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smactaff55

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About smactaff55

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  1. Hi all. Update of present position. 1) Ack of complaint rec'd from DCA. Usual 4 weeks to look into and reply 2) Ack from ICO. Being considered by a member of Customer Service Team for response and next steps. No timescale given. 3) Usual and expected reply from the GUTLESS, SPINELESS, UNHELPFUL OFT " We have noted the complaint and will consider this alongside any other complaints with a vew to etc. If we do decide to take action etc" IMHO they appear to be condoning this SERIOUS BREACH of DPA. How many complaints do they have to receive before any action will be taken? I am sending a letter of complaint to OFT as 1 complaint re breach of law is enough!! I also attach copy of part of the E Mail reply I received from Experian; " Many lenders use tracing systems to help them locate goneaways - people that appear to have moved address without telling their creditors. Sorry Experian/DCA. I didn't realise I had moved!! Debt collection agencies use Experian's Autotrace system in order to assist them in tracking their debtors. This uses Experian's large and varied database of information to suggest possible address matches, addresses that may or may not be connected to their customer. Experian A good clue is the DOB's are different Companies then make tentative enquiries to establish whether any of the addresses provided are correct for their customer. It looks like your son has received one of these letters. Yeah, but no reason whatsoever for DCA to give out Card Number and Debt outstanding. It is likely that Wescot have written to him at his address after using our Autotrace system to find you because they are chasing you for the outstanding debt that they have mentioned in the letter. As our Autotrace system has noticed that your son has previously resided at the same address. This is because, due to you sharing the same surname and a previous address, it is considered likely that your son was part of the same family unit as you and you could have also moved to the address where he lives now. BULLS---!! Having checked our records, I can confirm that there is no information in your name recorded at your son's address or any links recorded in your name between your address and his address. Furthermore, his ability to obtain credit will be in no way affected by receiving a the letter. Any lender that conducts a search in your son's name will not see any financial information relating to you. Fraud and bad debt cost the credit industry millions of pounds each year. This has the knock on effect of increasing interest rates for all of us. It is therefore in everyone's interests that lenders reduce such losses. The use of products like Autotrace is just one way lenders can achieve this. The information provided to a lender is simply a possible address for their debtor and no personal information is submitted to the company conducting the trace." What a load of Bulls---!! Again, another company siding with DCA's. I particularly take exception to Experian's Customer Service Consultant's comment highlighted in red above. How dare he make such a comment when he has no knowledge whatsoever of an individuals personal financial situation etc!! Rant over. Will keep thread updated. S55
  2. Rev & Rhos Thanks both for your quick replies and input Will proceed on both your suggestions S55
  3. Hi I've sent a recorded letter to Halifax re their unlawful recission of agreement over a week ago but still showing on Royal Mail as in delivery system. I want to fax Halifax a copy of this letter but cannot find a Fax number for their collections dept on their letterheads nor on Google. Phoning their o845 number won't let you proceed unless you key in your 16 digit card number and for obvious reasons I do not wish to speak to them. Have any of you fellow Caggers got a fax number for their retail collections? Cheers S55
  4. Thanks once again C As and when things develop I'll update this thread S-55
  5. Hi ODC- Thanks for input. Letter to MP winging it's way!! I did do a 192.com check yesterday and it's surprising how many people in the country have the same christian & surnames. It did cross my mind how many other "me's" have had a letter!! Well, all my letters have now gone and now await replies etc. Quick query. If I am successful in getting compensation can Westcot legally give this to Halifax? S-55
  6. Pinky, PGH & Cerberusalert. Many, many thanks for your valued opinions & observations. They are greatly appreciated and I cannot emphasise enough what a fabulous site this is for help, assistance etc. I find myself much more comfortable and able to cope with my current situation thanks to this site. I will now set the wheels in motion re complaints etc. Should I also copy in Trading Standards & Halifax's Data Controller as I believe Wescot are part of Halifax? SS
  7. Morning all Attached is a letter my son received from Westcot re my Halifax Credit Card. He lives in a different part of the country and has the same first name as myself. The account has been defaulted and terminated on an invalid DN but this is something else I'm dealing with. My concern on Wescot's breach is that as can be seen on their letter they state his address has been provided by Experian as a possible forwarding address for me!! Now, I subscribe monthly to Experian and regularly check my report on line. On my report with Experian there are no linked addresses for me whatsoever as I have lived in my present property for numerous years. My son has not lived here for a number of years. There have also been no recent searches on myself in last 3 months. I have spoken with Experian on the phone who have confirmed aforementioned ie no linked addresses nor any searches by Wescot/Halifax. I have E mailed a copy of Westcot's letter (to my son) to Experian on their request for them to investigate and also asked my son to obtain his Credit File from Experian to see if Westcot/Halifax have searched him. I am absolutely livid with Westcot as my son and daughter-in-law have now been made aware that I have an o/standing debt with Halifax which is with a DCA as Wescot's letter quotes my account number AND debt o/standing!! My son is now worried about my financial position and wants to know what's happening!! Also, he was sent into panic mode when he received Westcot's letter as he used to have a Halifax Card and thought it had been fraudulently used. I have been in correspondence with Westcot in Feb 2010 advising account in serious dispute so they are aware of my present address as blow me a letter from Westcot has now arrived at my address acknowledging the dispute letter and putting my account on hold as they go back to OC. This letter is dated after the one sent to my son. IMO Westcot are in serious breach and are using devious tactics. I want to take them all the way on this. Any observations/next steps gratefully welcomed. Edited Wescot DCA letter re Linked Address.doc
  8. Bump Am bunping as would really appreciate any help/observations for my next steps. Incidentally, Credite's letters are dated 2/3/2010 SS
  9. Hi all. Further developments and correspondence. My previous posts in this thread referred to MBNA registering Defaults with CRA's based on Notices of Default as opposed to DN's and I had not received any DN's. These show on my Credit Files as defaulting on 30/1/2010 and updated 31/1/2010. Both defaults registered 1 day early to the end of the month as stated in their letter re Notice of Default. I subsequently received 2 DN's dated 8-2-2010 and received on 12/2/2010 giving me to the 25/2/2010. Both envelopes I've kept and are marked UK mail so posted 2nd class. IMHO both DN's are invalid as has not given me 14 calender days to rectify ie 26/2/2010. I know it's only 1 day out but it is a document that should be 100% correct to be valid. I liken it to a Driving ban. If I were banned and decided to drive the day before my ban was over and was caught I would be done for being a disqualified driver. 1 day or 4 days it is still illegal. Despite the above 1 day difference, is what MBNA have done illegal as they've registered Defaults against me before issuing DN's!!?? I have also today received corr from Experto Credite advising they have now bought my alleged debts from MBNA. I have received no notification from MBNA that my alleged debts have been sold to this company nor any termination letters. However, as the alleged debts have been sold do I take it from this that MBNA have in fact terminated? I have still not received valid CCA's. Any opinions/observations etc would be greatly appreciated as to my next steps and that my assumptions as above are correct. MBNA DN 8-2-2010.RTF Experto Credite MBNA.doc
  10. Hi Just reposting this to see if anybody has any observations etc S55
  11. Hiya Boo Thanks for reply. DN & Termination notices attached Have you had time to look at my other posts in this thread re T & C's etc? Crap1 DN Page 1.doc Crap1 DN Page 2.doc Crap1 Termination Letter.doc
  12. Whoops forgot this observation. In section 11 of T & C's on page 2 they are referring to DAta Protection Acts of 1984 & 1998. The 1998 Act did not come into force until 1/3/2000 a good few months after my application.
  13. Part 2!! Quite a few observations and would appreciate any fellow Cggers' views/opinions. 1) In Crap1's letter they refer to an agreement date that is 19 days after I signed the application form in 1999 2) What they have sent is a shortened appl form as a CCA and scanned a copy of my sig from original agreement onto this. If, they have the original why haven't they sent a copy of this to me? Is it because of the Manchester case or they haven't got an enforceable agreement? The bottom of this scan does refer to T & C's overleaf but not to any PT'S 3) They have sent me questionable T & C's (4 A4 Pages) which I don't see could have been on the reverse of the shortened appl due to length etc. 4) Interestingly, the APR quoted on the short appl form is 9.9%, whereas in section 10 of sent T & C's quotes 10.27. 5) Section 11 of T & C's does not specify specific charges. However, if you look at bottom of page 4 of T & C attachements the charges are quoted. These must be the current charges as my last statement from Crap1 charged me £12 for missed payment & £12 for over limit. Naughty naughty Crap 1!! Is this fraud!!?? 6) Section 15 re default. If I die they will still chase ME. What,they're going to serve notices etc at my GRAVESTONE!!!! Any help and pointing me in the right direction will be greatly appreciated. Crap1 T & C's Page 1.RTF Crap1 T & C's Page 2.RTF Crap1 T & C's Page 3.RTF Crap 1 T & C's Page 4.RTF
  14. Hi all Have been chasing Crap1 for a number of months for CCA and have put account in dispute. They have also defaulted me on CRA's with an invalid DN and issued a Termination letter after the DN. There are a few pages so attaching these over 2 posts. Crap1 Reply CCA Page 1.RTF Crap1 Reply CCA Page 2.RTF Crap1 Reply CCA Page 3.RTF Crap1 CCA Reply to S78.doc
  15. Hi Roie Ex mortgage Broker here and ex employee of major High Street lender I have read your thread and position with interest and would make the following observations; 1) I would suggest as has Pedross that you seek advice from an Independent Mortgage Broker. They are able to source the Whole of Market and I would be confident that they will be able to find you a Mortgage Lender. If it's a sub prime lender, rates will be possibly higher and maximum loan reduced. Ensure the Broker does not charge for the initial visit. They will do a full factfind on you and then source their systems for a suitable lender given your circumstances and then come back with their recommendations and reasons why. You will not be obligated in any way and they should not do any credit score checks without your express authority. They are controlled by numerous regulatory bodies and have to treat customers fairly. 2) For your own peace of mind go into any of the High Street lenders websites and check the possible maximum amount you could borrow through their affordability calculator. Most lenders now base their maximum lending on affordability as opposed to income multiples and you will need to input your income, expenditure etc. This DOES NOT INVOLVE ANY CREDIT SCORE CHECK and usually no personal details but will give you an idea of what their possible maximum loan could be. 3) Who was your lender on the property in Birmingham? I would go to see them and get them to do a Mortgage Promise check which involves a Credit Score check. If it fails, they may be able to appeal with their underwriters providing you maintained regular monthly payments on the previous mortgage. If still no, you could fall back on the Broker if they come back with a sub prime lender. The sub prime lender will take into account a previous search from your existing lender if declined which is the reason you are looking to them. 4) I note you talk about converting a property to a Buy to Let. What are these details as you may find the existing lender will not agree to it or do not do BTL Mortgages in which case use the Broker again to remortgage. Things like this can again affect your maximum borrowing I hope above is helpful. Please feel free to come back to me for any clarification etc ABOVE SHOULD NOT BE CONSTRUED AS ADVICE AND OR RECOMMENDATION IT IS ONLY MY OPINION.
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