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Everything posted by xx.Morph.xx

  1. Thanks for the info re. Muck Hall & Leeds loosers unholy union, I look foreward to the ensuing battle. Not had any dealings with any of the DC Industry this year however last year after some long struggles I got 2 letters of no CCA & No further action, a reduction of other payments of £325 /month down to £55 / month & I overturned a CCJ in the County Court.(Ah happy days)
  2. I wonder if they have just inherited a job lot because yesterday I recieved exactly the same as you from them for a [email protected] One account & I was thinking exactly the same about where were all the previous letters. Only thing that I don't understand is that the "Persuers" are Lowell Portfolio 1 & they have never contacted me about this account (had dealings over 18 months ago over another account & closed of due to lack of CCA).
  3. I have a friend who is receiving the same letters from Iqor, I have delved into it a bit for them & the best I can ascertain the debt is for ebay sellers fees because if it were a chargeback from a transaction it would be from Paypal not ebay. Iqor's reference numbers do not match anything that ebay use, item numbers, account names, account ID, invoice number etc. Nothing matches whatsoever. There is no indication what the so called debt is for at all. Incidentally my fiend has NEVER sold a single item on bay so cannot have incurred seller fees, hence I believe these letters are nothing more than fishing trips for similar named people. For your info should Iqor come up with an ebay reference number an ebay account ID is in the format of :-A123456789111-abc an ebay invoice number is in the format of 123456-123456789111 (the 2nd number being the same acct ID number above) Morph
  4. After closer inspection the CCA they have sent as a "True Copy" has regulations on it that were not put into place til 31st October 2004 which is some time AFTER they claim the CCA was sent & the account opened. Have they complied with their obligations under s78 of the CCA 1974 even though what they have sent was not in existance when the account was opened? any advice appreciated Morph
  5. Just found out that the "Financial Sevices (Distance Marketing) Regulations 2004" came into force on the 31st October 2004 which is AFTER BOTH of the agreements were taken out. So how can my mum have signed 2 agreements that included regulations that didn't exist yet? I hope that's a good enough reson to put the accounts in legal dispute but would value other opinions. Morph
  6. Can anyone clarify something for me please. Have CCA'd 2 catalogues from N Brown/JD Williams & had had 1 response here :-http://www.consumeractiongroup.co.uk/forum/mail-order-catalogues/214555-n-group-jd-williams.html I have now had a response for 2nd account & received exactly the same format CCA with the same hand written details on it, this account was opened in 1998 & the CCA they are stating is a "True Copy" has a clause about "Financial Sevices (Distance Marketing) Regulations 2004" on the back. Their letter quotes "We are therefore enclosing a "True Copy" of the Credit Agreement sent out to you when the account was opened." Well unless they had 6year advanced info of what the regulations would be I don't think it is a True Copy of what a 1998 CCA would have looked like. Can I put the account in legal dispute as they have not sent me a "true Copy" of a CCA that applies to an account opened in 1998? Any help much appreciated Morph
  7. Hi Welshwizard, the CPR route can be found in pt2537's excellent thread here:- http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html It's a LONG read at 73 pages:eek: but well worth the read Personally after consultation with my mum, we're going to ride out the storm of toothless threats until they threaten court & then use CPR pre court protocol to stop them in their tracks as there is no signed agreement. If they sell it off to a DCA then it's just a new set of idiots to play threat tennis with:rolleyes: Morph
  8. Thanks Steven, great info, looks like CPR route to prove theres no signed agreement then:confused: Many thanks Morph
  9. Personally I'd put the account into legal dispute by sending template letter 20 here:-http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale Getting them to admit they have no CCA (not just miss filed) & to stop processing your data is about as likely as Gordon brown saying sorry. They will undoubtedly place defaults on your file even thogh they shouldn't, so it's up to you really you could stop paying til a CCA turns up or offer a full & final & see what they say. My opinion only & I'd wait for others Morph
  10. HI afw, yes the data signature thingy was 2006 IIRC previously they still needed to send an agreement for signing even with an online application, doesn't apply in my case coz the only time my 76 year old mum holds a computer is when I'm showing her something to do with her favourite tv shows on the laptop:D Morph
  11. Could someone cast an eye over a CCA response I've had that I've posted over in the mail order catalogue forum pretty please:confused: Link:-http://www.consumeractiongroup.co.uk/forum/mail-order-catalogues/214555-n-group-jd-williams.html many thanks Morph
  12. Hi, I've posted my thread in this forum (Mail order etc) & I've added my response to Philip Harland also, hopefully it may be of help to people. Morph
  13. I may as well post up my SAR questionairre letter now, It'll be in the post box in the morning anyway:- P.F. Harland Data Protection Officer Griffin House 40 Lever Street Manchester M60 6ES Account Numbers: 123456 & 654321 In the name of: Morph's Mum Dear Sir, In correspondence dated Xth August 2009 you have stipulated that you require proof of my identity and a questionnaire completed before you comply with my Subject Access Request, may I bring the following to your attention; “Data Protection Act Good Practice Notes: 2. Do you have enough information to be sure of the requester’s identity? Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.” Suffice to say that if the Information Commissioners Office is satisfied that if you have previously corresponded with me at this address then it is reasonable to assume that I am the person I say I am, therefore there is no legislation or guidelines that you can hide behind in an attempt to avoid fulfilling my legal request. A Subject Access Request covers ALL of the information you hold about A PERSON regardless of the number of accounts held, my request was sent to the parent company namely N Brown group where your website boasts:- “The home shopping business provides a well established tradition of offering an extensive range of value for money products and offers via a number of trading titles. We regularly contact our customers with specialist brochures aimed at meeting their needs. The division has over two million established active customers. The continuing developments in its database management systems enable the business to materially improve its ability to match customers with offers of the right products and services.” Therefore my initial request with the required £10 fee enclosed still stands and the 40 days started on the Xth August the date you acknowledged receipt. Furthermore 2 separate Consumer Credit Agreement requests have already been sent with the required fees enclosed, proof of receipt has been obtained and one response already received with the deadline for the other imminent. I find it very odd that you have seen fit to trust my identity with a Consumer Credit Agreement request and respond accordingly by processing and sending private data but doubt it with a Subject Access Request. It is my opinion your questionnaire is nothing more than a delaying tactic and I am sure the Office of Fair Trading and the Information Commissioner would agree especially as you appear to be not only the Data Protection Officer but also the Company Secretary, a Solicitor & a former Head Of Legal Services who should know what the law requires of you. If you still fail to comply with my legal request, I will have no other option than to complain to the Information Commissioners Office and if my complaint is upheld you will be liable to a £5000 fine. Yours, Morph's Mum Morph
  14. I have been asked by my mum to tackle the parasites that are bleeding her dry, namely JD Williams & Special Collection. I have CCA'd & SAR'd the parent company namely N Brown group & have received their standard SAR delaying tactic of a questionairre to prove identity & a request for £10 per account. I'll come back to the SAR & my reply letter to Mr Harland later but I have received a CCA response as follows:- True Copy CCA with name & address hand written in biro Back of True Copy CCA Now my mum is sure that she has never signed a credit agreement with them & has never seen a document like the above before. the bottom line with the account is this:- goods ordered approx £2.5K Payments sent approx £2.5K Interest charged approx £1.2K Charges approx £75 Outstanding Balance approx £1K The above is a very rough guide & is over some years but she has paid more than the value of the goods ordered, what I need help & advice with is how do I highlight the fact that there is NO agreement to pay interest & therefore she has paid for what she ordered so there is no outstanding balance. Will I have to go down the CPR rout to get them to admit they don't have a signed agreement? All help & advice greatly received Morph PS I'll post up a copy of my letter to Mr Harland once I've sent it;)
  15. I'm in the same boat as you,I sent off a SAR to the N Brown Group & received a questionairre & a request for another £10 fee & 2X£1 for CCA requests (2 accounts). I was composing my strongly worded letter this morning when postie pops up with a CCA response (I had posted seperate CCA requests at the same time as the SAR).So they will happily send me a "True Copy CCA" but NOT respond to a SAR! I'm about to start my own thread on this & will post up their CCA response (for what it is:-x) & a draft of my letter to Mr Harland re the SAR. Morph
  16. Sorry to burst your bubble but it's not a current law, I'm afraid it's an urban myth that it applies to motor vehicles. It was lawful once but It’s been repealed, the urination against the rear wheel of a taxi or public vehicle bus tram, basically anything that was once drawn by a horse, the driver could urinate against the brake wheel, (he could not nip off behind a bush, as there was a fair chance his horse would have on it’s toes, thereby endangering the public). Basically the law is that it is illegal to urinate in public. The only exceptions are for pregnant women and girls (not children?) under the age of 6. These people are permitted to urinate anywhere. In my misspent youth (16 yrs old) I was fined for peeing down a drain half way up a deserted allyway when I was spotted by the local plod, my summons simply stated :- Offence, Urinating inside Doncaster. Cost me £60 IIRC. Sorry for the bad news. Morph
  17. Hmmm we've had a Miss Swallows & now a Miss Peacock??? I wonder if there are some drongos & tits in the office
  18. It was the Leeds Losers, Lowells that provided the last straw for me & I'm glad to say that thanks to CAG they have had to close their books on 1 debt already & fingers crossed I'm well on my way with 2 more they won't win. Morph
  19. Same here annualcreditreport.co.uk was whiter than white, not even a hint of the 3 CCJ's & many defaults on my Experian credit file:eek: Very thorough, NOT Morph
  20. A HUGE thanks goes out to all of you who helped steer me in the right direction with your advice & support. Another one chalked up for "our team" & a Nil Point forthe DCA's:lol: Morph
  21. Well I won my Set Aside:D, Bryan Carter or RBS didn't attend but they sent notice that they wouldn't object to the set aside & would discontinue the claim if I didn't press for costs. District Judge not interested in the fact I wanted to reclaim money I'd paid out for the 2nd CCJ & asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue. He advised perhaps I should have requested the refund in with the set aside application & to do my homework if I wanted to claim any money back but to be wary of how much it could cost me if I failed. I'll take the win in the knowledge I may not have got my money back but the only person RBS can demand the outstanding balance from is Bryan Carter & not me;) Morph
  22. Today at my CCJ Set Aside hearing I was asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue. Can't have upset him too much as he granted my set aside:D Morph
  23. Rob & Spam, I'm just back from my set aside & I've had more pleasant experiences. District Judge didn't like litigant in person cases for a start (I heard him tell the clerk) & wouldn't engage me in any other issues other than the facts of the case. I tried to ask about withdrawing previous admittance & was told "It does not apply here" I was asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue. Sorry I couldn't get any further info for your cases but as you can imagine mine was my priority. Bottom line for me was CCJ set aside & claim discontinued if I didn't put in a request for costs (I didn't). So CCJ from 5th October 2007 set aside 28th July 2009 some 21ish months later. Morph
  24. Sorry can't help in depth but if you ask how can they get away with this, it's the tip of the iceberg with them. As far as I am aware they would have needed to have issued & won a CCJ first before trying to get a charge on the property. Bryan Carter is known to send claims to previous addresses to win CCJ's by default however if he's done that to gain a charging order to an addrees he clearly knows (from the B132) I'm sure that adds to the ammunition against him. I'd check with the court for yours & your son's addresses for a CCJ Morph
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