Email back saying that you believe this to be a frivolous claim and deny any knowledge of the account. Whilst you were prepared to assist them by looking at anything that they sent to you for example, in case some company was attempting to charge for services not provided. In this instance you are unable to provide them with any further information.

It could be that the payday loans were put on your father's credit history.

Either way, it's wrong. In your father's case, if he has suffered any loss (eg increased interest rate or lost purchase) then he could make a claim.

You should inform the ICO. Your father should demand that these loans be taken off his record.

Hi thanks for all the replies , following further reading iv read that failure to pay may result in me being put on the "dishonest persons database " it seems like a legitimate format and has quite a few subsequent effects for me being only 21 and graduating ironically with a law degree in the summer , final thoughts ? from someone with formal qualifications if possible just have to be sure as am not doubting the advice as it has been so useful so far .

I suspect that they will definitely add you to their naughty spreadsheet if you do pay. Let's face it - they don't say that they won't. I'm sure that they take payment as an admission of guilt!

Send the one liner denying any liability to them or their clients. nothing else.

months

8 missing payments and only £61 in debt? That doesn't sound right. Are those 8 missed payments all for the same amount? If so then they probably stopped providing the service some time before the default & I think that would be the date when the 6 year clock started ticking. Try sending a SAR to EE, or ring & ask for the last payment date.

If the person concerned did not have the mental capacity to understand, then clearly RLP should not be pursuing them. End of. Seems to me that they shot their shoddy argument in the foot.

41 calls in 3mts!!

That's one call every 3 seconds! They can't have let the phone ring for long or listen to much of the message

Write to Marlin and tell them that after completing their I&E sheet, you are not left with anything at the end of the month and that you will pay them £1 per month, but a little more on any occasion that you are able to. that shows that you are trying to be co-operative ...

You could claim long term damage to your career that might not be totally removed by a letter from Tesco to your employer - they cannot make your employer get amnesia!

It's much easier to collect against a current account debt than a personal loan, so I suspect that is why they decided to do that. Maybe the personal loan is unenforceable ...

If you are being stalked by this organisation over a non-existant debt then maybe a visit to the police station would be in order. They have recently taken action against a journalist who was writing several investigative articles about a woman & when he tried to give her a chance to put her point of view she complained that he was stalking her & 3 police went round to talk to him

What about asking your employer for the source of the unwarranted allegations since you are considering taking action against them for libel and DPA related issues?

Nah 2grumpy. As far as we know, Tesco have nothing to do with RLP when they chase someone. RLP simply use the name as if they are acting in some sort of official capacity, when in reality they have pretty much no contact with Tesco apart from giving them a very small percentage of any money paid to them.

Agreed - but something made RLP turn round pretty quickly in this instance. I don't think that RLP has stopped the chase in similar circumstances before. So maybe someone gave them a little help with a reality check?

write back to the solicitor saying that there is no debt, the account was paid in full many years ago

Would the DCA have a signature to compare with?

For a theft conviction to work, they would have to show intent. I must admit, I think this is the first time that I have seen "a mistake" being a reason for RLP to stop. Perhaps Tesco also look at this site & don't like to see evidence of innocent people being chased in their name?

Are Marlins chasing this for LTSB or have they sold it to Marlin?

Don't be complacent because of their reference to their client - if LTSB did sell to Marlin they would have sold to Marlin Europe x who would use Marlin Financial to chase

My phone battery won't keep going on a call that long!

What did you do with the booze? Did you leave it with those incredibly helpful Ryanair reps?

On reading Part 6 (service of documents) I might be wrong.

 

If it's posted on the Friday the court deem it served on Tuesday. But I have proof it was served on the Monday so I don't know if that matters.

I think that if it's deemed served on Tuesday then it's served on Tuesday whether it is delivered on Monday, Tuesday, Wednesday (or never) so long as it was sent 1st class or better ...

I'm in a similar position with LTSB, they have not responded to my CCA request and won't say why not!

Separate requests are required for the SAR & CCA. The SAR might not include the CCA.

Have you received any annual statements for this account?

Have you tried telling them that if they had not made a mess of the account then you would have paid money in and the default would not have been registered, but because of their blunders, you had to make alternative banking arrangements for that period to avoid their trousering all of your cash. It sounds as though they made it impossible for you to use your account.

I do wonder if selling an account when the balance is disputed or a CCA request is outstanding constitutes fraud, and if so, would the debt purchaser have to report it or could the [alleged] debtor

LLoyds are awful

They have been ignoring letters of mine for several years about my son's account that they have now sold.

They have also ignored the DPA in my case too - my son was under 18 when he opened the account and I presume that is the only signature that they have for sharing info

There is also a dispute about the correct account balance and failure to follow FSA regulations. I am planning to use the terms in the CPUT regs to apply the same charges to them that they applied on the account