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falcon185

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About falcon185

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  1. I do 12 hour nights but as far as I am aware training is a duty commitment which would mean when the training ends on the day so does your working day?
  2. Just after a bit of feedback please. I work nights 4 nights on 4 nights off, the company requires me to attend a 3 day First Aid course, I have no problem with this but these would be on my rest days which are sacred to me due to family ill health at the moment. I work 12 hour shifts on nights but the course is daytime as already stated, I would be attending the course on 3 days that I would be on nights, however, I would start my 4 nights the day previously, the assistant manager has suggested that I come off nights and work 4 12 hour days in order to do the course, I haven't worked days EVER here and have been here for almost 11 years. What I am prepared to do is be removed from nights but not work 4 day shifts which would mean starting at 07:30, leave for the course starting at 9am then returning daily after the course finishes working on till 19:30, would I be right in thinking that I wouldn't have to start the day shift or complete it as the training would be a duty commitment? Sorry its a bit long winded but any advice would be appreciated.
  3. Hi Diply, I got the same letter, " Contractual Obligations" So they think a contractual obligation means they can flout the law?? Correct me please if I'm wrong but I thought the LAW has the last say not a contract ;-) Just a thought, if thats the case could these contracts be deemed as unlawful???
  4. Hi Sparkie, I tried that with Experian, what a bunch of T***ers, heres the reply I got from them!! Thank you for your email, which we received on 10 August 2008. I have clarified our position in connection with your ongoing dispute. I am sorry if this has not resulted in these entries being removed from your report. As we can only amend or delete information at the request of the companies concerned I would suggest that if you wish to pursue this matter that you take this up with them. Alternatively, you may wish to take up this matter with our regulator, the Information Commissioner. The contact details you may require are as follows: The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK9 5AF Having queried the accuracy of the entries that you wished to dispute, we have fulfilled our legal obligations and complied with your rights under Section 159 of the Consumer Credit Act 1974 and the Data Protection Act 1998. In view of this we will not be answering any further correspondence from you in connection with this matter. Any other queries that you may have about your report will be dealt with in accordance with Section 159 of the Consumer Credit Act 1974. The fact that we can not remove data without the authorisation of the company who has supplied it to us is a contractual obligation and as such it is not misrepresentative to advise you of this. Section 159 of the Consumer Credit Act 1974 sets out our obligations when an item of data is disputed. As I advised previously the process we adopt is compliant with both the Consumer Credit Act 1974 and Data Protection Act 1998. The checks we undertake and actions we apply with respect to disputed information are considered reasonable by the Information Commissioner's Office. I hlgh lighted in red where they say its a "Contractual Obligation" so a contract with a DCA means they can disregard the law? or am I missing something here, more to the point I think THEY are missing the point dont you?
  5. Hi and thanks 2Grumpy, in the process of firing off a complaint to the Information Commissioners Office now so hopefully they will see whats going on and get them to stop processing and publishing incorrect data on my behalf and hopefully leading to the Default removal.
  6. I have the same problem as Mackembulldog, I had a reply from Experian saying that a default by Cap One is shown as satisfied but LOWELLS placed another one on my file for the same thing, ( obviously bought the debt ) but CCA'd LOWELLS no documentaton sent back but stated in a letter that although they cannot produce a signed copy of the CCA, deed of assigment etc the default is placed correctly. Experian say that The Cap One is a seperate account and wont remove Lowells even though I've informed them that no documentation exists to show I have an account with Lowells!!
  7. Hows this for a reply??? Dear Mr Falcon185 Thank you for your email, which we received on 01 August 2008. As previously discussed, we have complied with our legal obligations regarding this matter and confirmed that we take what the Information Commissioner considers 'reasonable steps' to ensure the accuracy of our data.( STEP not STEPS, got electronic reply for LOWELLS stating correct, no documentaton to confirm ) I understand that Lowell Portfolio I are unable to provide you with a copy of the original credit agreement. The letter you have provided from them states that they believe the default is still correctly recorded and should not be removed from your credit report. As you are aware, we cannot remove or amend data without the permission of the company concerned. ( They BELIEVE but cannot prove beyond all reasonable doubt it exists ) I am unable to arbitrate in a dispute between you and a company regarding whether they have complied with a specific piece of legislation. I would recommend that you either approach the company directly or lodge a formal complaint with a recognised regulatory body should you wish to take this matter further. ( Not asking for arbitration just the removal please ) We do not amend or delete information on a credit report when it is alleged that a company has not complied with a request for information to which the individual believes they are entitled. ( Even when they cannot substantiate the alleged debt with documentary evidence? ) We cannot act unilaterally to remove data from your report. ( No but you can act to remove incorrect Data or does your client pay you too much to do that? ) Any request for compensation should be put in writing and addressed to our Directors' Office at the address below. You should provide evidence that any financial loss incurred was as a direct result of an error made by Experian and provide proof of your exact costs and financial losses in this matter. Directors' Office, Regulatory and Consumer Affairs, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF What a load of Bull !! Fuming now!!!
  8. Hi all, I'm in the process of trying to get a default removed from my credit file placed on there by Luverly Lowells. Its an old Cap one alleged debt and Cap One already placed a default on my file which is showing as "settled", I've been in contact with Experian and got the usual drivel in response I have pointed out to them that only ONE default can be placed on my file for this alleged debt not two and want them to remove LOWELLS. This is a response I'm thinking of sending, any thoughts additions etc would be gratefully received. Dear Mrs Proctor, further to my previous e-mail in relation to this dispute, may I draw your attention to what your reply contained? You stated " In these circumstances, the company that acquires the debt is then permitted to record this information on the credit report of the individual concerned if the company with whom the original agreement was signed removes their entry from the credit report." Please take notice of your response as you will find Capital One HAVE a default registered on my file although it is showing " SATISFIED" You MUST remove LOWELLS default from my file, you are aware only one default may be registered in relation to an alleged debt not two! I look forward to your reply and documentary evidence provided to your Agency by LOWELLS in relation to them being in a lawful position to place a default on my credit file i.e. a copy of the Executed CCA and deed of assignment. Failure to supply such documentary evidence will leave me no alternative than to assume your blatant non-compliance to the Data protection Act 1998 etc. May I also remind you that your Agency is NOT above the law and that your Agency MUST conform to the law! Anyone have any views on this please????
  9. Standard response from them, what they are saying is "We dont have a copy of your CCA" but if we say we have asked for it from Cahoot that should keep you quiet. WRONG!! 12 days + 2 remind them they are in default, you will probably receive a letter stating that as far as they are concerned the matter is closed and you will not hear from them again. They WILL however, place ( more than likely already have ) place a default on your Credit file, a battle I'm in the process of fighting but thats another story. Keep your chin up, we are all behind you ;-)
  10. Good luck, keep us posted ;-)
  11. What is the meaning of 'without prejudice'? Where negotiations are said to be 'without prejudice', it means that nothing that is said or done is normally admissible in evidence in any subsequent trial should the negotiations fail. The object of the exercise is to encourage parties to make genuine attempts to settle disputes, without fear of their discussions - and in particular their potential concessions - being subsequently disclosed in court. There are two circumstances in which 'without prejudice' statements may be admissible in later court proceedings: where protection is waived with the express or implied consent of both parties, and where a settlement is reached following 'without prejudice' negotiations, but one of the parties subsequently fails to honour the terms of the settlement, and the matter therefore ends back in court. The negotiations would be admissible as evidence of the agreement. Hope this helps somewhat
  12. I would drop the " without prejudice" and replace it with " I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY" Should it go to court ( which is highly unlikely ) you can then produce a copy of this letter to the judge to show you requested the documentation for which they didnt supply. Using the phrase "Without prejudice" could mean you might not be able to produce this letter in court should there be any furter escalation and action by Clownells Which I doubt very much IMO, once they receive the CCA request they will probally drop it like the proverbial hot stone.
  13. Hi, DCA's never learn from their previous mistakes, they prey on people who dont know their rights where debt is concerned, they normally buy debts in bulk and hardly ever have the relevant paperwork required. I would do as Ida suggested, CCA them, also asking for a copy of the deed of assignment which gives them the authority to collect this alleged debt. Lowells never seem to produce these documents and you will probably receive another letter stating that they need to contact Cahoot to have these documents sent to them, inveriably the documents do not materialize. After 12 days + 2 they will be in default for not providing such requested documentation and the debt will then be unenforceable until such time as they can produce them, THEY WONT produce in my experience, when you send the CCA request dont forget to put at the top *I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY";-)
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