allykat, I phoned Next recently as I wanted to find out information, as I know Geoffrey Parker Bourne were being twats.... Anyway Next told me that they have NEVER received any of my payments and that they transfered the debt to Intrum Justitia in July 1993, hence the SAR to IJ Next also told me the balance when they passed the debt to IJ was £1,600, I asked them if they had sold the debt....I did not get a reply, all she said was it was down to IJ how they collected the debt. Next also told me that they sent statements to Geoffrey Parker Bourne on the 13 Feb, yet GPB in there last letter claim they are still waiting to hear from our clients. Can I still keep the clock ticking as they have sent the Postal Order back too.

allykat, have a read of the "solicitors letter received thread" IJ have in house solicitors Geoffrey Parker Bourne...they have not been telling the truth....hence the reason a SAR to IJ. you are quite right in saying they are happy to take your money without proving who you are..they have been taking mine for 14 years....with what it appears to be no proof.... nanna

Hi, I have been paying a debt for 14 years I sent a SAR to Intrum Justitia, for a debt that is supposed to be a CCJ (I have another thread on that saga)Solicitors Letter Received if anyone wants to read. I have had the SAR together with the PO returned asking me to prove my Identity, however this is where it is complicated... I remarried in 2000 and rang all of the 4 (at the time) DCA to change my name to my married name....only one would change the name on the debt...which I can prove with the payment book. When I started writing to IJ recently (never wrote to them in the whole 14 years up until a month ago) I just signed the letters in the name the debt is registered in as, I was told in 2000 they were unable to changed the name on the debt.... Now of course having this SAR returned asking my to prove my Identity what should I do...of course I have nothing in my pre married name...should I prove my Identity with a covering letter explaining the situation??? I suppose they are going to question the recent letters as well....

Priority I never knew that....I did not think that was an option;) but now I know

bump

rinkydinkydoo, They are unable to take you to court, because they would have to supply the original agreement to prove the debt.... which they do not have, I think they are trying to bully you...if the 12 days plus one month have passed, they have committed a criminal offence.... Until they produce the agreement the debt is in dispute in any case... I hope this helps nannamoon1

Hi Gizmo, I rang Next a few weeks ago, as I was getting really frustrated with GPB, I actually got a really helpful lady (for a change) who informed me that NEXT had not taken me to court, and that they do not and have not received any payments from me, which indicates that Next probably sold the debt to IJ 14 years ago. I do not understand why GPB keep referring to Next if they have bought the debt. I guess as GPB have not answered any of my questions, nor have they produced any proof of any CCJ, I will just sit and wait to see what happens:( scary one does wonder what they have up their sleeve, my only concerns is that IMHO I do not know if there was/is a CCJ or not. I sent a SAR to IJ on 30 March, so they have a while yet.... Next did tell me though that they sent statements to GPB on the 16 th February....so why to GPB keep saying that they are still waiting a reply from our clients....I know that they have replied, but I have not received any statements... nannamoon

Just had a reply from GPB to my letter of 26th March, They have not answered one of the questions..... Any ideas on the next course of action.... here is their reply.... Dear Madam, Re: Next Retail Limited v yourself Claim Number: XXXX Thank you for your letter of 26th March 2007. As explained in our letter of 15th March 2007, Judgment was entered on your own admission. We will write further in the near future. Yours faithfully Geoffrey Parker Bourne

nick, If they do not respond after the 12 + 2 for delivery days, do nothing, wait a further month and they commit a criminal offence & you can report them to the OFT, TS ect, they then cannot enforce the debt. You can then write to the creditor/dca and ask for the default to be removed. nannamoon1

Hi RDD, I had the same from IJ, I have been paying them for 14 years for a debt, I sent them a CCA request and they sent me the same letter as yours, I have done nothing. You can do nothing, you have contacted Aktiv Kapital whom say they have had not had the debt returned to them, If the debt had been sold to IJ then IJ have failed to produce the CCA wait a further month then they commit a criminal offense, the debt cannot be enforced while the account is in dispute. IMOP I would sit back and do nothing:) nanna

Hi, Just a question, which I hope someone will be able to guide me in the right direction. I will not bore you all with he details, but my Bank account was subject to high value fraud recently. I am having an absolute nightmare with the bank concerned as I am of the opinion that they have breached the DPA in the way of not following security procedures, confidentiality, etc. (unfortunaley, but fortunatley for me the bank ACCIDENTLY while sending me an email sent an attachment that gave me 95% proff and evidence that they are at fault. However they have sadi they have no telephone recordings, no transcripts, no telephone call centre operators typed up screen notes, basically they say they have nothing. So I sent a DPA & SAR which are below, I have received a reply for which I read that they have combined the DPA & SAR together, please can someone comment on their letter, I read it that all I am getting is Bank statements and NO other data, I though a SAR would allow you to have ALL your DATA. Please can I have your advice. SAR REQUEST: Hasn't copied on here very well LOL Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER:xxxxxxxx 1) Under the Data Protection Act 1989 Subject Access Request, we require you to provide the full data held. 2) For your convenience I have outlined below a summary of the information that I require. 3) All computer screen notes relating to the account 4) All computer screen notes relating to transactions that have gone through the account 5) All computer screen notes relating to transactions that have been refused or dishonored 6) All Internal messages or notes relating to the account 7) All Internal messages or notes relating to transactions that have gone through the account 8) All Internal messages or notes relating to transactions that have been refused or dishonoured 9) Full details of managerial decisions whether to pay an item or not, who took the decision and why all recordings of any telephone conversations, whether internal or external, relating to the account 10) Copies of any e-mail's, or other electronic communication's, whether internal or external, relating the account 11) Copies of all letters relating to the account 12) All information relating to litigation that has taken place on the account 13) All bank statements relating to the account from January 200 to date Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. This is not an exhaustive list by any means it is just an example of some of the information that is required. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to our identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully DPA Request Dear xxxxx I refer to your letter of January 25 2007, requiring additional information regarding the recorded telephone conversations which I requested in writing on January 18 2007. I have had a conversation with your colleague xxxxxx regarding this matter, as discussed these recordings are in connection with fraudulent activity that occurred on my account on January 6th 7th & 8th. xxxxx informed me that he would refer this back to the fraud department and I would be contacted to discuss obtaining the telephone recordings. I have spoken to both xxxxxx & xxxxx several times and to date feel that I am getting no closer to obtaining these telephone recordings. xxxxxx has confirmed that there are telephone recordings on our account; also xxxxxx has confirmed that the suspect has spoke to an operator on 3 separate occasions over the 3 days. The Data Protection Act 1998 (the “Data Protection Act”) The Data Protection Act applies to the processing of personal data. A DQ operator would not need to comply with the provisions of the Data Protection Act if it were to only monitor the telephone calls and not to record them (or to make a record of the conversation in another way for example by making a paper record of the conversation including the personal details of the caller and that paper record was kept in a structured filing system). Processing is broadly defined and covers the recording of telephone calls. Under the Data Protection Act 1989 I would like to request the telephone conversations held on January 6th 7th 8th from account xxxxxxx you have 40 days in which to respond. xxxxxx advised me that I do not need to pay the fee of £10, due to our account having been used fraudulently. I would like to request that you certify the telephone recordings are a true and accurate for the dates that have been requested. Should you not be able to deal with this request, please pass this onto the relevant office, department or person that is responsible for this request. Yours sincerely This is the Banks Reply Dear xxxxxx Completion of Request For a List of Transaction and Charges Account XXXX Thank you for your letter requesting specific information on your account with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover. If you have not received these within the next 10 working days would you please advise us on bla bla bla. If you requested information relating to manual intervention on your account, I regret xxxxxx plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request. Should you have any general account queries, please contact bla bla bla. Details of how we use your data can be found on the Internet under the Security ans Privacy section at bla bla bla or bla bla bla. If you would like a copy of the Data Protection Notification details, this can be found at www.informationcommission er.gov.uk, Alternativeley, please let me know if you would like me to forward a copy of either to you. Yours Faithfully xxxxxx Data Protection Consultant Business Risk Retail.

batdesign, As the debt is over 6 years old, and I assume you have not had any contact with HSBC then the debt would be statue barred there is a letter that you can send HSBC on debt template, yo can adjust it accordingly. There is also another letter for telephone harassment as well. here is the letter for the debt over 6 years Dear Sir/Madam Acc/Ref No xxxxxxxxxxx You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Here is the harassment letter: Re: Harassment by telephone ACCOUNT NUMBER: XXXXXXX Dear Sirs I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary) I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**) Yours faithfully, [NAME HERE] .

LFI, You are absolutely superb, with he way you word letters, I had drafted a letter, but yours is a much calmer approach, LOL, I will send the SAR to IJ and the letter to GPB first thing tomorrow Special Delivery. We will await their reply. PO thanks for tweaking my SAR I will send that tomorrow as well Special Delivery. Once again thanks

LFI & PO I have a copy of a SAR that I sent to my Bank relating to Account Fraud, (another story court case for breach of DPA) Can you run over it and see if it will be suitable to send IJ, if so I will send it today Recorded Delivery or will Special Delivery be better. It will be laid out properly, just has not copied & pasted properly LOL Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: XXXXX 1) Under the Data Protection Act 1989 Subject Access Request, we require you to provide the full data held. 2) For your convenience I have outlined below a summary of the information that I require. 3) All computer screen notes relating to the account 4) All computer screen notes relating to transactions that have gone through the account 5) All computer screen notes relating to transactions that have been refused or dishonoured 6) All Internal messages or notes relating to the account 7) All Internal messages or notes relating to transactions that have gone through the account 8) All Internal messages or notes relating to transactions that have been refused or dishonoured 9) Full details of managerial decisions whether to pay an item or not, who took the decision and why all recordings of any telephone conversations, whether internal or external, relating to the account 10) Copies of any e-mail's, or other electronic communication's, whether internal or external, relating the account 11) Copies of all letters relating to the account 12) All information relating to litigation that has taken place on the account 13) All statements relating to the account Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. This is not an exhaustive list by any means it is just an example of some of the information that is required. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to our identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully Nannamoon LOL As for the other letter to GPB, LFI any ideas how to word it as I do not want to say the wrong thing, giving any details away that I have spoken to Next etc. then I can get both off today. Thanks a million, I really do not know what I would do without this site.

PO, I could SAR IJ, just a thought though, if there is a CCJ only IJ could have taken me to court as already said Next have said they have no CCJ on the debt. Sending a SAR with a CCJ on the account would not help in this situation would it? I am currently not paying, I thought that if a CCJ was issued then the account could not go into dispute and should you fail to pay then you would obviously be in default. GPB do have the statements from next so why are they not sending those to me in any case, should I send a SAR and then a separate letter claiming all the points I mentioned above. Next say no CCJ Next say they do not receive any payments that I have made/make Next say debt was passed over in July 1993 and balance then was £1,608 (just a thought I was of the opinion that if a CCJ was issued then all Interest and charges cease, if that is the case then why does it seem that there are charges and Interest. Next say they have sent GPB the statements GPB say they are still awaiting correspondence - but Next have corresponded on Feb 13th County Court have no details or evidence of CCJ Should I call GPB bluff with all of these points in a separate letter?

Priority, Do I send the SAR to IJ as I have always dealt with GPB (although I knew only from reading a thread on here that GPB were in house solicitors for IJ) I have never had any correspondence from IJ regarding this debt only ever had correspondence from GPB. Just a thought, as said Next have never taken me to court, so could that mean (as you mention) that GPB/IJ originally bought the debt and GPB/IJ took me to court hence the reason GPB keep stating that the debt is a CCJ, but saying that Next did confirm that GPB requested statement from Next in February and Next Sent the statements to GPB on Feb 13th yet GPB have not released or even confirmed that they have these, but I now know they have them. Also if say as we think the debt was sold to GPB why would GPB write to Next and ask for the statements if they own the debt themselves. Would it be advisable to perhaps write back to GPB and confront them with the fact Next have never taken me to court, the court do not hold any records of the CCJ, equifax have no records, and inform them that Next receive none of the payments I make, also mention that Next sent GPB the statements on Feb 13th, yet you state in your letter to me that you are still waiting to hear from their clients (Next) It does make me laugh that when GPB write to me tat the top they put Yourself V Next, but next never took me to court so why the title? So we have it confirmed that Next did not take me to court, but what I need to now I suppose did Next sell the debt and then did IJ/GPB take me to court, if that is the case where would I stand on that basis, as sending an SAR would be of no use surely.

forgot to mention that I did ask Next if I was not to pay anymore, what would happen, they told me that possibly GPB/IJ would pass the debt back to them.

LFI, I have news at last, I have rang Next Retail and have been told that the debt went to Intrum Justitia in 1993 and Next retail do and id not take me to court, however when questioned about the debt in great detail, as to whether the debt was sold at the time or are GPB whom are in house Solicitors for Intum Justitia, Next in form me that they receive NONE of the money that I pay, so I asked who does the money I pay go to then,I was told GPB/Intrum Justita, I then asked well if the debt is owed by yourselves then why are you not receiving my payments, she said that all they would get is when the debt has been settled in full Intrum Justittia/GPB would just write to Next to inform them that the debt has be settled. Next would not answer my question as to whether they had sold the debt to GPB/IJ, also Next did say that GPB did write to them in February asking for statements of the account (this must of been when I requested the CCA) and they sent the statements back to GPB on February 16th, yet in the latest letter from GPB they claim that they are still waiting to hear from Next. Next have also told me that when the debt was passed over in July 1993 the balance was £1,608.20 now I have been paying £7 per month for the last 14 years so that adds up to approx £1,120 yet the figure I have in my GPB payment book on February 3rd 2005 is £1090.70. So where do I go from here, Next claim that they NEVER took me to court and they do not take Customers to court, could it possible be that IJ/GPB took me to court for the debt then? whats going on? HELP HELP

OK LFI, Just rang Equifax, as I am a gold member, and they would not have any details of this CCJ as they would have deleted the data after 6 years, now they claim that GPB would not be able to take me back to court as the CCJ is over 6 years, but according to GPB they will make an application to the court to enforce the CCJ should I default by not keeping up regular payments. where do I go from here??? LOL

Hi lfi, As previously said, this debt was a result of a divorce 14 years ago and my ex hubby dealt with all this, I have spoken to him (thankfully we are on speaking terms lol) and although he cannot be 100% sure he thinks that this debt did not go to court. As for a charging order on the house, at the time (14 years ago) I did not own my own house, (local council) so there is not a charging order, I would not have a clue about the said CCJ being set aside, I wish I knew, this is so frustrating. LFI what I cannot understand is GPB come up with these dates,(date CCJ was started, Judgment set aside date) but I have asked them in previous letters to provide me with documentary evidence which they just keep coming back with "we have written to Next Retail & when we get a reply we will be in touch) but if there was/is a CCJ they must have paperwork as the CCJ is still active as to say, so why are they not producing the evidence? Also if they have no paperwork etc. then where are they getting these dates from, surely if they are collecting my payment they have a legal right to maintain the evidence, they have not answered the question about retaining my data either. Also, do I keep maintaining the payments, I have not paid March's. HELP this is driving me mad:-x a challenge for you LFI or anyone

Hi Lookingforinfo & Gizmo After returning from holiday I have a letter from GPB replying to my letter above, this is what they replied: Dear XXXX Re: Next Retail Limited -v-Yourself Claim Number XXXXXXX Thank you for your letter dated 21st February 2007. We are still waiting to hear from our Clients as to whether or not they have any documentation. Whilst noting your comments, we confirm that Judgment was entered on your own admission on 16th November 1993. Further, we would remind you that you made application to set aside that judgment, which was heard on the 5th July 1994 at Horsham County Court and your application was dismissed. You have thereafter made payments on a regular basis, the last being received by us on the 7th February 2007. In our view the details in relation to the Judgment are still relevant and necessary to be retained. You will appreciate that in the event of default, we are entitled to make application to the Court to enforce the Judgment. Immediately we hear from our Clients we will write to you again. Yours faithfully Geoffrey Parker Bourne Obviously I have not made a payment since Feb, just a little concerned that they may make an application to the court to enforce the Judgment (although I am still not sure if this debt was a CCJ), also GPB have not answered the question regarding retaining my data. Any advice or help where to go from here please

missm, The attachment that was sent to us in error, clearly confirms that the call in which the fraudster spoke to the same operator twice within 2 hours was NOT a weekend.

Helznpeanut I assume you have sent a CCA request, they have 12 days to supply you with a copy of the credit agreements, if they fail they have defaulted, the After the 12 days plus a month they commit a criminal offence and cannot enforce the debt. I believe it is at this stage you can report them to the OFT, TS etc. and you can ask JD to remove the defaults, as they have no documents to prove the debt.

Phonesurgeon The fact that the CCA arrived the next day and was signed for, you could say the 12th day expires March 16th;) You are correct they will be in default after the 12th day and a month after they commit a criminal offence. You can then report them to T/S OFT etc. Nanna

Gizmo, We are not 100% sure that this debt ever went to court, I myself have no paper work, as this debt is 14 years old, IMHO I cannot remember if there ever was a CCJ or not. I did wade through some old papers in the loft and found something that was hand written in a notebook (by myself) that may suggest that there was a CCJ, but apart from that I have a payment book from GPB which I have for the 14 years. I did ring the County Court when I received GPB response to the CCA request. I was told that there would be no paper work as when they went computerized, everything was destroyed, I was also told they would not keep anything over 6 years old. So no evidence of a CCJ. GPB have to date not produced any documents to show that the debt was a CCJ. How can GPB enforce the debt (CCJ) if there is no documents to prove the debt ever went to court, and the court do not have any documents either.