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    • As I'm off on holiday on Wednesday and won't be around I'll bring things forward and be pessimistic and decide that Iceland won't cooperate.  There are two things to ponder. The private parking companies have a lot in common for obvious reasons.  But also some differences. Excel and its sister company VCS are by far the most litigious.  They take large numbers of motorists who don't pay them to court - perhaps the majority.  That's not because they have a good case.  Indeed their case is rubbish.  It's because, sadly, enough people are terrified of the idea of going to court and just pay up when the court papers arrive.  It's a numbers game to Excel/VCS. In cases where the motorist is in it for the long haul, Caggers win 85% of the time in court against Excel/VCS (yes, I did once go back and counted all the court cases over the previous 30 months).  But Excel/VCS take the odd defeat because of the mugs who just panic and pay.  So take this into account when deciding what to do. Secondly, without boring you with the reasons, I know about the world of local journalism.  Papers have great difficulty in filling their column inches.  If you do contact the local media there is a 100% chance that they will publish something and embarrass Iceland - and maybe get them to back down. Again, have a think if this is a road you want to to go down. If you don't win by Wednesday!  
    • Followed up with letter which is no surprise as I’m easy to find via electoral roll. Letter says we have been asked to recover from you on behalf f our client in Middle East x amount. if you believe you are not liable please contact us - yeah right! If you wish to make payment here are our client bank details which look genuine and relate directly to a Dubai bank. ” if you don’t engage our client may take further action” etc blah blah blah. its the same type phrases used by CWD/IDRWW/IDR etc…..   I ignored the email, blocked the text number and will wait to see if I receive any formal action via Mail but seems like the same tactic I’ve seen for 10 years plus and I’ve ignored all. just for people’s info
    • Hi. I expect the experts will be along later to advise you. In the meantime, I've amended your thread title to show the car park name and location. HB
    • i can instruct my gof to sit, but if it does is an entirely diff matter. WL are acting here as a DCA and are not the OWNER of the debt, lowells are, so jog on WL... until very very recent we've never seen lowells raise a scottish claim Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card. - Scotland Financial Legal Issues - Consumer Action Group  
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    • We have finally managed to obtain the transcript of this case.

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i am sure you have the legal right to refuse a credit into your account. I just do not know the legislation involved though......

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi Stressed Mum,

 

Sorry to hear your tax credits have gone into the ratwest.

 

I do not know if you can claim them back. It will be down to the tax credit mob to see if they can claw the money back.

 

Do send the letter and make sure you put the correct dates in the wording.

 

I know you feel gutted with the money going in the wrong account and i really do hope you will get a refund.

 

Please keep me posted.

 

Womble

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Hi Stressed Mum,

 

Use this letter.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

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 14 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 14 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

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Hello womble thankyou for your concern really peed of at the mo not very well either so that doesnt help the guy at tax credits was great and has sent a complaint to thier H/O he admitted it was an error on there part as I gave new bank details in October but because it was from an old claim when me and hubby had seperated they paid it into an account from then (how stupid of them not to check for any changes) he said it takes about 2 weeks so will just have to wait. regarding the letter is'nt that for a cca agreement and mine was for a sar sorry if I'm wrong don't know if I'm coming or going at the moment with everything bit worried about some Northern rock loans I've heard that from April banks will be able to put charging orders on your house if your not paying do you know an

thing about this we've been sending token payments and going to try and send more end of next month with brief expenses sheet sorry not normally like this usually quite cherpy but think everything has just wore me down alittle x

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Hi Stressed Mum,

 

You are correct with the letter i posted. I assumed is for the credit agreement and not the Sar request.

 

Now i have asked a cag member advice on this topic on Sar requests.

 

There are many people who ask the same question regarding of what should i do next if the bank ignores the 40 day request.

 

I will keep you posted

 

Womble :)

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Hi Stressed Mum,

 

Hope you are having a better day.

 

Now i have had the feedback regarding the lack of the Sar response.

 

Send this and good luck.

 

Dear Sirs/Madam

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

1) You have failed to provide a complete list of transactions and charges.

 

2) You have provided no copy documents relating to any correspondence between myself and your company

 

3) You have provided no notes, or documents relating to instances of manual intervention.

 

4) You have provided no copies of default notices or agreements

 

I enclose a copy of the previous request that was made, which was signed on delivery to your company on (date)

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply, no further notice will be given before legal proceedings will be commenced

 

Yours faithfully,

forumbox_top_left.gifforumbox_top_tile.gifforumbox_bottom_right.gif

Hope this helps and send recorded.

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Hello

Sorry to post here, but please also look at my thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/185646-subject-access-request.html

 

I have sent LBA, broadly as womble suggested, but still no repsonse, deadline for 40 days and 7 days well past.

What is the next best step?

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Hi Tedney,

 

Here is a link with what happens if they do not comply with your request and it will mean you taking them to court.

 

The next stage is issuing the court papers... - Havinastella V Lloyds TSB

 

I know nothing about the procedure but have a read on the above link and it looks like you will need a N1 form.

 

Hope this helps.

 

Womble

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Hey stressed,

 

Womble's advice is brilliant, so on top of everything else, try and keep positive. At least you're trying to sort things out, Tax Credit peeps might get that money back for you... and if you can send out Womble's letter it may make you feel a little better.

 

BIG hugs from me, x:)x

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Thanks Guy's you are such a big help Womble sorry did'nt reply but feeling bit better today the addy I sent it to was

Customer service Response unit

The Cornerstone

60 South Gyle Cresent

Edinburgh

my first 2 reply's were from Edinburgh

Then my 3rd letter stating they have been able to find anything (policy) was from Trinity Quay, Bristol

x

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The Ratwest seem to have a lot of offices planted in the Uk.

 

My Sar request was sent to the following address

 

Credit Management services

Kendal Court

Ironmasters Way

Telford

TF3 4DT

 

They gave me all the information from the above address. It would be easier if there was one address which everbody could bombard them with Sar requests.

 

Hope you are well and keep your chin up.

 

Womble:)

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Hi Stressed Mum,

 

Sorry i should have been clearer with the last post (i was rushing at work)

 

Try sending the Sar to the following address and edit the date.

 

Credit Management services

Kendal Court

Ironmasters Way

Telford

TF3 4DT

 

You may of sent it to the wrong address ? Hence why there is no record of your account details.

 

Womble:)

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  • 2 weeks later...

Thanks Womble I have a had a lovely Easter Hubby has had 2 weeks off Holidays not heard a dicky bird yet all quiet will let you know soon as something lands on my mat!!!

 

Hope your and your family have had a nice time to be hopnest getting sick off the sight of chocolate never thought I'd say that!!!

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  • 2 weeks later...

Some chappy from Credit Management services has just phoned me to say there was a problem with my signature as they did'nt have it on file !!could I give them my date of birth Yea right!! did'nt do so he's now sending it to my nearest branch how ridiculous!!!

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Is this the Sar request?

 

You can collect from your local branch but if they are happy to send termination letters to your home address why cant they send your statements.

 

Will they let you know when you can collect your statements from the bank.

 

Just take a passport or driving licence and i would not sign any paperwork.

 

The Ratwest are a joke. If they have no record of any signatures then in my view should not even go for court action for any of this.

 

Womble:)

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Yes Womble it is for SAR they are sending it to my local branch but never said if they would let me know by letter or anything.

Don't worry won't sign anything or let them photocopy anything either the guy said they dont hold signatures anymore and definatley did'nt have anything off mine to cross reference with!!! Will keep you posted happy holidays x

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