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Everything posted by vselym

  1. ccman i think a request under S10 of the DPA for "accurate" data processing would be the way to go, then if non compliance, they would have 21 days, a complaint to the ICO and FOS
  2. claire99991 same question, what credit can your bf get ?
  3. Hi Debbiedebstar without hijacking, what credit could your bf get ?
  4. Hi 1keynose i would take this seriously, and spend the weekend reading up on it. Whilst bankruptcy looks attractive, having been through it i would always advise against it, if possible ! Try reading here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html someone with in depth knowledge should be able to advise more specifically
  5. itauna Under the Data Protection Act 1998, your are afforded the right under Section 7, to a "data subject access request" The maximum fee they can charge for this is £10.00, id send Postal Order personally ! They have 40 days to comply, otherwise its off to the ICO You can ask for ALL data they hold on you, irrespective of time, so i would state that the Limitations Act should not be a consideration, and you would view curtailing of information provided to just 6 years as non compliance, and its off to the ICO again Template here that might just need tinkering with
  6. Morning stardust215, Firstly welcome to CAG, and secondly get ready for some reading ! Dont worry about rocking the boat, at the end of the day you are only exercising your rights in establishing what can be done about your debt ! The key will be organisation and understanding what it is you are doing/asking, with each letter you send, if youre not sure of the advice you are offered here, ask again until you understand it ! Some basic guidelines youll do well to follow are, dont communicate via the phone ever, never sign your name on a letter, never acknowledge a debt unti
  7. wl1888 need to see if what they have sent you is an enforceable agreement so a scan would be helpful original thread here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121928-can-anyone-help-i.html perhaps they could be merged by a mod to save confusion ?
  8. Hi reddarla They are entitled to persue the debt, not harass you, until they are in default of a CCA request, 14 days, see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/84273-oft-debt-collection-guidance.html If they default you are not obliged to continue paying for an unproven debt whilst they remain in default, see here http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html The issue of defaults is not cut and dry, see here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-
  9. Hi wl1888 Letter N certainly doesnt ask for a photocopy of an old application form ! However it may be an enforceable agreement, is there any way you could scan it in, minus personal details, and post it here ? When was the last time you admitted in writing, or paid money to this alledged debt ? It may be statute barred Don't contact them unless in writing with the "I do not acknlowledge any alledged debt" legend emblazened across the top of your letter let us know
  10. Photoman i couldnt have got my tongue any further in my cheek if id tried ! apologies if you thought i was on the side of the banks
  11. stevieb52 Have a look here http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html I think if ive understood this correctly you need to prioritise Firstly - Acknowledgement of Service (this is from post number 4) Secondly - Check that the original CCA request was signed for and that the payment was encashed (post number 4 again) Thirdly - Send the request for information under the CPR from post number 3 As far as i can see this is the key initial actions you need to take, the defence aspect comes la
  12. CatWoman Apologies for additional confusion, but i think youre doing fine anyway ! BB, is your middle name "diplomacy" (this learning curve is expenential)
  13. Morning CatWoman you may also want to fire this letter off aswell **Edit to suit** Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my writte
  14. CatWoman no need for a solicitor did you send your CCA request by recorded delivery and do you have proof of posting ? If you do, then the failure to provide a copy provides a total defence against enforcement ! firstly complain to the OFT secondly SAR LTSB stating that you require ALL data they hold, and that merely fobbing you off with the last six years will not suffice, and if they dont comply youll see them in court. You need this info as no dca will hold it, and this debt will just get passed around. The CCA request you have sent will not give you the info you ne
  15. Hi Sismile IF this account is regulated by the CCA 1974, andyou posted the CCA request on 18th March by recordable means, and have proof of delivery, then 1st Credit were in default by 31st March. As such they are no longer legally entitled, unless by order of a court, to enforce the debt, and whilst they remain in default of the cca request, you are within your rights to withold payment. If after another 30 days, in your case this friday 2nd May, they still have not complied they will have committed a summilary offence. With regards to their "6 months", they wish ! With re
  16. is it really 6-8 weeks til the 14th May ????? well i never
  17. Finally, make sure you dont sign them, pay by postal order, both actions to avoid possible photoshop experts getting some practice in, and send by a recordable royal mail method to prove service of documents should you need to well done
  18. chellby21 where the dca is concerned, dont EVER speak to them on the phone ! They may well turn up the threatomatic machine, but if youre at all worried, post up your query here and help wont be far away ! best of luck
  19. star scream a sar should then turn it up, if you believe one exists maybe someone else knows where to look ?
  20. agreed, but why not let the dca fail to comply with a SAR , then stick a complaint into the ICO, keeps them on the backfoot
  21. chellby21 you sound quite precise with the figures, is that because you have all the bank statements ???? if so that will speed the process up, otherwise follow 42man's sound advice
  22. robbler try here "letter N" for cca request http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html or you may want to take a look at this http://www.consumeractiongroup.co.uk/forum/letter-templates/131230-dca-response-demands-after.html i still think that a cca to MS would be worthwhile, my logic is that if they fail to comply, coupled with the letter from 2006, will strengthen your case with the OFT
  23. chellby21 was this for a current account with the bank ? and how was the balance being paid off ?
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