telephone: 0141 300 5300 Facsimile: 0141 300 5301 E-Mail: [email protected] Website: Region: Services: ABCKLOQTU Areas Covered: UK Type of Membership Branch-Location Contact Person: Mr N Conway Wescot Credit Services Ltd Jarratt House The Maltings Jarratt Street Hull HU1 3HA Telephone: 01482 590 590 Facsimile: 01482 590 501 E-Mail: [email protected] Website: Region: Services: ABCKLOQTU Areas Covered: UK Type of Membership Branch-Location Contact Person: Mr N Conway SECTION TAKE FROM CSA COMPLAINT FORM>>>>>>> In what way do you think the member has violated our Code of Practice? s1 d & (vii) – XXXXX have failed to comply with ALL my requests for information as well as s7 of The Data Protection Act, Subject Access Request. s3 (b) – XXXXX have continuously harassed and intimidated me into agreeing to a payment plan after threatening Court action for a alleged debt they have failed to prove is outstanding or they have the right to pursue. s3 (e) – XXXX have sent numerous correspondence to chase this alleged debt and at one point a received nine letters over a period of four days. s3 (j) – Letter dated XXXX from XXXXX Legal (trading style XXXXX) advising that County Court action will now commence and adding Court fees £XXX, Solicitors Cost £XXX and Interest of £XXX. s3 (j) – Letter dated XXXX from XXXXX Legal advising legal proceedings are now being prepared for Court and failure to pay within 3 days a CCJ could be registered against me. s3 (l) - XXXXX have failed to take ANY steps to show or verify that this alleged debt is legally due. s3 (q) – failed to take into consideration any of the information supplied or respond promptly and accurately with information requested. s3 ® – XXXX have failed to supply and of the information requested since XXXXX What did you ask the CSA Member to do to put it right? I have continuously denied this debt since XXXXX and also asked XXXXXX to supply further information on numerous occasions without reply. CREDIT SERVICE ASSOCIATION CONTACT Credit Services Association Wingrove House Ponteland Road Newcastle upon Tyne NE5 3DP Telephone: 00 44 (0)191 286 5656 Fax: 00 44 (0)191 286 0900 Email:Complaints [email protected] Claire Aynsley Code & Complaince Executive CSA code of practice.pdf OFT Debt collection guidelines.pdf OFT Complaint form.doc CSA Complaint Form.pdf CSA complaint procedure.pdf
  6. Re the above. Sheriff advised my 3 claims for non compliance was not proper and to consult legal advice. He would not grant the summons. Used an N1 instead and filed at Penrith County Court (using an English Address) advised today all three claims accepted and summons being issued today for Barclaycard. Lowell Financial & Lloyds TSB. Fingers Crossed............. I tried to Scottish system found it costs more and is very frustrating and would not accept it yet I changed nothing on the statement of claim, filed in England and it was plane sailing.................
  7. In short to this - The Sheriff sent these back to me stating "not Proper" and to consult legal help. Completed on N1 instead and filed at Penrith County Court (using an English address) and was accepted ans Summons being served tom 20/12/06. I found this Very frustrating trying to do this in Scotland
  8. As requested but this DID NOT WORK with Glasgow Sheriff Court the Sheriff sent the claim back to me stating "not Proper" and just to seek legal help! Their admin staff did advise they have never seen a such a request and cannot recall one being presented before their court, was mine the first then...... Either way found it very frustrating and used the N1 and filed at Penrith County Court (used parents address for docs & payment as I live in Scotland) using the same statement of claim. Advised by telephone today this WAS accepted and will Summons with be served on Barclaycard, Lowell Financial and Lloyds TSB 20/12/06 for failure to comply with S.A.R and £50.00 damages total £80.00 Fingers crossed............................. Copy of Statement of Claim (used same on N1 England sucessful! and on Summary Cause Summons - Form1 Scotland - unsucessful) 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject. 2. The Claimant has an account XXXXXX ("the Account") with the Defendant which was purchased from Goldfish around July 2004 3. On 1/11/06 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant. 4. The Defendant has failed to comply. 5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage. 6. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £50.00 7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request 8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request. 9. Damages and costs within the discretion of the Court.
  9. Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland. For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment. This is called a Summary Cause Summons (form 1b) I used the DPA none compliance template from the library (great help!!) Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00. Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England. Summary Cause Summons issued Barclaycard £89.00 14/12/06 Glasgow Sheriff Court Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court Also online complaint filed with Information Commissioners Office Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case Apologies if you already know this works could be of benefit to other users. Coffeebien
  10. Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland. For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment. This is called a Summary Cause Summons (form 1b) I used the DPA none compliance template from the library (great help!!) Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00. Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England. Summary Cause Summons issued Barclaycard £89.00 14/12/06 Glasgow Sheriff Court Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court Also online complaint filed with Information Commissioners Office Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case Apologies if you already know this works could be of benefit to other users. Regards, Coffeebien
  11. Capital one acknowledge claim 7/12/06 now counting down the days.........
  12. I think it sorted now Goldfish confirmed again in writing that Lloyds TSB took over Goldfish on 17/2/06. No reply from Lloyds SAR so sought an Order to comply and damages 14/12/06 @ Glasgow Sheriff Court claiming £50.00 Damages and £39.00 costs. As in Scotland will have to instruct a Sheriff Officer to deliver the summons one a receive it back from Court 15/12/06. This cost is also added to the Summary Cause Summons applied for today. Wa advised that the sheriff will have to double check this has this has not been requested before the court before. Also filed same as above for Lowell Financial Ltd & Barclaycard. ..... Interesting Fingers crossed
  13. Thanks but my original account/agreement was with Goldfish and Lloyds took over from them after my account was closed. I have never has any dealings with Lloyds Cheers
  14. Hi thanks for that still not sure though who is legally liable Goldfish or Lloyds. Goldfish politely told me to sod off and contact Lloyds. Will still contact the information commisioners office though if they fail to comply with S.A.R after the 40 day see what they say.
  15. Can anyone help I have completed a S.A.R - (Subject Access Request) to Goldfish and received a letter basically stating in Feb the Goldfish business passed from Lloyds TSB bank to Morgan Stanley. My acc was closed prior to this and it was not inlcuded in the Morgan Stanley portfolio and as such assume no responsibilty Under the Data Protection Act or otherwise and to contact Lloyds TSB - (address here if other ppl need it) If Lloyds do comply who is legally respsonsibile for refunding charges ? LLoyds ? I did see another thread about something simular but cannot find it. thanks Mr DAvid Bruce Credit Risk & Customer Lending Lloyds TSB Bank Plc 3rd Floor Victory House Trafalgar Square Brighton BN1 4FY
×
×
  • Create New...