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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
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HBOS Credit card debt advice sought,please


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Good morning - would anyone know the rights and wrongs of this - a debt purchaser obtained my mobile number from some sort of investigatory company - would that be lawful?

 

 

Probably not but on the other hand if you try to query it somebody would probably say that in the distant past you had given your permission for your data to be shared as a result of signing into some nonnegotiable agreement. And so if it is unlawful – what do you think you can do about it? Not a lot. You can complain to the information Commissioner. What will they do about it? Not very much.

 

You're just a consumer and you're a nuisance.

 

Join the club

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More or less what I thought,but many thanks in any event-

All best

 

Also,was trying to get copies of correspondence sent by debt purchaser to Halifax, former owner of debt - they say they hold nothing and I must contact debt purchaser, but surely if they had received anything,and/or replied to it,they hold data,and must supply me copies (I sent the £10 by the way - cashed)

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Yes, if they hold data on you then they must disclose it. Of course maybe they don't hold anything – but I would consider that to be unlikely. I would threaten them with a complaint to the information Commissioner and then go ahead and do it. I think you can do online.

 

A complaint to the information Commissioner will come to nothing – but at least the Halifax will be obliged to respond to them. Who is it who cash the £10? Halifax or the debt purchaser?

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Yes, Halifax cashed the money, then said they do not hold letters and I would have to request info from DP (which seems to say there could be correspondence)

- I asked same of DP ,and there are references to correspondence sent, but not copies of the actual letters

- so I believe Halifax do hold something, and I think they're just being arsy.

 

But in any event,

thanx for your replies on this

- and I will certainly threaten to write to Information Commissioner;

 

I know they'll hardly be quaking in their boots but the suggestion might annoy them just a tiny bit 'hopefully'.

 

Thnx again,all best

 

Thnx Andy - only just noticed this

Edited by dx100uk
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Thnx for that steviod - hadn't heard of GDPR but have now!

 

It's just that debt purchaser said they had requested info from original creditor, then said they were requesting again later on, but I'm not sure if this is rubbish or not. OC says no correspondence received, but I'm not too sure.

 

Thnx again, help appreciated.

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  • 2 months later...

Hi steveod - don't know if you would have any thoughts on this

- wanting to read any correspondence between debt purchaser and original creditor,

 

I sent a GDPR to DP, who replied saying all contact was via secure electronic method, and I could see from notes they sent me such items as 'Request statements/agreements' etc,which was proof they had contacted them.

 

But these notes do not say what was actually said,and what the replies were.OC still saying 'contact DP',as account sold to them (I do know that!)

- surely,if GDPR is to have any meaning, I need a bit more than this?!

 

Any thoughts welcome - and thnx in advance.

Edited by dx100uk
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retitled and moved to Halifax forum.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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who's the fleecer that owns it now...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Send Halifax and SAR – make sure you ask them for everything they have and also specifically request who they have shared the data with and what they have shared. Follow our template – SAR.

 

At the expiry of the 30 day deadline and a complaint to the ICO and also given a formal complaint to Halifax and tell them that you are going to the ombudsman. Even if they sort it out, still go to the ombudsman

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Send Halifax and SAR – make sure you ask them for everything they have and also specifically request who they have shared the data with and what they have shared. Follow our template – SAR.

 

At the expiry of the 30 day deadline and a complaint to the ICO and also given a formal complaint to Halifax and tell them that you are going to the ombudsman. Even if they sort it out, still go to the ombudsman

 

Thank you BankFodder - will do exactly that -all best

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  • 5 months later...

In 2012, I paid a company to, supposedly, take a debt off my hands completely (forget about the legalities of that for now).

 

Shortly before going into liquidation in 2015, this company sent a couple of £1 payments to the original creditor (with whom they had been dealing for some 3 years) without my knowledge or authority

-not that I would have expected them to inform me as they 'owned' the debt

- but had they not done so, the debt would now be statute barred.

 

I need to know where I now stand

- if my debt is not statute barred because of these payments,

what would be stopping any old debt collector/purchaser simply sending off a few quid to OC to re-set the 6 year timetable?

Any help greatly appreciated.

Edited by dx100uk
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well they didn't own the debt as you've since realised

those companies were a get rich quick for a few individuals, most of which have since been prosecuted.

 

if you did not authorise the payments then its statute barred

 

 

who is chasing what name names..stop playing secret squirrel...the days of that on CAG ended long ago. tell us why you are asking the above.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thnx for reply dx and apologies for ingrained secret squirrel behaviour -

 

Digging thru old paperwork,

I see I paid £2840 to Highbridge Investments in October 2012 to take a Halifax credit card debt of £15k off my hands for ever and a day.

 

From Oct 2012 to March 2015,

Highbridge dealt with Halifax,

 

but at end 2014 and beginning 2015,

paid 3x £1 payments to Halifax,

then stopped.

 

In March 2015,

Highbridge wrote saying they were ceasing trading and handing back the account to me.

Not having any huge disagreements with Halifax,

 

I was surprised when they sold the debt to Cabot in July 2016

- I had paid nothing to them in the meantime.

 

Cabot and I have been exchanging letters ever since,

but I have not paid anything to them either.

 

At some point,

they wrote to me saying they were considering court action,

but then wrote again the very next day saying they were not considering court action at this time 'due to my personal circumstances'.

 

If you need any more detail,

pls let me know,

otherwise I would be more than grateful for how you see this saga.

Edited by dx100uk
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4 threads merged for the full story

 

Did you ever send a CCA request rather than pointless letter tennis

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No of course not

So what was the last letter from Cabot that's made you come here

Are they kicking your pram wheels??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

A letter a week ago asking me to contact them to arrange a repayment plan

- but if the Highbridge payments were made without my knowledge or authority, you are saying that could not affect the statute barred situation - obvs,

 

I need to know 100% before I send some letter to that effect

- but thnx for responses

Edited by dx100uk
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Very difficult to prove it was not with your authority...and you gave the authority by asking Highbridge to manage the debt.

We could do with some help from you.

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your best bet is to stop this endless letter tennis whenever you get a DCA letter.

 

until or unless you get a letter of claim and a pre action protocol pack from their pet solicitor ignore them!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thnx Andyorch and dx - it may be splitting hairs,

but I paid Highbridge to take the debt off my hands,

 

I didn't say and you can do whatever you like

- you two are not in agreement over this,

but I appreciate that's how it goes sometimes (or often)

 

- help appreciated,

as ever.

Edited by dx100uk
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you cant sell your debt on

like everyone, just type in highbridge here ...you got had.

 

shame you didn't ask our advice before doing it.

 

nowhere here did you read to use such people, one of the pitfalls of viewing freeman of the land twaddle sites.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you cant sell your debt on

like everyone, just type in highbridge here ...you got had.

 

shame you didn't ask our advice before doing it.

 

nowhere here did you read to use such people, one of the pitfalls of viewing freeman of the land twaddle sites.

 

dx

 

I know now I was had - but if you are sticking with your SB comment despite what Andyorch is saying,that would at least be some good news. But thanx for comments

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