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The Leeds Losers have been unable to produce any proof that any agreement existed between you and Crapone. Without such an agreement you need to ask them where TF they get permission to be processing your data in the first place.

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Thanks ODC,

I'm just in the process of drafting a nice letter to them. I'll post it up before I send it just in case it needs a few tweaks:)

 

 

fox

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This is the letter I'm proposing to send to lowlifes. I will probably edit it a bit before I send it but if someone can have a look see and tell me if there is anything I need to be adding.

 

Thanks in advance

 

Dear scumbuckets,

 

 

I am in receipt of you letter dated 17th December 2008, the contents are noted.

 

 

I note in your letter you state that a notice of assignment was sent to me on 01/02/07. Could you prove that the letter was sent as I never received it.

 

 

According to yourselves you have the right to process data about me because of a contract to which I am party. As this is the same contract you do not have, how can you say that I agreed to my data being used. In your letter dated 08/12/08 you state that the agreement is no longer available. Therefore it is reasonable to assume that you never had the agreement and as such never had my permission to process my data.

 

 

The fourth principal of the Data Protection Act 1998 states that all data must be accurate and up to date. By your own admission, you do not have a copy of any agreement therefore, any data you process about me would be regarded as inaccurate.

 

 

Due to your not having my permission to use my data, I require you to remove and destroy all the information you hold. This request also means that you contact all Credit Reference agencies AND third party organisations that you have disclosed my personal information, and have them remove said data..

 

 

The marking of my credit record as “satisfied” in my opinion not good enough. I want the data removed as it will affect my chances of obtaining a suitable bank account for the next six years.

 

 

Unless you can show me exemptions to your using my data, I expect you to comply with my wishes. If you fail to do so I will make a complaint to the Information commissioner and consult a legal professional with the view of obtaining a court order forcing you to do so.

 

 

If you do not understand the ramifications of this, I suggest you pass this letter to someone with a little more mental acuity than yourselves.

 

 

 

 

Yours Faithfully

 

 

fox

 

 

PS Happy Christmas

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CAn someone look at the above letter please and tell me if it's ok.

 

How do I get my title change to "won"

I think it's a win anyway

 

fox

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Help yourself fiftypence. That's the whole point of this forum.

I will be adding bits to the letter as I think of them but I hope to get it in the post for monday.

It stands to reason that they have no right to be processing data without an agreement but I worry that if they don't comply I'll have to take them to court and I don't want to because a) I don't know how well I'll be on the day and b) what's it gonna cost me?

 

Problems,problems :)

 

fox

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From what I have read I think that when a DCA knows they are in the wrong on stuff like this they do back down but like you say its just aggro and time and cost. I think I also read somewhere that there are damages available of £1,000 per default if it has to go to court and its found in your favour? Could be wrong on that tho.

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Yes I read that somewhere too but i think you have to suffer some form of loss to get compensation. I've not lost anything apart from sleep, hair colour:roll: and my temper:mad:

I'm going to write to experian too and see if they will do anything.

 

fox

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I was thinking of sending experian this:

 

Dear Sir/Madam,

I am writing to you with regards to the credit report I received this week.

 

 

I refer you to item C1 in the credit account information section.

It states that Lowell Portfolio 1 Ltd has registered a default against my name. This is inaccurate.

 

 

At no time have Lowell Portfolio had written permission from me to process my data or to report any of that data to any Credit Reference Agency and as such they are in violation of the Data Protection Act 1998.

 

 

I require you to remove the inaccurate information without undue delay.

 

 

If you require more information from me as to why I believe the information to be wrong please contact me. At the moment I have a letter from Lowell stating that they do not have a copy of a valid Consumer Credit Agreement and as such they have closed the file related to my name.

 

 

I look forward to a favourable response from you.

 

 

 

 

Yours sincerely

 

 

If anyone could check this letter and let me know if it's ok I would be gratefull.

 

 

fox

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I was thinking of sending experian this:

 

Dear Sir/Madam,

I am writing to you with regards to the credit report I received this week.

 

 

I refer you to item C1 in the credit account information section.

It states that Lowell Portfolio 1 Ltd has registered a default against my name. This is inaccurate.

 

 

At no time have Lowell Portfolio had written permission from me to process my data or to report any of that data to any Credit Reference Agency and as such they are in violation of the Data Protection Act 1998.

 

 

I require you to remove the inaccurate information without undue delay.

 

 

If you require more information from me as to why I believe the information to be wrong please contact me. At the moment I have a letter from Lowell stating that they do not have a copy of a valid Consumer Credit Agreement and as such they have closed the file related to my name.

 

 

I look forward to a favourable response from you.

 

 

 

 

Yours sincerely

 

 

If anyone could check this letter and let me know if it's ok I would be gratefull.

 

 

fox

I would treaten them with legal action. You now can sue for damages if they dont remove the default.

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I've edited the letter in post 153 above and if some one can advise of any changes I could make to it I'd be grateful.

 

Dear scumbuckets,

 

 

I am in receipt of you letter dated 17th December 2008, the contents are noted.

 

 

I note in your letter you state that a notice of assignment was sent to me on 01/02/07. Could you prove that the letter was sent as I never received it and to what address you sent it to? With that in mind I would like you to supply me with a copy of your complaints procedure.

 

 

According to yourselves you have the right to process data about me because of a contract to which I am party. As this is the same contract you do not have, how can you say that I agreed to my data being used. In your letter dated 08/12/08 you state that the agreement is no longer available. Therefore it is reasonable to assume that you never had the agreement and as such never had my permission to process my data.

 

 

The fourth principal of the Data Protection Act 1998 states that all data must be accurate and up to date. By your own admission, you do not have a copy of any agreement therefore, any data you process about me would be regarded as inaccurate.

 

 

Due to your not having my permission to use my data, I require you to remove and destroy all the information you hold. This request also means that you contact all Credit Reference agencies AND third party organisations that you have disclosed my personal information, and have them remove said data..

 

 

The marking of my credit record as “satisfied” in my opinion not good enough. I want the data removed as it will affect my chances of obtaining a suitable bank account for the next six years.

 

 

Unless you can show me exemptions to your using my data, I expect you to comply with my wishes. If you fail to do so I will make a complaint to the Information commissioner and consult a legal professional(well, the CAG:)) with the view of obtaining a court order forcing you to do so.

 

 

If you do not understand the ramifications of this, I suggest you pass this letter to someone with a little more mental acuity(:grin:) than yourselves.

 

 

 

 

Yours Faithfully

 

 

fox

 

 

PS Happy Christmas

 

 

----------------------------------------------------

 

I'm planning to stick it in the post tomorrow.

 

 

fox

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:Dbump:D

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Morning all,

Is there any chance of someone with knowledge of default removal having a peek at this for me.

 

Fish out of water is the thought that comes to me

 

fox

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Afternoon peeps,

After a bit of editing, this is the letter I sent to lowlifes. They got it on Christmas Eve. Wonder what will come of it (probably nothing)

 

Dear Sir/Madam

 

 

I am in receipt of you letter dated 17th December 2008, the contents are noted.

 

 

I note in your letter you state that a notice of assignment was sent to me on 01/02/07. I can categorically state that I have never received a notice of assignment letter from yourselves or Capital One AND I have never received a default notice from Capital One.

With that in mind I would like you to provide proof that you sent a notice of assignment, the method of postage and when it was delivered.

 

 

According to yourselves you have the right to process data about me because of a contract to which I am party. As this is the same contract you do not have, how can you say that I agreed to my data being used. In your letter dated 08/12/08 you state that the agreement is no longer available. Therefore it is reasonable to assume that you never had the agreement and as such never had my permission to process my data.

 

 

The fourth principal of the Data Protection Act 1998 states that all data must be accurate and up to date. By your own admission, you do not have a copy of any agreement therefore, any data you process about me would be regarded as inaccurate.

 

 

Due to your not having my permission to use my data, I require you to remove and destroy all the information you hold. This request also means that you contact all Credit Reference agencies AND third party organisations that you have disclosed my personal information, and have them remove said data..

 

 

The marking of my credit record as “satisfied” in my opinion not good enough. I want the data removed as it will affect my chances of obtaining a suitable bank account, changing my telephone supplier and getting credit until at least May 2010.

 

 

It is reasonable for me to expect you to respond with your intentions within one calendar month so if I receive either no response or a negative response I will pass my complaint on to the Information Commissioners office. Please could you also supply me with a copy of your complaints procedure.

If you do not understand the ramifications of this, I suggest you pass this letter to someone with legal expertise.

--------------------------------------

 

Any comments would be welcome. What are my chances?

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Afternoon peeps,

After a bit of editing, this is the letter I sent to lowlifes. They got it on Christmas Eve. Wonder what will come of it (probably nothing)

 

Dear Sir/Madam

 

 

I am in receipt of you letter dated 17th December 2008, the contents are noted.

 

 

I note in your letter you state that a notice of assignment was sent to me on 01/02/07. I can categorically state that I have never received a notice of assignment letter from yourselves or Capital One AND I have never received a default notice from Capital One.

With that in mind I would like you to provide proof that you sent a notice of assignment, the method of postage and when it was delivered.

 

 

According to yourselves you have the right to process data about me because of a contract to which I am party. As this is the same contract you do not have, how can you say that I agreed to my data being used.I would be inclined to say that ''As you have been unable to produce any written permission from me allowing you to use my data can you please explain to me what legal authority you have for breaching my rights under the Data Protection Act. In your letter dated 08/12/08 you state that the agreement is no longer available. Therefore it is reasonable to assume that you never had the agreement and as such never had my permission to process my data.

 

 

The fourth principal of the Data Protection Act 1998 states that all data must be accurate and up to date. By your own admission, you do not have a copy of any agreement therefore, any data you process about me would be regarded as inaccurate.and unlawfully used

 

 

Due to your not having my writtenpermission to useprocess my data, I require demand you to remove and destroy all the information you illegally hold. This request also means that you contact all Credit Reference agencies AND third party organisations that you have disclosed my personal information, and have them remove said data..

 

 

The marking of my credit record as “satisfied” in my opinion not good enough. I want the data removed as it will affect my chances of obtaining a suitable bank account, changing my telephone supplier and getting credit until at least May 2010.

 

 

It is reasonable for me to expect you to respond with your intentions within one calendar month 14 DAYSso if I receive either no response or a negative response I will pass my complaint on to the Information Commissioners office and the Data Protection Registrar as well as instituting proceedings for damages against the Lowell Group and its directors.. Please could you also supply me with a copy of your complaints procedure.

If you do not understand the ramifications of this, I suggest you pass this letter to someone with legal expertise.

--------------------------------------

 

Any comments would be welcome. What are my chances?

 

 

fox

Go for it

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Thanks for your input ODC but it's too late. I sent it last week:(

Still I'll use your info should I need to write again. You are so much better at these things than me.

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Oh I hope so fiftypence. if they do that for you that would be great, then we'll see how i get on. I've been very generous apparently and given them a month to comply.

 

fox

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  • 2 weeks later...

Hi to all the helpful peeps that have looked at my case.

I have yet another issue with the lowlifes.

Got this in the post today:

 

Lowells6edit.jpg

 

I've had to remove some text from the body as it identifies me but what do I do next?

The most confusing thing is that in a previous letter they said as an Agreement couldn't be found they would close the file until an agreement appeared. Well this is what they have sent purporting to be my CCA

 

CCAmeedit.jpg

 

I know it's not a valid agreement, they know it. Is that why they aren't chasing me?

My thinking is a LBA as they haven't got a legally enforcable agreement.

 

My head hurts! Any assistance appreciated

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Ask the Leeds losers for proof that the default notice was legally served on you in accordance wit S 136 of the Law of property Act. What they have sent as a response to your CCA request isnt worth the cost of the stamp they used to post it. It contains NONE of the prescribed terms so is therefore UNENFORCEABLE.

 

Thank you Lowells and goodnight.

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My thinking exactly. I'm seriously thinking of sending Crap1 an SAR now.

I know there is only 16 months to go before the default falls off my file but I think they are now stalling whilst knowing they haven't the right to be using my data.

I can't afford to take them to court but would a complaint to the Information Commissioner be of any use?

 

fox

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Thanks 42man, I'll have a good read then draft a letter to the commissioner

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Fiftypence,

glad to see you're taking an interest.

I think clownells are saying that as they have a valid agreement, they can continue processing my data. Okay, then why are they not chasing me for the debt? I think it's because they don't want to run the risk of being shown to be acting illegally.

The "agreement" above is no such thing. It's an application form and just because it has my signature on it does nothing as the agreement(sorry-application) is unenforcable.

I'm just reading some other threads supplied by 42man to see where I go from here.

i'm not sure whether to send lowlifes another letter stating that as the agreement is an application form, they have nothing to work with or just go straight to the commissioner.

Experian have put a notice of dispute against my entry but that will disappear, i'm sure.

 

fox

Edited by silverfox1961
keys keep moving

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