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Everything posted by Vampyra

  1. I'm dealing with Lowells and Red at the mo too. Persistant little critters, aren't they? Interesting Rory notes that passing it to Red consititutes another DCA whilst in dispute! I'll get onto that one.
  2. And all for under £500! Hardly worth their time really. Surely it will cost them far more than that to go to court? They are truely pathetic it would appear!
  3. Thanks Seahorse - I was getting the impression I was going mad and they might be right due to the lack of laughter by some people! Cabot are piddling me off!
  4. Well this isn't a CA is it? No prescribed terms and I would gather unenforcable - but I'm not going to write endless letters to them about it. How can they, when I quoted the prescribed terms and laws of the act in my letter, sit back hand me an application form and say that is good enough? They are so thick! *is angry with Cabot now*
  5. Well, any ideas? Comments? Something?
  6. OK Rory thanks, but it's still an application form isn't it? And almost illegible and without the prescribed terms, I fancy. So next move, anyone?
  7. Anyone got anything like this from the lovely Cabot? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/98197-vampyra-tweenies-2.html#post1032934
  8. They have stated quite clearly that "although the original copy may not be available to Cabot via Barclaycard, Baclaycard have supplied Cabot with a copy of the original which has been enclosed and previously supplied and satisfies all requirements". So, now my question is, what is the legal difference between an original copy and a copy of the original?
  9. My letter answered and application form was returned by Cabot today. See as below. This is the "CA" Application Form - notice the wording at the top left saying "Barclaycard Student Application" and the wording bottom right saying "IMPORTANT The above section must be signed for your application to be considered". Plainly this application form is virtually illegible in parts. It is NOT a CA and does not provide an APR, Credit Limit and repayment schedules. I have no idea what this is for and what it is supposed to prove - and no it's not my signature I never sa
  10. I got one of those photocopied letters from 1st Credit and Halifax. Just to let you know, the alleged debt they plaster me with is currently unenforcable at Law, yet they still threaten me with court action.
  11. I CCA'd 1st Credit and they still harass me for the money even though they couldn't produce a CA. They are not decent and from what I've read even when people pay in full they still get threatened with court action for they money they no longer owe! They need to go back to school, IMHO!
  12. 1st Credit have now passed me on to the DEBT DEPT of their company and if I don't reply in 7 days, they will assume I don't wish to deal with the matter. Er...sorry 1st Credit - you've committed a CRIMINAL ACT with no CA - TAKE ME TO COURT!
  13. Well y'know BB they have to make money somehow and as they probably only pay £3.50 for each debt, you have to admit they have to bankrupt people to get their money back!
  14. Why is she talking to your OH? She is breaking the DPA, write in and complain. Also demand in writing proof of the £1.00 payment. PAY THEM NOTHING! They are trying to get a payment off of you to start being able to collect the debt. If it is Statute Barred I think you need to speak to TS about their harassment and conduct. Someone with more knowledge will I'm sure be along soon to help you.
  15. Ooh Rory - did you get my elongated PM?
  16. Well we are not allowed to write their real names are we? Indeed! I assume and I know assumption isn't clever, but I assume they have sent the original letter I sent to Lowells onto the Co-Op and they are looking into whether it's worth bothering with. Isn't the insolvency threshold £750 anyway? I may be wrong here, but this is for less than that.
  17. OK Monty and OP they are wrong on several accounts here. Firstly the Consumer Credit Act 1971 does not exist! They cannot state that a CA withiout the correct terms is not illegal or void as this has not been catagorically confirmed by a court. Also, a CA with the incorrect terms cannot be enforced, even in a court. With regard the terms of the CA please see this posting: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html If your debt has a default on it - all mine are from September 2001 or
  18. A non-executable piece of paper resembling a CA was sent from Lowells from Co-Op Smile. It arrived after the default date but just inside the criminal offence date - however I would argue I requested a fully & correctly executed copy of my CA and they didn't provide this within the 42 day limit so they have, in all logic committed an offence. I sent a letter out to them stating this and that they cannot persue this debt whilst it is in default. Also as they have been unable to prove the debt is owed by way of a properly executed CA and no proof that they even own the debt, I ask
  19. Monty Quote from ICO leaflet: "The data controller must give you written notice either that he has complied with your notice or intends to comply with it, or (the data controller) must state the extent to which he intends to comply, (if at all) and explain which parts of the notice he considers unjustified, if any, and why. This information must be given to you within 21 days of recieveing the data subject notice". Also, yes - it is a default after at least 3 months.
  20. Furthermore, If the data processing can be proved to be causing or is likely to cause substantial, unwarranted damage/distress, then this is a matter to be resolved in Court. The ICO leaflet states: "As a guide, a data subject notice is only like to be appropriate when the particular processing has taken place without justification and has caused, or is likely to cause you or another to suffer loss or harm or upset or anguish over and above annoyance levels."
  21. Having just spoken to the Information Commissioners Office, this is the information I can pass on to you all. They have to stop processing you data under s.10 of Data Protection Act if you ask them to, unless it is a life or death situation and they must process data - i.e. an A&E department; complying with a legal obligation which the data controller is subject other than an obligation imposed by contract, i.e. something like money laundering or fraud checks; you are involved in a contract by way of which the performance of the contract is compromised if the data processing is halted
  22. Monty I am a little unsure as to why the ICO would say this is the case when no one has given permission for any debt collection agency to process their data? I am just ringing the ICO now to find out.
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