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Boobaby

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Everything posted by Boobaby

  1. Great to hear from you sweetie. I absolutely hear what you are saying. I have been sitting on this for a couple of months, frightened that it would turn around and bite me on the bum - again! I am a bit wary about writing to GEC for obvious reasons, but also I don't want to rely on what my eyes have seen alone! I would just like to kick back and relax, reassured that all IS what it seems and there is nothing lurking below so to speak!! - silly me I know but not quite sure what else to do/think.. Boo x
  2. Haven't posted for a while but do check in with the site on a regular basis! Happy New Year to everyone - lets hope it's in our Financial Favour? Hi hun and anyone else who is interested in this thread and it's outcome etc... BCW returned this account to GEC. Who then passed it onto Imperial Solutions who then passed it back to GEC - after a couple of letters from myself explaining the situation etc... Personally I think they were both cheesed off with the way that GE Capital had operated this account. From what I can gather BCW kept requesting information from GEC including a copy of the original signed agreement which for 18 + months was not forthcoming. I know they were fed up with me and the contesting process so much so BCW finally gave up the ghost and sent this questionable account back to GE Capital. Imperial said they hadn't been given any of the facts and felt unable to continue with the account so they also sent it back! I have not had any correspondence from anyone at GEC confirming the return of this account or anything regarding another DCA chasing payment etc. I checked my credit file data etc... recently only to find a settled symbol amongst numerous defauts. No letter or correspondence confirming this but the relief experienced is beyond belief. Glad I stuck to my guns and carried on pursuing the issues. These people made my life an absolute misery a few years ago but thanks to the many many people using CAG who have given myself and thousands of others the confidence, the resources and the advice to stand up to some of these large organisations who can no longer hide behind the skirts of those using bully boy tactics this has now been resolved. THANK YOU BOO XXX:wink:
  3. Just to let you all know that my son and I went to Court with the so called big guys, present were: Three Magistrates; Court Personnel;DVLA personnel plus their legal representative; my son and myself (the cost of all of these people having to be present beggers believe) anyway the DVLA presented their case my son presented his argument (does his mum proud!) along the lines of - No monetary gain, they had all the car purchasers details, plus we managed to produce a photocopy of original V5 that was sent and signed way back. Their case crumbled the Magistrates apologised for wasting our time and made mincemeat of the DVLA and the case was dismissed. So in otherwords a very large RASPBERRY to the DVLA we beat you
  4. Your advice/information was most certainly helpful - thanks. Great feeling to put them in their place and lets hope, as you said, that more people take them on forcing a change in their procedures!! Boo x
  5. Well, plucked up the courage to tell my son who then proceeded to shout at me for, no, not keeping this from him but keeping this from him and shouldering the worry! Went to Court this afternoon and the boy did his mum proud! The Magistrates more or less implied that todays hearing was a joke. They could not understand why this issue had gone so far and kept on asking on what grounds the DVLA (so called) BIG BOYS had based this action and under what Statute? As my son so succinctly put it "There was no monetary gain for him by not sending the aforementioned V5 to the DVLA" and neither was he benefiting by not informing them that he had sold the vehicle! The magistrates made mincemeat of the DVLA representative who kept quoting sections 22 through to 24, of which only 22 applies to private sellers (23 & 24 are for Traders), they then asked why 23 & 24 were included when only 22 was applicable and that really did not provide the statute on which to base a case. They also could not understand why it was seen as the Respondents responsability to contact the DVLA 4 weeks after the vehicle was sold if no confirmation of this had been received. This was merely a suggestion and not a requirement. The DVLA responded with "well it's all in the handbook that is sent out with the V5" to which my son replied, very politely - "I have to admit I don't read half the booklets that are sent out with particular documents from cover to cover. I am a busy man as are most people these days and don't have the time to read the small print!" Sure I saw a few smirks from the bench! My son also went on to quote a section from the UPU and also the fact that the DVLA has over 6000 employees, working over 20 floors. He also quoted stats on the amount of mail lost/not received by both the DVLA and it's customers. The Chairman of the bench then went on to ask my son what this car, his first car was, to which my son replied a Rover Metro a 21st Birthday present from my mum and a fine model Sir! The Chairman responded with an agreement and informed the Court that he himself had owned one some years ago. That's when the case crumbled! My son was then apologised to and as they had had a discussion the Chairman went on to say - that they were in no doubt that he had returned the required Document and there was no case to answer to. The Solicitor (an observer) sitting by the side of us kept on saying "ask for costs" but to be honest there was nothing to be gained, as my son said he'd had his day in Court the DVLA were made to look like fools and he was (or I was!!) proven right. No finer feeling:D
  6. The car was registered to my son, was sold on the 6th of October 2006 and he is being taken to Court by the DVLA for Failure to notify disposal of a Vehicle.
  7. Hi Dani Thanks for the advice and no it's not due to non payment of a fine. Under no circumstances are we bowing down to the bully boy tactics when we know we are in the right. I cannot believe as I am sure others feel the same that it has actually got to this stage. We will indeed use the UPU Act (thanks for that) as part of our defence. Regards Boo x
  8. Hi everyone and Big Al my man - how you doing? We and I use the term loosely - my son actually is being taken to Court over the non receipt by the DVLA of the V5. He was aware that I was dealing with this on his behalf but I was trying to pluck up the courage to tell him just how unbelievably bad this has got. The situation is ludicrous!!! It's gone beyond magistrates and is now going to TRIAL!! The DVLA are sticking to their guns as are we. I have a copy of the original V5 that I sent the DVLA and all correspondence but no proof of posting. Even though they have registered the new owners details against the car they are adamant that they did not receive the V5 from us. I have taken legal advice as has my son and we are going to Court on Thursday. I have never in my life heard of anything as outrageous as this, how can they possibly justify spending the amount of money that this is costing in taking these steps including a Court Trial over the supposed non receipt of a piece of paper when they have the new owner details?? Boo x
  9. I am currently in dispute with the DVLA regarding a car that I sold for my son last year. I duly sent off the V5 telling them the car had been sold. Thought no more about it then in May of this year I had a letter saying that they had not received the document so I wrote back and told them it had been sent in October, thought I remembered taking a copy but couldn't find it. Anyway letters back and forth etc. and then fines are the next thing to appear which of course I appealed, they disputed and the case ends up in the Magistrates Court. I prepared a response and sent it off only to then get a Court Summons to say this is now proceeding to Trial!! All this because they did not receive a change of ownership - the whole world has gone mad!!! A Trial because I dared to question the validity of a fine for non receipt of a slip of paper. I know I sent it but I have no proof of delivery. Please can someone tell me where I stand and do we have to appear in Court etc.....?? I think I'm an intelligent woman but I'm losing my mind about this particular trivial matter and can't think straight I've just managed to find the copy of the V5 that I sent off so will use that as evidence. The worst thing about all of this??? I haven't told my son yet!!:o
  10. Nearly the same problem as this thread.......... I am currently in dispute with the DVLA regarding a car that I sold for my son last year. I duly sent off the V5 telling them the car had been sold. Thought no more about it then in May of this year I had a letter saying that they had not received the document so I wrote back and told them it had been sent in October, thought I remembered taking a copy but couldn't find it. Anyway letters back and forth etc. and then fines are the next thing to appear which of course I appealed, they disputed and the case ends up in the Magistrates Court. I prepared a response and sent it off only to then get a Court Summons to say this is now proceeding to Trial!! All this because they did not receive a change of ownership - the whole world has gone mad!!! A Trial because I dared to question the validity of a fine for non receipt of a slip of paper. I know I sent it but I have no proof of delivery. Please can someone tell me where I stand and do we have to appear in Court etc.....?? I think I'm an intelligent woman but I'm losing my mind about this particular trivial matter and can't think straight:eek: Boo
  11. I bet he or she is sitting there now trying to think up an equally vile and libelous response to the many fair and just posts placed in response to his/her thread. Just remember everyone else, this person can't possibly have a life when they choose to post a thread that is intended to rile, upset and defamate every single person that has ever had a (and I use the term loosely!!) bank charge. DK - you just sit in your ivory tower counting your pieces of silver and I hope also, as someone posted earlier that your halo well and truly chokes you! Well done CAG it's users and also the other sites in the same vein that have enabled us to 'stand up and be counted and not bullied' Boo
  12. You're not able to download the N1 form. You have to complete it, print it out (3 or 4 copies!!) and then cancel out of it. What I have done is prepare it all, copy all the relevent bits into/out of a word prepared document and then you have a copy of sorts on the PC. Hope this helps Boo
  13. This is the response I intend to send to GE Capital with a copy being sent to BCW: I have written to your Company and your agents Buchanan, Clark and Wells on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee. Cheque Number ****** which has been received and cashed. I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974. Non-compliance with my request as I informed you is a criminal offence under the above Act and has resulted in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. As there has still been no proof of this debt being incurred by myself I now require you to arrange for the default and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable). You have 14 days to remove this default should you not comply with this request I will have no hesitation in applying to the Courts forcing you to remove it. I must also remind you that should this issue end up in Court I will let the Court know you have further breached the act by pursuing myself whilst you are in default Yours faithfully Boo
  14. Thanks very much LFI The problem I know I have is that I come across a particular thread that advises one way and that's it I'm hell for leather down that particular trail. All I want at the end of the day is as you suggested the default removed. I then have a clean file and can move on etc... I will prepare the letter to GE Capital tonight and send a copy to BCW so that they are also aware of the current position etc... Thanks once more Boo x
  15. Hi LFI Thanks for that information. Very useful as I suspect like loads of other people we get so embroiled with all the legal jargon and the number of people to report to, at whatever stage we get to and whatever route we have taken that sometimes personally I just need someone to come along and say - Yes that's right this is what you do now and then follow it up with or No you need to do this! Again like many people I have been trying to get an original signed agreement and any paperwork from BCW and the Company they are acting on behalf of - GE Capital since last August. I have adhered to the process, I have reported them to the IOC (waste of time) I have reported them to TS and OFT and I still wait. I have also written to the CRA's asking them to remove the default etc.. See - Boobaby vs GE Capital & DCA - Help please !! 1. I have had letter after letter from BCW with two or three lines stating that they have asked GE Capital for the information. 2. When I told GE Capital that I would be taking them to Court they employed another DCA who sent me an extremely threatening letter requesting immediate payment of a completely made up loan amount!! 3. IOC said thanks for the letter they would now be closing the complaint. 4. OFT - No response 5. CRA's No responses yet. So for anyone else who is at this stage or who is having the same problem - what do we do now:?: Boo x
  16. I take it this is a joke post and not for real. After all the CRA's are is infallable as the rest of us! They update/modify or add information to a credit file which has been passed to them by so called honest reliable Creditors who of course never get things wrong! If this is not a joke post you are on this site because? Boo PS you forgot to include Credit Call in your hailing!
  17. What about trying this letter to the CRA's (in this case Equifax): Compliance & Administration Unit Equifax Plc Capital House 25 Chapel Street London NW1 5DS 25th May 2007 Dear Sir/Madam Regarding: Default Details, Company name etc.. Dear Sir/Madam I write to you with regard to information that has been supplied to you, and you have placed or allowed it to be placed on my credit file. You must be completely aware of the following, under the New Data Protection Act of 1998 Credit Reference Agencies, are now no longer considered data processors, they are now data controllers, who "receive" "alter" and "process data further" i.e. change the information from the initial data received. You must also be aware that data controllers sometimes must go further than taking what used to be "reasonable steps" to ensure the information they process is "accurate, true & correct". You have in relation to this information failed to proffer the due care & diligence. You had and do have a duty to me to ensure that the data is indeed correct and in line with the provisions of the Act. You must treat each and every individual case on its own merits. Rather than applying a blanket view when taking what used to be considered an acceptable stance i.e. "reasonable steps". The information you hold that has been supplied to you and further processed by Company who processed default and the information you refer to has not been verified. It cannot be verified as true and has been supplied to you under an agreement where criminal offences have been committed, the OFT are investigating this issue. You have not taken the steps to verify if the data is or ever was indeed correct, if you had done so you would have found out that the data was untrue & being incorrectly and unlawfully supplied. Under the libel laws it is not acceptable in any way to say that "you believed the data to be true" the publisher MUST have documentary or other evidence to defend a libel/defamation suit. The sooner that more people are aware of these facts, the more CRA's will take the steps to verify information instead of merely believing an institution, and ultimately perform the tasks they were supposed to. Unless you immediately remove all reference to this data you will be deemed an accessory to these criminal Acts. I must also make you aware that as the data is untrue, and cannot be proven to be otherwise, you are defaming me under the Libel Act. Unless you comply with my demands, I fully intend to take action in the County Court for Defamation & Libel. For the reasons stated previously in that you have allowed this incorrect, unproven data to be seen by third parties (by the viewing of my Credit file) i.e. published. Action you may or may not know can now be taken in the County Courts, by the common people for libel. This step has been made available to allow the general public to have access to the Libel Laws and is no longer a law for the rich and famous. One of the reasons for this particular fact is to enable the public to take action against CRAs if they can prove the data is untrue and unlawfully supplied and in my case I can. Under the Libel laws it is also no longer necessary to prove loss (financial or otherwise). I will be relying on the ruling of the Privy Council where it was ruled ‘Credit Reference Agencies are not immune to the laws of libel’. I suggest & demand that you comply immediately. No further requests or letters will be written to you regarding this issue, but you can be assured this letter will be produced in court in any action I take against you. Yours faithfully Boo
  18. Hi Spark how are things with you? I will have a chance to look at your thread etc in the next few days. Take care Boo x
  19. I have also received this letter this morning from a Company called IMPERIAL SOLUTIONS (UK) LTD - agents for Capital Bamk PLC / Forthright Finance (wonder what happened to BCW??) THIS IS A NOTICE OF INTENDED COURT ACTION, VALID EVEN IF NOT READ BY YOU TAKE NOTICE that documents may be prepared for the issue of proceedings for RECOVERY OF DEBT details of which are given below AMOUNT DUE ****** ACCOUNT ******** WHAT YOU ARE REQUIRED TO DO Pay the full amount due by 10.00am on 28th May Payment details etc..... If you fail to pay or seek help from us couty action may be issued without further warning to you. Court fees, legal xosts and interest may add to the sum you owe now. If any judgement remains unpaid the following steps may be taken: * Deductions from your salary * Seizure and sale of property * Your means examined at court I phoned this company and asked when they'd been contacted to act on behalf of GE Capital. They told me that it was two days prior to my receiving this letter (a week after I'd sent my Court Action pending letter)!! I then informed them that this account was in dispute, and GE Capital had been reported to the OFT & the ICO for non-compliance etc... the young girl on the other end of the phone, in an effort to get me off the phone as she knew nothing, told me that I would need to contact GE Capital direct. This could be construed as quite a frightening, threatening letter yet still remains the only correspondence to be received from GE Capital even if indirectly since this all started last August. Any advice, do I now contact GE Capital again or just push ahead with the Court Action? Boo x
  20. This is the letter I intend to send to the CRA's - Thanks Spark made a couple of amendments, hope you approve. CRA Dear Sir/Madam Regarding GE Capital/Capital Bank PLC Dear Sir/Madam I write to you with regard to information that has been supplied to you, and you have placed or allowed it to be placed on my credit file. You must be completely aware of the following, under the New Data Protection Act of 1998 Credit Reference Agencies, are now no longer considered data processors, they are now data controllers, who "receive" "alter" and "process data further" i.e. change the information from the initial data received. You must also be aware that data controllers sometimes must go further than taking what used to be "reasonable steps" to ensure the information they process is "accurate, true & correct". You have in relation to this information failed to proffer the due care & diligence. You had and do have a duty to me to ensure that the data is indeed correct and in line with the provisions of the Act. You must treat each and every individual case on its own merits. Rather than applying a blanket view when taking what used to be considered an acceptable stance i.e. "reasonable steps". The information you hold that has been supplied to you and further processed by GE Capital/Capital Bank/ Forthright Finance and the information you refer to has not been verified. It cannot be verified as true and has been supplied to you under an agreement where criminal offences have been committed, the OFT are investigating this issue. You have not taken the steps to verify if the data is or ever was indeed correct, if you had done so you would have found out that the data was untrue & being incorrectly and unlawfully supplied. Under the libel laws it is not acceptable in any way to say that "you believed the data to be true" the publisher MUST have documentary or other evidence to defend a libel/defamation suit. The sooner that more people are aware of these facts, the more CRA's will take the steps to verify information instead of merely believing an institution, and ultimately perform the tasks they were supposed to. Unless you immediately remove all reference to this data you will be deemed an accessory to these criminal Acts. I must also make you aware that as the data is untrue, and cannot be proven to be otherwise, you are defaming me under the Libel Act. Unless you comply with my demands, I fully intend to take action in the County Court for Defamation & Libel. For the reasons stated previously in that you have allowed this incorrect, unproven data to be seen by third parties (by the viewing of my Credit file) i.e. published. Action you may or may not know can now be taken in the County Courts, by the common people for libel. This step has been made available to allow the general public to have access to the Libel Laws and is no longer a law for the rich and famous. One of the reasons for this particular fact is to enable the public to take action against CRAs if they can prove the data is untrue and unlawfully supplied and in my case I can. Under the Libel laws it is also no longer necessary to prove loss (financial or otherwise). I will be relying on the ruling of the Privy Council where it was ruled ‘Credit Reference Agencies are not immune to the laws of libel’. I suggest & demand that you comply immediately. No further requests or letters will be written to you regarding this issue, but you can be assured this letter will be produced in court in any action I take against you.
  21. Hi Un1boy or Spark Could you send/post one of the letters that you have sent to the CRA so that I have the basis on which to add the information that Spark suggested. Thanks Boo
  22. First things first - thanks for the confirmation Gizzmo how are you doing honey? Right now then lets look at this logically. 1. As I said earlier there are some of these debts that will need to be paid but if you offer a nominal sum as long as they can see you are making an effort to clear them they will be happy with that. 2. The student debt as also advised will need to be paid back and will not form part of the bankruptcy debt (which again as stated earlier I do advice you to think seriously about) 3. As far as I am aware it makes no difference who the Official Receiver is dealing with your case the rules are the same - and I quote "By law you must inform your trustee (who will be appointed to work on your behalf by the Official Receiver) of any property which becomes yours during the bankruptcy. Such property includes lump sum cash payments that you may receive, e.g. redundancy payments, inheritence monies" This would also include large Lottery winnings, bank charge credits etc. The Official Receiver looks at your incomings and outgoings and your life style etc. and then considers what you need to reasonably live on. They would then take any additional monies you have to pay off your Creditors etc. 4. If you think there might be charges on your current/bank accounts etc and you do not have the statements to hand you will need to send Data Protection Act/S.A.R - (Subject Access Request) letter requesting the details etc (as stated earlier). I think that's enough to be going on with at the moment, see how you get on with that and if you need anything further then please post again. Boo x
  23. Hi honey Sorry to hear of your ongoing problems lets hope that this forum can, in conjunction with you, alleviate some of the stress. The reason I asked about the Bankruptcy choice is that it is the last option and does not come with out it's long term problems which I am sure you are aware. A couple of points - 1. As far as I am aware then the following you would have no redress over, in other words they will need to be paid: a. Water bill from previous tenancy b. Council Tax from previous tenancy (double check that you have had all the discounts you are allowed on this e.g. single person discount if applicable etc.) c. Student Loan account - speak to them regarding the repayments as due to the fact that you are now in receipt of benefits might make a difference. 2. Are you aware of any charges being incurred on your Barclaycard if so then can I suggest you first tackle that one with a DPA/SAR unless you have copy statements etc. see below for details etc. You will need to send £10 for this request however. 3. Before you do anything else including the above you need to read the FAQ's as a matter of urgency. You need to understand what you request from each of the above i.e. DPA/SAR or CCA etc... Boo x [/url]
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