12 days up for lowell

[The GodMother]

hi marjie.

 

No not long now. officially just over 5 weeks but u know what babys are like.

 

Yes i cant wait as i have been having a few problems with the heat and keeping cool but as we know thats all part of being pregnant and sometimes having nice weather.

 

I will write you a nice dear idiots letter if you want.

[Dorabell]

Yes please

[The GodMother]

KK give me a while.

 

Can u post up the letter u got today please?

just so i know exactly what they have said so i can reffer to it.

[Dorabell]

Hi caggers update with crap1 any advice please on this letter i will post up thanks

[The GodMother]

rite have you got the alleged credit agreement so that u can scan what they have sent?

 

They have already tho admitted they dont have not complied by not sending you t&cs relating to when the account was open.

 

Maybe you need to SAR them and find out what charges have been applied.

[sosumi]

To me that looks like a defensive reply! They can pursue you, they might record negative info about you with Credit Ref Agencies, and they will defend themselves, so there! IMO they're admitting they're a bit stuck!

[Dorabell]

Thanks both for your replys:)hi chrissi how you doing should,nt you be resting now:lol: the documents they have sent me again are exactley the same as in post 4,24,25.26,27:)

[The GodMother]

this is me resting trust me. This time last week i was up a ladder.

 

Any way i will look at those and see what they say.

[The GodMother]

I am going to advise u the same as anyone else.

 

Tell them to go away and send them a S10 notice that i will be posting up in a bit.

 

Completely unenforcable as it is a application form as you new.

[Dorabell]

Thanks chrissi:) i bet you have been cleaning those windows

[The GodMother]

mainly painting and arguing with bin men and school kids who think it is fun to elbow me when ever they like then give me attitude when i ask them to stop elbowing/push me.

 

The bin man diserved it but now they are refusing to empty my bins. I would not have complained if i was not called a fat whore.

[The GodMother]

this is a section 10 notice

 

Standard rules apply.

 

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[DBY]

this is a section 10 notice

 

Standard rules apply.

 

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

Hi GodMother, you seem to know your stuff!!

 

I wonder if you could possibly be so kind to have a look at the docs equidebt have sent me in another thread?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145639-dby-equidebt-pls-help.html

 

Thanks

[zazen.warrior]

I've had exactly the same letter from them. They know they haven't got anything enforceable, why they even have a standard response letter it happens so often!

[Dorabell]

HI all update with capital one i received the letter above today:mad: ,any good advise please very much appriciated thankyou

[zazen.warrior]

I've had that one too, you will shortly hear from Debitas who are Capital One by another name.

 

Send them the 'bemused' letter when you do as if you don't know it's still the same company.

 

Also the door step caller letter (you might want to send that now to Cap one as they have already threatened you with a visit)

 

Beyond that sit tight until they make a move, I doubt they have an enforceable agreement for your alleged account or mine!

[Dorabell]

I've had that one too, you will shortly hear from Debitas who are Capital One by another name.

 

Send them the 'bemused' letter when you do as if you don't know it's still the same company.

 

Also the door step caller letter (you might want to send that now to Cap one as they have already threatened you with a visit)

 

Beyond that sit tight until they make a move, I doubt they have an enforceable agreement for your alleged account or mine!

 

 

thanks:) we will have to sit and wait together

[Dorabell]

Hi all received this letter of capital one, has anybody received one of these any advise please would be appriciated thankyou:)

[havinastella]

Hi Marjie,

 

With reference to their mention of 'The information commissioner etc etc etc'

 

send Ellie Renshaw something that contains this

 

 

Accuracy of a lender’s default records

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

 

 

 

and of course there is......

 

 

41 Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly7. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.

 

Unresolved disputes

42 Lenders are faced with difficult decisions when considering recording defaults which are disputed by the customer. It is not our role to arbitrate in disputes between borrowers and lenders. However, when we consider complaints, we will conclude, where there is clear and sufficient evidence that a default has not occurred, that it is likely that the lender has not complied with the data protection principle which requires that personal data are accurate.

43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.

44 These are difficult judgements to make. Although none of the following will necessarily be conclusive, we will take into account these factors.

 

1. 
   
2. Is the customer able to produce evidence that they disputed that a default occurred?
   
3. Did the customer dispute the default before the lender announced their intention to file a default or after?
   
4. What is the nature of the dispute? For instance, does the customer allege that the agreement has been breached, for example, because the goods supplied were faulty, or does the customer simply dispute the amount of the default?
   
5. What evidence has the customer produced to support their side of the dispute?
   
6. Has the lender simply ignored this evidence or have they produced evidence to support their version of events?
   

how impotant is this view from the Information Commissioners Office?

 

 

If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed.’

 

 

*Copied from Finlanders thread*

 

 

Jogs

[Dorabell]

Hi all i have received this letter today of NCO that capital one have instructed these people to collect this debt:mad: any advise please would be most appriciated thank you

[Dorabell]

Hi nite howells any advise on this letter above please thank you x

[ukaviator]

As the account is already in dispute, they should not have passed this on to a DCA. I would send them a letter like this:

 

 

Dear Sir/Madam,

 

Your ref:

 

Thank you for your letter dated xx/xx/xxxx, the contents of which are noted. As a holder of a Consumer Credit Licence, you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which is in dispute with Capital One (Europe) plc, prior to your first contact with me, and has yet to be resolved.

 

Office of Fair Trading guidelines Section 2.8k clearly state "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the Office of Fair Trading guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the Office of Fair Trading guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the Office of Fair Trading guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Further, take note that continued telephone calls after the receipt of this letter may constitute a criminal offence under Section 127 of the Communications Act 2003. I will only communicate in writing, your telephone calls will not be answered.

 

I am of the opinion that if your company continues pursuit of this alleged debt, it will be in violation of the Administration of Justice Act 1970 section 40, Protection from Harassment Act 1997 section 3 as well as breaching a number of the Office of Fair Trading Collection Guidelines.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I look forward to hearing from you in writing.

 

Yours faithfully

 

Angry person

 

 

[robcag]

 

Hi marjie06

 

Have you received any other default notice?

 

I'm no expert, but IMHO the letter above does not conform to the requirements for format and content to be a valid default.

 

I also note that Crap One are claiming to have terminated your account, but before they can do that they must issue a valid DN which complies with sections 87-88 of the CCA1974

 

87 Need for default notice

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e) to enforce any security.

 

 

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

 

 

88 Contents and effect of default notice

 

(1) The default notice must be in the prescribed form and specify—

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

 

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

I'd keep that letter safe just in case this actually makes it to the courts.

 

Cheers

Rob

[creditcardmug]

The above doesn't even come close to being a valid default notice.

As Robcag says have you ever had another one?

[Dorabell]

no northing else just that one above, then the next letter i have received is from NCO that they are collecting the debt so i have sent them the disute letter i am just waiting now for there reply