Please help - Red & Lowell DCA's

[MATTYFEZ]

T-mobile have replied to the S.A.R - (Subject Access Request), they asked to ring them to provide further information before they release data.

 

Fair enough, but I am reluctant to tell my girlfriend to do this as she may be cajouled and it may constitute an admission or acknowlegment of the debt, Is there any way this can all be done by post?

[buzby]

There's nothing to say you have to speak with them - letter, fax and email are all acceptable methods of communication. Just explain that you have been advised to keep a paper trail of all communications due to possible litigation you are contemplating, therefore to reach an amicable solution quickly, you required their immediate response as to what information they require so it can be supplied and your S.A.R - (Subject Access Request) fully investigated.

[MATTYFEZ]

Thanks for that, On re-reading the letter thismorning, I was at work last night, they are not asking for more info, just requesting she contact customer services to advise them of her current address? yes, that right, the one they have just sent a letter to?

They also seem to think we have only requested copies of bills, as opposed to all info they hold.

 

What do you think of this draft, thanks

 

Thank you for your response to my Subject Access Request under the Data Protection Act.

Unfortunately I will not contact your customer services by telephone as I have been advised to conduct all communication in writing, to allow me to gather evidence for litigation that I am contemplating.

You seem to have miss-interpreted what is in fact a very simple statutory demand, I have not merely requested copies of any bills, I have requested copies of ALL INFORMATION YOU HOLD that regards or relates to myself in its entirety. See my previous correspondence for more details.

If you do not understand what is being requested, then I suggest you pass this request, along with my previous correspondence to a person within your organisation with the authority and knowledge to deal with it, as a matter of urgency.

I’m sure I needn’t remind you of the consequences of defaulting on such a demand, the original 40 day limit I have set for you still applies.

You already have my address, as you have replied to my original letter, but to make things simple for you here it is again:

[The GodMother]

yues that seems ok just make sure you send it recorded delivery at least and dont sign it.

[buzby]

Some observations - refer them to their designated 'Data Controller' if they are unsure what a SAR is - this might assist them, however have you ascertained what the fee is? £10 is the maximum they can charge but if you don't send the money, the clock for non-compliance cannot start.

 

Change miss-interpreted to misinterpreted, and drop the last sentence. We all hold them in contempt, but let their incompetence shine through without trying to be 'smart' - believe me, it pays dividends later. Finally, she'll need to sign the letter, as the request will not carry any weight without one. It's also bad manners not to!

[The GodMother]

the letter does not need to be signed as there is no where in the law that states it has to be, Buzby maybe you should check with pt2537 about this if you think i am wrong, The letter is fine if her name is just typed. I have done this and companys have got back to me.

[buzby]

For goodness sake, explain why on earth a signature makes any difference?

 

If you don't sign the letter, then you cannot assert it was you that sent it - and a firm can reasonably refuse to supply the information. Unsigned letters, apart from being bad manners, are providing the recipient with more ammunition to claim they thought the request was fraudulent.

[The GodMother]

well just a question then.

 

Define signature.

 

are there not different sorts of signautures. Mine is just the same as me putting on a piece of paper The GodMother as it is just a printed name like that and no one can legally say that is not my signature.

 

just cause i have not squiggled something across a page it does not mean i have not signed something.

[MATTYFEZ]

Thanks for the tips, guys.

 

Just to clarify,

 

Yes, everything is always sent recorded.

 

We have been using a handwriting style font to use as a signature, with the name printed beneath in a standard font, this method of signing has never been questioned, and it prevents the possibility of a real signature bieng coppied onto any documents, so we will contine using it for now as its never been questioned.

 

Buzby I will make the alterations suggested, thanks.

 

A postal order of £10 was supplied with the initial SAR, and has been aknowleged/accepted in thier letter.

 

Right, thats all for now, thanks! we will get this fired off on monday...let battle commence!

 

Charge!!!!!!

[The GodMother]

cool i love that idea.

 

Hang on have you been watching Gladiators on Skyone?

[MATTYFEZ]

I didnt even know gladiators was still going!!

[The GodMother]

well sky one has now brought the programme back and non of the originals will be in it.

 

I think it starts some time within the next few months.

[buzby]

well just a question then.

 

Define signature.

 

are there not different sorts of signautures . Mine is just the same as me putting on a piece of paper The GodMother as it is just a printed name like that and no one can legally say that is not my signature.

 

just cause i have not squiggled something across a page it does not mean i have not signed something.

 

Easy. It is a mark that defines that it has been sent by or on behalf of the the writer. But let's not lose track of the point - to attest to the authenticity of your request you append your signature, confirming it comes from you. I'm afraid signing anything as 'the Godmother' would be as useful as signing it, 'Mum' or 'FluffyBottom'. Pointless and unbusinesslike.

 

And as for not squiggling something across the bottom, DOES mean it has been sent unsigned. As for your double negatives in the last sententce, your argument is getting too obtuse to follow.

[MATTYFEZ]

Hi again,

 

A bit of news, T-mobile have failed to comply with the S.A.R - (Subject Access Request), giving the reason that they need us to confirm the old address.

 

Red have sent another "auto-threat"

 

We contacted trading standards, who refered us the the CSA (credit service association) who said to submit a complaint in writing.

 

Now the issue it this, the actual bill red/lowell are demanding is under £150, so with all this time spent writing and recorded delivery costs, It is becoming uneconomical to keep jumping through hoops.

 

Some things have come to light through going back over all the paperwork very carefully and cross referencing:

 

My girlfriend did have a contract with t-mobile that was settled, and her credit file confims this.

 

The bills for this rogue contract start immediatly after the above contract ended on its 12 month aniversary.

The bills are entirely line rental, looking back over the account summaries provided, I now see why there are no call lists, because there were no calls ever made. no texts either. nothing. in very small print on each charge sheet, it says "calls....0.00, texts....0.00" etc.

 

This is now starting to make more sense. t-mobile havent cancelled the contract after it finnished, even though her credit file states the initial 12 month contract settled. (there is nothing outstanding on her credit file).

 

My girlfriends credit files confirm a vodafone contract was active (now also settled) from a few months before the first t-mobile contract was settled, so she has clearly ditched t-mobile and gone with vodafone.

 

Now Red said in a previous letter, the contract they are persuing was not signed for, it was agreed by:

 

Confirming consent to sales person

Inserting SIM into handset

Using the handset to make calls

 

We now have reasonable proof, in my eyes, that the contract ended.

There is also proof that no use of the phone took place, and it is likely that she never inserted the sim or gave consent to anyone, as she was happily using a new contract with vodafone at that time.

 

All this can be proven beyond reasonable doubt by cross referencing her credit file with these account summaries that RED have provided, the summaries which show the contract was never utilised.

 

My girlfriend has clearly moved on to a new service provider in good faith.

 

So, Im now thinking we should just call thier bluff and openly invite them to take her to court, as we dont really want to waste any more money or effort on these jokers.

 

Any comments? does it sound risky?

 

Thanks.

[buzby]

Forget the paper trail for the moment. After your GF's 12 months 'were up' with T-mobile, did she just put the phone in a drawer and sign up with Vodafone? Contracts need to be cancelled, and what you're explaining is exactly what happens when a contract isn't formally terminated by giving notice or if notice is given, but sent to the wrong address or not acted upon. If the DCA asserts that no cancellation request was received, then thwy're within their rights to pursue. If she DID cancel, then she needs proof (an RD slip used for the letter) or a confirmation letter from the network that they've arranged to cancel her contract. Without either of these, a successful no-blame defence will be almost impossible,.

[MATTYFEZ]

Hello again, Ive not posted recently as there has been no development, hovever, the other day we got a letter from Red, offering a 50% reduction in the ammount they are wanting, which means they are now after about £70.

 

My girlfriend is saying that she could just pay it to end the matter, but I think it may be a sign that they have no case, as the person who signed the letter had a more senior sounding title, rather than the usual account manager type title.

 

Any thoughts/

 

Thanks.

[The GodMother]

yes pick up the letter and file it under evidence in the file you are creating.

 

Send them a letter thanking them for the letter dated XX offering the 70 % discount and you will happily consider the discount ocne they have you the documentation you request on XX. Or you could just adjust this to suit.

 

Dear Morons.

I DO NOT ACKNOWLEDGE ANY DEBT TO THIS COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Ref number:- Morons r us.

 

I am writing in regards to your letter dated offering me a 70% discount on this alleged debt.

 

I would love to consider your offer but i am still waiting for you to send the documentation l legally requested on .

 

As of u fell into deafult of this request and as of this ac**** is considered in legal deafult and this means until u provide me with the requaeted document u cant do anything.

 

I have ncluded a copy of the letter dated for your ease of referance and until you produce this documention there will be no further correspondence from me.

 

Yours

 

MATTY FEZ

[buzby]

This will be a commercial decision - they've probably purchased the debt at 20p/£1 and are simply finding a level that still remains profitable for them. Reject theire assertion and deal with the firm that created the mess, not the collection agency. Simply tell them the account is disputed and will not be entering into any further correspondence on the matter.