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    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
    • Hi she did say she was cancelling and returned the equipment. It looks like they put her on a rolling contract for 24 months when she phoned before trying to reduce her payments as they kept going up. I know Sky haven't done that to me. She didn't see that email as she's had lots of stressful situations. No.letter in post or when she originally phoned about reducing her bill well over £100 they didn't tell her about this contract. Like you say there should be recordings. BT mobile contract is separate to broadband and the cancellation fee is for the broadband. They have blocked her mobile so she can't use it and that is a contract. She is phoning CAB in the morning and checking through her paperwork. I'm quite happy with Sky as they tell you upfront what is happening and have never rolled over my contract. Thanks for taking time to reply it is much appreciated. 
    • I've sent an email to a press contact And one to a journalist at the BBC!
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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You have sent the letter to the DCA asking them why they are pursuing you for payment on a disputed acciunt and the bank has 40 days to reply to your SAR request. That's all you can do for now and you'll just have to wait for their replies. As for clearing your credit reports, that is not going to happen for some time and isn't going to be easy. Even if there is no agreement, the DCAs slap defaults on as a matter of course whilst the debt is still outstanding. An unenforceable agreement simply means it cannot be enforced in court - you will still owe the money.

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its been well over 40 days and ive heard nothing. is there a template anywhere for the next letter to send. how do i go about reporting them to information commissionaire etc.....i really want to get this all sorted but working full time and a newborn in the house i dont have much spare time to do my research write letters etc. im grateful for all the advice ive been given so far, but the sooner i can get this all cleared up the better.

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If they are in default of your SAR, you need to send a letter headed LETTER BEFORE ACTION giving them 7 days to comply, send them a copy of the original letter (do all this recorded delivery) If you do not hear back after 7 days, then off to court !!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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You take them to court if they don't respond in 7 days....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Anthrax alert at debt collectors caused by box of doughnuts

 

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  • 2 weeks later...

1st credit have sent me a new letter telling me they have passed details onto the "pre legal team" threatining to obtain a ccj and bankruptcy. Is the follow letter ok to send onto them?:

 

 

My address

,

09/03/2009.

 

 

1st Credit

PO Box 278,

Reigate,

RH2 7WB.

 

 

ACCOUNT IN DISPUTE

 

Your Reference: xxxxxxxxxxxxxxx

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account is still being pursed by yourselves, as it is in dispute with 1st credit and Lloyds TSB, and has been since 01/01/2009, when I sent you a letter which was signed for on 05/01/09, I enclose a copy of the letter sent and proof of signature.

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

 

 

As Lloyds TSB is now in default of my Subject access request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my subject access 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 Lloyds TSB for resolution of these defaults and breaches, as Lloyds TSB and 1st credit cannot lawfully pursue any enforcement activities.

 

If 1st credit 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.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

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Also i got a my credit file recently and 1st credit have marked a default down on my credit file (callcredit) from march 2008. I have never had any payment plan or acknowledged any debt to this company, and i have certainly never had anything default notices through the post from them. Can i get them to remove it, and again are there any letter templates i can use.

 

This is all getting me seriously down trying to find time to sort all this out with a new baby to look after.

 

once again all help appreciated

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Shouldn't the SAR be changed to CCA?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I'd change it to CCA because they are in default in supplying you with it anyway.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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  • 2 weeks later...

new letter from 1st credit.....need help please.....the letter i recieved is as follows:

 

1st credir ref: xxxxxxx

 

Thankyou for your letter of the 9th March 2009 of which the contents are noted.

 

In this instance, the account to which we refer is a bank account with overdraft; therefore is not a relevant account for the purpose of the consumer credit act. Therefore we are not obliged to provide an agreement and no statutory consequences will apply. This is based on the advise of our barrister. In this instance we did make the request to our client and they were unable to provide us with a copy of your original agreement for the bank account. We acterd in good faith in making this request to our client even though we were under no statutory obligation to do so.

Since the consumer credit act does not apply to this account, we do not accept your assertation that we have entered a default for failing to comply with it. We are also within our rights to continue requesting payment and do not consider that we are in breach of any of the OFT guidelines for debt collection.

In your letter of 9th march 2009 you have not specified upon which ground you rely for your notice under s10 of the data protection act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in schedule 2 section 2(a) of the act.

We thurther not that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise. We believe this debt is due and payable, thus the default registered will not be removed until the debt is discharged.

We offer no comment to your claim that lloyds tsb are in default regarding a subject access request, but would point out that section 127(3) has been repealed by the CCA act 2006 c.14, sch 4 para, therefore as a result, if needed we will seek an enforcement order pursuant to s127 of consumer credit act 1974. We would also draw attention to the fact that 1st credit limited are the legal owners of this debt, you were informed of this in way of a notice of assignment sent to you on 5th October 2006 and also paid our colleagues at connaught collections UK.

For your records we enclose a subject access request which clearly shows payment you have made.

We now urge you to contact these offices to discuss the repayment of the above debt.

 

Yours sincerely.

 

This account with lloyds will be all charges, i dont recall ever having an overdraught with them but it was a long time ago. the money paid to connought was paid through bullying and threats of bankruptcy which would stop me from being able to do my job. i asked connought what the debt was continually and when they never bothered to furnish me with any details i stopped paying. also i have never had a default notice from first credit although there is a default on my credit file from them and i have never had a notice of assignment....Also i still havent heard from lloyds tsb despite sending them the letter before action letter(non compliance). How do i take lloyds to court and how much do i claim?

 

Please help.

Edited by dirtymonkey29
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The first step is to send a SAR to the original creditor and start the charge reclaim process. (you can find a SAR in the link in my signature below) Then I think you'll need to craft a letter to 1st Credit stating that you are in the process of doing this as you believe the remainder of the debt is made up entirely of excessive penalty charges....you can state that you believe that they may owe you more than you owe them....make sure you head any letter to them as ACCOUNT IN DISPUTE and send recorded...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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As I understand it you can still put the account in dispute because of the unfair charges which have been added to it.

 

Have you received your SAR back from Lloyds yet? If not you should make a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx and the OFT.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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yeah i sent the subject access request to lloyds and they didnt respond. i have since sent the non compliance letter, and heard nothing. this is well out side the 7 extra days after the sar's 40 day period ended. I dont know charges are involved as i havent had any responce at all. what letter do i need to send 1st credit in responce to their letter. (i never sent the cca letter too lloyds as its not valid on account/overdraughts, just the sar to find out what im being charged), and whats my next step/letter for lloyds?

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