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Everything posted by rosierose

  1. The 2006 Act doesn't mention s174 at all sorry, UB. The repeal was made in the EA 2002 and it applies from the date of enactment. I certainly wish it was otherwise as s174 had some real bite to it, unlike the DPA.
  2. Hi UB. Looks good to me, though I believe S174 was repealed by the Enterprise Act. I'm not really familiar enough with it (EA) to give you proper advice re how to word you claim, sorry. I do recall it saying something about any previously published information being OK, but then it seemed to hand the baton to the Data Protection Act. Its certainly worth some study.
  3. They really aren't too competent down at HBOS these days.... We're off to the Himalaya for the summer and decided to get a credit card as a bit of a safety net. I applied by telephone last week and popped in to sign the agreement at my local Halifax branch earlier this week. The agreement I signed (bear in mind that this is the actual agreement rather than a copy) was so poorly printed that there was little information discernible save my signature. The "copy" I was given was a blank sheet without either sig. Now, I am not too familiar with the current legislation and have no intention of using this information to my advantage, but I can't say I would blame anyone should they decide to do so.
  4. Hi Tigs Sainsburys Bank is a 50/50 undertaking between HBOS and Sainsbury's plc. They use the same call centres here and possibly overseas. The "collections" call centre (which may or may not be the same as one that deals with their other business) deals with BOS, Halifax, Sainsbury's Bank and AA finance. I am still trying to track down where the o'seas calls we recieved over xmas orginated from. I am just amazed that this, the same call centre which recently made the news with that harassment case, continues unabated with its out-and-out flouting of the law. One word... Maplins Kind Regards Rosie
  5. subscribing Good luck with the SAR Bubble... they have totally ignored mine so far
  6. Hello Tristesse Link are a quite an outfit, aren't they? I'm glad they are finally begining to acknowledge that they have duties under the CCA. I eventually got an agreement after months that was, legally speaking, a joke. And haven't heard a word since. I'm not sure whether the agreement they will come up with will actually be kosher. Many aren't. Have a look in the MBNA forum to see if others of the same age have been (if you haven't already). Kind Regards Rosie
  7. I recieved a letter from another creditor just yesterday all but admitting that they destroy all agreements after they have been scanned: "Applications are scanned on reciept, therefore the copy provided is the standard copy we able to provide." This after being told under threat of enforcement by TS to provide a legible agreement. The agreement attached is 95% illegible (and even if it weren't so it would be irredemmably unenforceable by virtue missing terms and s127). Certainly, if I were the the bright spark who came up with this IT policy gem I would be looking at career move about now.
  8. Have a look in the stickies at the beginning of the Halifax forum. There is a mass complaint being organised by BankFodder. This call centre is used by HBOS/Sainsbury's Bank etc – the same call centre that’s been in the news this week for harassment. They are aggressive and care little for the law, breaching statute regularly; both the AJA as mentioned previously the Protection from Harassment Act and the Communications Act not to mention contravening the OFT debt collection guidance. It really is important that these people are reported. Give your details on the Halifax thread and contact your trading standards office. And please PM me so that we can let our respective TS offices know that this organisation's actions are the result of policy decisions taken rather than one-off incidents (my TS office is currently preparing a prosecution). Kind Regards Rosie
  9. As someone who has been on the recieving end of this treatment (and by the same call centre) I am very pleased at this result. I will be forwarding the link to TS - who are currently preparing a prosectution. HBOS!
  10. The answer is in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 S.I. 1983/1561, which I've just ordered from TSO. I'll post when I get a chance to read it. Kind Regards Rosie
  11. Hello c01in Their reponse is not sufficient to discharge their statutory duty. The agreement must be legible and, as you say, must be accompanied by all the trimmings. In your situation I have written to the creditor listing their shortfalls, the consequences of leaving the request unfulfilled and explaining that due to the illegibility of the alleged agreement CCA 1974 s127 would seem to be applicable. I would also be tempted to report their practices to TS and the OFT. Kind Regards Rosie
  12. Hi.... I could be wrong, but I have always believed set off to be an entirely contractual matter so in order for a creditor to do this they would need an enforceable agreement. Kind Regards Rosie
  13. You might request to see if they still have your agreements. No agreement = no permission to process data. One of my threads "HSBC Default" has it detailed. I had a default removed using this arguement. Regards Rosie
  14. This seems fairly standard practice for MBNA and their minions. They tend to just plough ahead with little regard for niceties like the law. Has the DCA bought the debt or are they are acting on behalf of MBNA? After finding out I would send a CCA s78 request followed by, if you are on card number 2 or above, an s85 notice and see what sort of response you get. That should quieten them down a touch. I’d be interested to see what sort of response you get to the SAR. I’m still waiting after 6 months. I’m almost tempted to advise that you complain to the ICO now rather than later to save a bit of time.
  15. From letters I have recieved, it appears that the industry believe that three calls a day falls within the guidlines set by the OFT. Good on you for keeping records, btw
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