BCW - reprise (a legal notification)

[Jesteruk]

I would hate to be the bearer of bad news but, i doubt this has or will go away. O2 probably just ignored your letter, and will no doubt pass it onto another DCA.

 

One way to get the default removed would be to contact O2 and request the removal. You could also issue them with a S.10 request (Which i cant find at the moment). This removes O2's authority to process your data. Normally you would give them 14 days to cease and remove all data. If after that time period, you should then issue them with a "Letter before Action" basically threatening them with court action unless the balance is wiped and removed from your file.

Unless O2 do what has been requested then you will have to apply to the courts for this to be done.

 

Give me 10 mins to find draft a suitable response.

[Jesteruk]

Here you go stick this in there pipe and let them smoke it!

 

Notice pursuant to s.10 of The Data Protection Act 1998

and

Notice of intended Data Protection Act complaint.

 

 

 

 

Re: account no.

Account holder.

Address.

Further to my letter dated XX/XX/XX.

Take Notice that I require that you cease from processing within 7 days of the receipt by you of this letter any information about myself.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

Within 7 days I expect you to do the following:

• Clear any outstanding amount and set the account to zero
  
• Remove any information and defaults placed on my Credit File
  

Further take notice That I intend to make a formal complaint to the Information Commissioner and to the Courts that you unlawfully hold, process and distribute inaccurate information about me should you ignore this request

I also require within 7 days a copy of your companies complaints procedures in writing

 

This is in addition to any rights which I may choose to enforce under the law of defamation.

 

signed

 

TYPE NAME HERE DO NOT SIGN

 

 

DATE HERE

 

After 14 days have passed from this letter and they are still processing your data, then a LBA will be required, after which time you can then file a court claim against them,

 

Good luck

[Jesteruk]

Print 2 copies and send one of them by recorded/signed delivery, keep all reciepts. I will come back later with a LBA for ya - time for work

 

Remeber DO NOT SIGN THEM!

[Jesteruk]

Sadly that letter provides the proof of debt

 

BUT

 

this is clearly a dspute between yoursleves and O2, and therefore BCW should return the debt to them as it is a disputed debt.

 

 

the worse thing is you cant provide the proof that the phone was sent back, it wouldnt surprise me if it got lost at O2, with the amount of phones they get back every day!

 

The following letter might get BCW off your case, and possibly sending OS a letter to advise them that by forwarding it to BCW is in breach of the OFT guidlines:

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

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 O2 and has been since INSERT DATE. This is in breach of OFT collection guidelines,

Now I would respectfully suggest that this account is returned to the O2 for resolution of these defaults and breaches, as BCW cannot lawfully pursue any enforcement activities.

If BCW chooses to ignore my dispute and attempt enforcement, I may initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading and the Information Commissioners Office.

After taking advice, I am of the opinion that any continued pursuit is in breach of a number of the OFT Collection Guidelines.

2 UNFAIR BUSINESS PRACTICES

2.2 Examples of unfair practices are as follows:

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when reasonably requested

Physical/psychological harassment

2.6 Examples of unfair practices are as follows:

 

h. ignoring and/or disregarding claims that debts have been settled or are

Disputed and continuing to make unjustified demands for payment

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Edited November 3, 2008 by Jesteruk