Bazza66
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So 10 days later after a recorded delivery letter they have not responded. They are obviously just ignoring the "problem". So where do I go next? My initial letter was polite and just requested that they replace the part (well another company to do the work and invoice them - don't want them getting hold of my laptop during a "dispute") under the SOGA. So nothing major. Do I write as a formal complaint? If so where can I take the matter higher after that? Thanks in advance Barry
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Many thanks for the speedy reply. Having briefly scanned the SOGA it certainly looks like they do not have a leg to stand on. I will print that off later and try and digest some of it. I am right in thinking that keep everything in writing? Thanks again Barry PS Yes I am feeling a lot better - very kind of you to ask.
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Hi all, I really hope someone can help with this. Last year (approx Sept/Oct) the Blu-ray player on my laptop became faulty. Since it was under warranty Samsung got hold of a company to contact me and arrange collection and repair of my laptop. The came and it was returned a week or so later. Great I thought except the Blu-ray drive was replaced by an inferior drive (only a DVD writer). After several weeks/months with the repair company - Digicare - who kept replying to my emails that the manager will call me back. He never did. I escalated this to Samsung who said they would be in touch. Unfortunately I was ill at the start of this year and recently ended up having a major operation so you can imagine the laptop was the last thing on my mind. I have now contacted Samsung to have been very good and contacted Digicare on my behalf. Digicare are now saying that due to the length of time since the repair they will no longer correct the original problem. The Samsung person did explain to them that I have been ill, etc for best part of this year but Digicare will say it's been too long since repair. The Samsung person has left me with contact details at Digicare and says probably best you call them. Now my question is can they do this? I understand there has been a fair amount of time since the original repair but my circumstances have been not normal. Surely they must still honour the replacement of the original part? Any help would be gratefully received since I do not want to talk to them unless I have some legal speak to back up my arguments. My gut feeling is that there is no determined time that a resolution should be completed to be deemed as no longer a dispute. Thanks in advance Barry
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Many thanks GG. A very good thread. Regards Bazza
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Apologies for bumping an old thread but this is the nearest I could find to what I am trying to achieve. Have looked all over the place and cannot seem to find a definiative answer to this. I have recently just checked my credit file with Equifax and found 2 table 1 searches (ones that DO affect your credit scoring). 1 for Mackenzie last month and one for 1st Credit back in 2009. This was because I had just recieved a letter from MacKenzie about a debt they are pursuing on behalf of Intrum Justitia (who also wrote at the the same time but with different amounts of balance - are they the same company?). I have raised an online dispute with Equifax about these since the companies have no permission from myself to perform a search. Suppose my question is... where can I take this next? I am guessing Equifax will just say contact the DCA who in turn will try and fob my off. Whats my best course of action (has anyone actually got the searches removed?) next? From what I have read.... Next is to contact DCA (with what letter? - and is it a waste of time?) And then onto ICO? Is the letter to the DCA to say you are formally disputing the entry and so when you write to the ICO when you do not have a satisfactory answer from the DCA it gives you a better chance? Thanks in advance. Bazza
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Hi, I am looking this all up for a friend (honest!) who has been issued a ticket for causing an obstruction. This is the story so far. She was parked in an hospital car park (private company) which is normally crammed full of cars at visiting time so she had to park on a grass verge near the ticket machine as do many other cars at peak times. On her return she found she had a ticket on the car for "causing an obstruction". She ignored the ticket and never paid. She has the original payment receipt for parking - the one you show in your window. Now recently she has had letters from a Debt Collection Agency asking for the money and I have told her to ignore these for now. However she got advice from someone else who said write to you local MP to investigate which she has done. The MP has replied saying there is nothing he can do (who would have thought that from an MP?). However since that letter she has now had a letter from the original car parking company with photographic evidence of her parking. OK so it wasn't the best parking but people could easily walk around the car to get to the ticket machine. The private company have said that this would not allow people in wheel chairs to get round the car. Since the car park does not charge for disabled badges so they would have no need to use the machine. Thats the story so far - she has not written to anyone (except the MP) as yet. So any ideas where to take this next? I have scanned through the site and found plenty of "template letters"but nothing that covers the fact they have pictures of the car. I am guessing she could write to the original company with the "who was driving" template letter but she was the driver and don't really want to go down that route unless someone thinks differently. Many thanks in advance Bazza
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Hi - just found this thread since I got the same letter from MDB. Interesting. I have sent a CCA request to the freepost address (did this before finding this thread) so what are the chances of them receiving it? From what I have read its a false address. So what do I do next? Just wait until the "signed for" letter comes back to me which would prove the address doesnt exist? Or do I send one to "dlc" knowing its actually them in the first place? I did send a "prove it" letter to dlc months ago and heard nothing back until this MDB letter. Any help would be gratefully received.
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Sorry for delay - I thought this forum would email me to say there was an update to the thread but I never get them. Anyway thats something else. Thanks for the advice - have looked around and its does seem very expensive. I dont wish to progress and make a career out of it (I already have an established career in IT). I just wanted to get a grounding in Law as this could prove useful in life generally (and I love learning new things). I have looked around and will probably just go for a GCSE in Law so I can get the basics and will give me a general idea if I like it or not plus the cost of a GCSE course is about the £200-£300 mark. Or would it be better to head straight for 'A' level since these courses do not require previous Law knowledge either.
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carter got CCJ at old address - MBNA debt
Bazza66 replied to oneahead's topic in Financial Legal Issues
I also got that paragraph in a letter 1st sent to me. Full letter is -- Another letter from 1st Cretins today. --- Thank you for your lettr of 23 Feb 2009 of which contents are noted. (this was my 12+2 letter) I can confirm that we received your request for the original copy of agreement to which I enclose a further copy with terms and conditions, originaly sent to you on 4th March 2009. You are correct; we are required to provide a copy of the agreement requested under the Consumer Credit Act within 12 working dats. It is also correct that if the default of the credit agreement contniues for one month, that an offence may be comitted. (they are upto date then!) However, if an offence is committed, that does not affect the rights and duties between us. The Act provides defences to any offence which we believe would apply, in this case where we have to obtain documents and information to answer your request from the original creditor In your letter of 23 Feb 09 you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act. I am somewhat suprised that 'you do not acknowledge any debt to out company' when you have paid 70% of the balance, I bring to your attention that there is an outstanding balance of £237.31 which is now due. We further note that you have ommitted to sign your letter, please ensure all future correspondence is signed. --- Attached is a very poor copy of application form and some very clear T&C's (it must be noted on the T&C's that under charges it states "we will charge you £x for..." yes it says £x. So what to make of that then? Any advice?- 21 replies
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Hello, Might be posted in the wrong area but if I wanted to study law (part time) and in the area of debt collection what category would it come under? Or if anyone knows of a course that would be more helpful. I am guessing it comes under consumer law? Apologies if this is posted in the wrong area. Thanks in advance
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Many thanks for that! I will also try and drag it out as long as poss but I am not sure whether a payment has been sent to them or not in last 6 years (I was on a DMP about 4 years ago). Maybe I should SAR them which would tell me if any payments made. At the end of the day I had the overdraft - I was led to believe that HSBC had written it off... until Lowell-life started writing - if I still do owe the money then I wil gladly pay it BUT only to the people who actually own the debt. Anyway if the bank charges reclaim goes through then it would only amount to about 50 quid at the end anyway. Is it worth telling Lowell at this stage a reclaim is in process - they cannot do anything while the account is in dispute. Thanks again anyway.
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Hi All, Great forum - has helped me massively with CCA requests. But I have a problem with Lowell and an old overdraft. Last Aug Lowell-life started the "lets keep our postman busy" campaign with letter after letter requesting payment. I CCA'ed them and they replied with its a bank overdraft so not CCA applicable (fair enough). Now not wanting to shell out any money to anyone who asks for it I wrote to them with the "Prove it" letter. A month passes and they come back with 16 pages of internet page printouts of my last few statements. The statements only bear my name and no other means of identification that they are mine. They state that the final entry on the last statement of "Account Adjustment" was to prepare the account for them - that was dated 2003!!! I wrote back basically saying this is now a formal complaint because they have failed to prove they own the debt. They sent me some "fob off" letter which really told me nothing or proved any debt and if I was unhappy I could take it up with the FOS. I have not but I do have 6 months after initial complaint to do that which is still in the timescale. But I doubt the FOS would do anything from what I hear. All quiet until the start of this year and the letters have started again (both from Lowell and Hamptons - same company I know). I have an outstanding bank charges on the account with HSBC (which would nearly wipe the whole amount off) so the account is in default at present I am lead to believe. I have not told Lowell this since they have not proved anything to me and I dont want to give them any more information. The letters (standard ones) threating to look at my credit file and see if I own a house and will do this and that. Same old letters and they still come. The whole thing is really getting on my nerves - if they can prove they have been assigned the debt (I have had no correspondence to that affect) then I will let them know the balance is disputed and they cant do anything until that is statisfied. But they are failing to prove anything. What can I do? Any help would be greatly received!!! PS If I had hair I would be tearing it out! PPS Just looked at my credit file and Equifax says the account has been closed with a balance of £731 (Lowell-life sent me a statements which showed the final adjustment of £834 which the claim was to prepare the account for them). The figures dont balance. Also the credit file says this entry is by a Debt Collection agency and was put on July 08! Ummm....
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I had CCA request with Lowell-Life for an Egg account. They also offered me the 60% discount and then guess what - they finally replied with "Due to the age of the debt Egg can no longer retrieve CCA from archive". Which I read as Egg have said "Get Stuffed - we've sold you the debt and we cant be arsed to keep looking up records for you so RASP!!!!".
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