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  1. Please can anyone offer me some advice, I owe 12K to welcome and I am paying them back at a reduced rate, however everytime I get a phonecall off them they ask for date of birth, so I give it to them and some will say that it is fine and other people will say that we have a different date of birth for you, but then go one to talk about my account. Am I right in saying that this is against DPA as if I give a different DOB to what they have on their records they should not continue with the conversation? Also how far back can you go to reclaim PPI I believe I took the loan out before 2005 so I may not be covered by normal SAR? can any one help or point me in the right direction with these questions????? Thanks in advance
  2. Affidavit's Wanted Please Preparing for the case ahead, clydesdale I know will use the "it was only a one of administration error" line alongside their proposed defence. I want to show the court that infact failure to provide documentation under section 7 of the DPA 1998 is rife across the industry but in particular within this bank. I am trying to collect as many affidavits from people who have banked with clydesdale and had problems of this nature to use as evidence that this is not a 1 time occurance. 3 Years and still no data from them. Anyone willing to help?
  3. If any1 could give me some pointers on what they think of this letter and any suggested improvements / laws and legislation i can quote or things to add / remove to give it weight I would be hugely grateful! I am looking to dispute a mobile agreement which was mis-sold and get some money back / hopefully get my credit file ammended Thankyou __________________________________________________________________ Account No: ****** Re: Mis-Selling Complaint & Notification Of Intended Legal Action __________________________________________________________________ Summary Dear Sir / Madam, I am writing to you with relation to a complaint with regards to a FEAST mobile phone staff account, taken out with you, whilst in the employment of Vodafone Retail in 2009. The complaint detailed below specifically revolves around the mis-selling of this contract, the recording of data of my credit file, and the associated monies incurred to settle this account - the validity of which is fully disputed and has now been paid under duress. I intend in this letter to detail the points of my complaint specifically and the circumstances around the creation of this account, how it was sold and the illegitimate monies I have paid to bring this matter to an end. This is not the first time I have discussed this account with you and did so nearly 2 years prior, denouncing my liability to accept the contract you allege I entered into and the acceptance of any terms and conditions. Since then the account was passed to a DCA (Fredrickson International) and the alleged debt has been paid in full - including a referral charge of £100. Now they have been paid (once again, I stress Under Duress) my full intention is to challenge the validity of the debt, the agreement and the terms and conditions implied to be agreed to. My intent is to re-claim the disputed costs paid on this account plus associated costs for damage to reputation and feelings, if necessary through the courts, from the damaged entries placed upon my credit file. Please Accept This As A Letter Before Action. __________________________________________________________________ Facts Of Account The account was opened over the phone with the Employee Accounts Team, shortly after joining Vodafone Retail as an employee. The account was described as being a benefit to me, as an employee, by the employee accounts team, with no credit check. There was no mention of any minimum term, or condition of return of the handset chosen to accompany the feast account. The employee account team member explained nothing more than the inclusive minutes, texts, etc and a monthly charge. No agreement or terms and conditions were supplied either by email, post, fax or verbally explained at any stage, either immediately after entering into the agreement or at any point thereafter. The handset was delivered to my work address by courier, with no documents in the box to highlight the points of the agreement that accompanied the FEAST account that had been opened - again with no mention of its conditional return should I wish to leave the employment of the company. To my knowledge and with no information to the contrary (as the was described as an employee benefit) the handset and tariff supplied to me was without commitment and without condition, to me the employee, from Vodafone, my employer. I did however understand I would be required to make a small payment towards the monthly running of the account, whilst with the company in their employment and this would be taken by direct debit. I used and continued to use the handset whilst in the employment of the company and left a short time after joining, paying my contribution towards this “benefit” whilst there. After leaving the business, some short few months after joining and accepting the FEAST “benefit“, I had no reason to believe I would be charged anything further or had a liability to pay any further changes or costs. My full understanding was the handset would be mine to keep and the account disconnected as no longer in the employ of the business. I had no reason to believe; any further invoices would be sent, I had to cancel anything (as no one ever told me or wrote to me, or supplied a copy of a contract, or terms and conditions to state otherwise at ANY STAGE - including bills) or return the FEAST handset. Actually, I had no idea you were even writing to me to tell me you were continuing to bill me as I moved address shortly after leaving, and as there was no agreement to continually supply service past my leaving the company’s employment - why would I have written to you to tell you of this move in any case? After checking my credit file sometime later and noting you had defaulted me for the sum of £124.84 on 27/05/2009, I made contact to understand what had gone wrong. After speaking to a Team Manager who investigated the matter over a number of weeks, I was informed the debt would stand and it was being passed to a DCA, despite disputing I had entered into a contract or accepting any terms and conditions. I then began receiving letters and calls from Fredrickson International / Bryan Carter Solicitors LLP, acting on your behalf to recover the alleged sum of £434.84 plus an admin cost of £100, taking the total sum to £534.84 I challenged Vodafone when I disputed this 2 years ago to supply a copy the recording of the call I placed when creating this account with the Employee Accounts Team which you admitted could not be supplied. I further challenged Vodafone to supply a copy of the agreement I entered into and the associated terms and conditions I had agreed to, which I still challenge you to prove, beyond reasonable doubt. After attempting to resolve this with you directly, I was offered a reduced settlement on the account, as the original debt of £124.84 had spiralled to £434.84 with an additional fee of £310 being added to the account, since defaulting of the original balance. This was explained to me as a charge for non return of feast handset / services planned to be provided over the apparent term of the contract I had allegedly agreed to. The company’s standing at this time was the debt would be fully pursued until paid which it was and the company would not accept that I had been mis-sold to. Threatening letters of legal action etc and hounding to pay this debt eventually made me cave in and broke my resolve. Under Duress I began to pay the full amount of £534.84 to your agents Fredrickson International / Bryan Carter Solicitors LLP by way of instalments on the 2nd October 2010, and completed the agreed payment plan with them on the 13th June 2011, paying the balance off in its entirety. Vodafone updated my credit file, acknowledging I had paid this disputed balance and associated default (marked as satisfied) on the 6th July 2011. __________________________________________________________________ Nature Of Complaint I have paid a debt back under duress of £534.84, with at the least the disputed sums of; -£310 applied as a charge to the account -£100 referral fee to DCA No agreement was entered into, supplied, informed or documented between both parties. No terms and conditions were agreed to at any point nor supplied or agreed to. Despite no agreement being in place, or terms and conditions accepted (which have not yet been proven beyond reasonable doubt) you have proceeded to allege and enforce this debt through your collection procedures. The member of staff over the phone at Employee Accounts mis-sold this agreement by not highlighting any main agreement points, such as term of agreement, or return of FEAST handset. - Again I state, you have been challenged to produce a copy of this call to prove they did, which cannot be produced, as you previously admitted. Despite asking for undeniable proof I knowingly entered into this agreement, with all the facts you explained the terms of the agreement I entered into, the only information I have not been supplied with a true and certified copy of the agreement, any proof I agreed to the terms and conditions or proof of supplying them. The only information EVER provided to me, was when first complaining, an email with some of my personal details typed into the body of that email (deemed by you as an agreement) and a copy of your general terms and conditions for the FEAST account. At the time I denounced these as non credible proof of an agreement or proof and still do. I never received or was sent a copy of the agreement you allege to be binding and hold, nor a copy of the terms and conditions, nor was made ware of them or had the chance to study. You deemed the terms and conditions had been read and accepted as a tick was marked on the account to show this was the case - As the agreement was taken out over the phone, this was never the case and is fully disputed. I did not specifically agree to the sharing of my data with any 3rd party organisations, including credit reference agencies, which you have done so, in both reporting data to my credit file and unlawfully passed my account to a DCA, with no agreement in place to pay you any charges. You have damaged my reputation by placing a default marker and negative payment history on my credit file, making it harder for me to obtain credit and as a direct result of this action has cost me unnecessary monies, which would not of otherwise been paid to creditors in interest, from my credit purchases, since the time of recording the negative information to my credit file. A prime example of the results of your action has been a car purchase of 4 years at an APR of 28.9% - accumulating in some £14,000+ in interest payments alone over the life of the loan. Not only this, as a result of your actions, I have recently been declined for a mortgage application and furthermore a job offer, which was subject to satisfactory credit check. __________________________________________________________________ Action Needed To Resolve This Issue Return the sum of at least £410 from the original alleged debt and monies now paid to you, comprising of £100 referral fee to your DCA and £310 disconnection fee. Pay the reasonable damages towards the increased costs of all credit obtained since the date of your default notice appearing on my credit file Remove the entry to my credit file in its entirety as an unlawful entry, in violation of the unauthorised sharing of data with 3rd parties, under the DPA 1998. You have 28 days to comply with points 1 & 2 or return your final position on this matter, pending the commencement of legal action.
  4. I have TV with buy as you view and everything was going fine until i got a new "account manager" who ignores all notes on my account ie:- DO NOT ATTEND PROPERTY IF ACCOUNT HOLDER NOT PRESENT being the main one. i am the only person on the CCA and HP agreements. there fore he should only deal with me well he attends my property while i am at work and he proceeds to tell my partners mum:- How much he is taking from the meter how much needs to be in the meter for next visit how much is left to clear the account all this information is divulged without my authority. I have been intouch with ICO and they have confirmed that this is a breach of the data protection act and that i need to write a complaint letter to the company. I have got a clue how to write/word this letter can anyone please help with this! thank
  5. Hi - I had a phone call this morning from Vanquis (yes, I know!), which went something like this:- Them: Hello, is that Janie1962? Me: Yes - who's this? Them: Vanquis - you're £16 over your credit limit! Why is this? Me: What?! Them: You need to make a payment today with your debit card. I'm not disputing the fact I may be over my limit - what annoys me is that they never took me through any security checks before disclosing the problem. When I said I thought she should have gone through security first, she replied that WAS security! Any input gratefully received! Thanks.
  6. Hi, There is much grumbling about how credit reference agencies store data and share it on here but little resolve on the issue. Lately I have been turned down for some basic financial services so have checked out the DPA to see what the score is regarding data sharing. The DPA seems to deal with two things mainly which are: 1. Data controllers right to hold data and the way they store it 2. Data subjects right to access and ammend data That is all great and I dont have a problem with my bank or any credit reference holding data against me but what is the deal with them sharing my data with other companies so they can judge my means?? Unless I missed something obvious, where in the DPA does it say that data held about me can be given willy nilly to others that I do not have any agreement with? If I have a loan with Barclays and they record my repayment history with Experian or other CCA then that is fine but where does the DPA get involved when HSBC turn me down for a bank account due to Barclays telling them I had a couple of defaults? Arguments about CCA's right to hold data seems to be most peoples concern but are people forgetting that it is the actual sharing that is causing the grief, not the holding. The DPA does not seem to allow this, or it does not mention it so it goes un-noticed. Any help on this appreciated before I start firing off letter to Experian and possibly embarassing myself Chris
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