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    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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GE Money ..SAR missing statements.


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Good afternoon all,

I have a ccj against me issued approx.2 years ago by h .cohen..and if i knew then what i know now..! there was not ever a CCA in sight!...but still. I recently sent a SAR to GE money to at least get the ccj reduced as i know there were a substantial amount of late payment fees etc. Today I received a reply from GE Money, with many months data from the six years missing!! this data they say is no longer available to them! Then they list a retrieval of a number of transactions from the differing periods that they say they cannot retrieve!

I thought they had to legally hold all data for the past 6 years? Should I write again..can you advise on steps to take ?

Also is all of the late payment fee reclaimable or part of over the £12.00.?

many thanks

kind regards

moving on

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Hi you could try sending them this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html amended to suit :)

 

Also is all of the late payment fee reclaimable or part of over the £12.00.?

 

Claim the full amount of the late payment charge :)

 

Hope that helps

 

saint

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  • 2 weeks later...

Good Afternoon all,

Just a quick question, I have today received a default notice from mercers..I sent a CCA request to Barclaycard last May, and to date they have not supplied me with the relevant document! I pay £5.00 per month to Barclaycard and this was agreed!

Is there any redress I have to this action?.I know they do not have a CCA.

 

kind regards

Moving on....

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Hi you could try sending them this letter

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

As with the CCA dont sign the letter print your name :)

 

 

hope that helps

 

saint

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Good Morning,

Once again Saintly 1, Thankyou so much for your help...you are brilliant. You know those old feelings of despair re-surface momentarily when I receive lettters such as these but then well ...with the exxcellent advise of yourself and support of CAG the fighting spirit kicks in again..!

Thank you so very much.

Kindest regards

Moving on...

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  • 2 weeks later...

Good morning all,

I have confused myself somewhat.!!

The above account I was referring too,I now realise a default notice has been issued but I had not sent a CCa request for this account due to the fact that when I reclaimed charges, they paid me directly! ... advice given at the time led me to believe I had aknowledged the debt therefore could not send the CCa request.

I have been paying monthly token payments, i was just wondering what/if there is aanything i can do now?

 

kind regards

moving on....

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  • 2 weeks later...

Good afternoon,

Il try and keep this simple but I am somewhat confused!!

I have sent GEMoney a DPA non-compliance letter..and they still have not complied!

I tried to call them but was met with a belligerent customer advised who said in his capacity as floor supervisor he could not transfer me to anyone to help me!! but advise to call CL finance..when I did H Cohen answered the phone!...In a nutshell H Cohen suggest I now send them a SAR , but they would have only 'partial information'...Why would i do this?!

GE Money only sent part statements and no assignment, default, or CCJ info. H Cohen say they will be able to send me details of assignment!..funny no mention of a sniff of a CCA agreement...They said the alleged debt was assigned on 5th April...and it looks like they applied for a CCJ the same day.!

My question is should I attempt to send another SAR to H. Cohen, surely GE money should have provided me with all the info? or at this stage complain through FOS for non- compliance.?...so sorry to sound so confused...but i am...!!!

Many Thanks

moving on....

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  • 1 month later...

Afternoon all,

 

GE Money have offered £72.00 on charges totalling £360..(some estimated as they could not/would not furnish me with all missing statements.)

I sent them the rejection letter as advised, and they have replied stating that their offer remains the same and no further adjustments will be made.

Do I at this stage send a LBA or just go ahead and file a N1? If so which POC would be relevant? (it is a store card.)

very many thanks

moving on...

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  • 3 weeks later...

Good morning all,

 

OK LBA sent and GE replied with no budge on their full and final offer!

Before I file N1, I have estimated some charges ( I actually had one old statement with a charge on from at least one months statements they say they cannot provide!!), so I am confident that charges would have been applied in the months where other statements are missing.

Do the POC need to be amended to reflect the fact that some charges are estimated?

Also, I did ask this question some time ago, but no response.!!lol....I have been paying Barclaycard an agreed monthly amount, but they sent a default notice a few weeks ago and have now passed the account to credit Solutions. I have not sent a CCA request ( I know there is not one!!), as when I reclaimed charges BC paid them directly to myself. Can I send a CCA request to Credit Solutions and just keep paying Barclaycard?...Im tired of all the threats!

 

many thanks in advance

 

moving on....

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Also, I did ask this question some time ago, but no response.!!lol....I have been paying Barclaycard an agreed monthly amount, but they sent a default notice a few weeks ago and have now passed the account to credit Solutions. I have not sent a CCA request ( I know there is not one!!), as when I reclaimed charges BC paid them directly to myself. Can I send a CCA request to Credit Solutions and just keep paying Barclaycard?...Im tired of all the threats!

 

Yes you can send a CCA to Credit Solutions ...

Do the POC need to be amended to reflect the fact that some charges are estimated?
I would amend them slightly

 

 

 

saint

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  • 2 months later...

I'm watching this thread with interest. GE money sent me just 4 months statements and said that was all they had. Those 4 statements had £70 in charges on them but I know it will be pushing my luck to estimate 6 years at £70 every 4 months. I'm going to try it though as obviously they cant dispute it if they havent got any statements ;-)

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