Knocked back by a DCA on a Sec 10 notice?

[harrassed senior]

Still waiting from mine from Lowells.

 

I have just quickly read through both, but what they are not grasping STILL is they have no rights at all if they cannot produced an enforceable Agreement! I will read again, but they have still not really answered all of the points raised, but whatever their take on what was sent their actions are and have been illegal without the signature on the Agreement!

[babybear39]

Write back asking which bit of 'YOU HAVEN'T PRODUCED A COPY OF A PROPERLY EXECUTED CREDIT AGREEMENT THEREFORE HAVE NO RIGHT TO PROCESS MY DATA DO YOU NOT UNDERSTAND'

[cashins]

I have just quickly read through both, but what they are not grasping STILL is they have no rights at all if they cannot produced an enforceable Agreement!

 

They are fully aware of that fact but as usual for them they are trying to bullsh*it you into thinking they have.

 

David

[nicklea]

What they have said is that there IS a signed agreement in existence and that they will send you a copy of it as soon as they can.

 

They CAN continue to process your data until you go to court and succesfully get them to stop.

 

Unless you follow up the sanction that you mentioned in the s10 dpa notice that you sent them then they will continue to process your data.

[the_shadow]

What they have said is that there IS a signed agreement in existence and that they will send you a copy of it as soon as they can.

 

They CAN continue to process your data until you go to court and succesfully get them to stop.

 

Unless you follow up the sanction that you mentioned in the s10 dpa notice that you sent them then they will continue to process your data.

 

Spot on there, its a case of brinkmanship now, they know the 6 years bad credit reporting hurts people and they will punish anyone who challenges the agreements with reporting until forced to withdraw or the 6 years runs out.

 

S.

[harrassed senior]

Being lazy and not wanting to search about, what is the sanction in S.10 that needs following up please?

[nicklea]

The letter would have included (or SHOULD have included) something along the lines of:-

 

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act 1998 that you be ordered to comply with this notice.

 

It is then up to you to make an application to the court that they comply with your notice

[harrassed senior]

Many thanks for that info.

[andymanx]

Still waiting from mine from Lowells.

 

I have just quickly read through both, but what they are not grasping STILL is they have no rights at all if they cannot produced an enforceable Agreement! I will read again, but they have still not really answered all of the points raised, but whatever their take on what was sent their actions are and have been illegal without the signature on the Agreement!

I havnt heard from Lowell's yet either.

[volvo]

subbing

 

VOLVO

[citizenB]

Looks interesting.

 

Andymax, what do you plan on doing next ?

[andymanx]

Looks interesting.

 

Andymax, what do you plan on doing next ?

I dont know. Any suggestions?

 

I have also had a letter from Low-ells and they found the Credit Agreement! Will upload it shortly.

[citizenB]

I dont know. Any suggestions?

 

I have also had a letter from Low-ells and they found the Credit Agreement! Will upload it shortly.

 

Sorry, I really dont know. I was just interested. Look forward to seeing the "agreement"

[andymanx]

Low-ells reply is below. Previous replies can be seen @ http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186405-cca-request-lowell-3.html#post2126755

 

Edited April 24, 2009 by andymanx

[citizenB]

Sorry andy, your image is a bit small, can you enlarge a bit please:)

[andymanx]

Sorry andy, your image is a bit small, can you enlarge a bit please:)

Done.

[vjohn82]

Could be a lack of prescribed terms on that document there...

[clemma]

Thats if the 2 documents are even connected. They would have to be front and back to make it enforceable. There is nothing on the first page to say T&C's overleaf......It does state "please read Use of Information overleaf (sec 23)". There is NO section 23 on the second page

 

As for the ignoring of the s10 request - here's hoping Toulouse has something up his sleeve

[beachcomber60]

This is very interesting, all the other capone threads on the forum the general opinion is that this type of Capone 'agreement' is unenforceable.

 

Have a look around, we've all got the same.

 

Have you not disputed this agreement?

[clemma]

Dispute letter posted on your other thread andy http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186405-cca-request-lowell.html

[andymanx]

Thanks peeps. ;-)

[Toulose LeDebt]

Quelle surprise!!

 

None of the documentation requested under CPR 31.14 has been supplied.

 

Dear DCa.

 

Thank you for your letter dated **/**/**** in which you respond to my request under CPR 31.14, a copy of this request is attached for your convenience.

Unfortunately your response falls some way short of fulfilling this request made under Civil Procedure Rules, again for your convenience I shall explain your shortcoming in order that you may speedily rectify the situation.

In my CPR request I made it abundantly clear that I required from you the following information in order that I might make informed judgment as to whether it would be in my interests to seek enforcement of my Section 10 DPA notice through the Courts.

 

 

a) A true copy of any contract entered into between myself **** Your name **** and ***** DCA *****, such document to bear the signatures of both parties.

or.

b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents:

(i) A sworn statement that such document does not exist.

or:

(ii) A true copy of any document of novation between the three parties namely myself **** your name ****,and ***** OC *****, and ***** DCA *****, such document to be bearing the signature of all parties to the original contract and the novation thereof.

or.

c) A true and signed copy of any contract agreement entered into at any time between myself **** your name ****, **** OC **** such agreement to be bearing the name of your company ***** DCA **** explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract.

and

d) A true copy of the deed or document of assignment of the account in question. Such document to have been executed in accordance with Sec 136 Law of Property Act 1925.

e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Sec 196 of the Law of Property Act 1925.

f) A copy of any contract of sale between **** OC **** and **** DCA *****. I permit this document to be reducted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety.

g) Proof of purchase of this account from ***** OC ***** such proof to be dated.

h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced.

 

I note that you have failed to supply any of the documentation requested and instead have simply issued me a template letter re-iterating that you feel you have 'the right' to process my data.

This is of course unnacceptable to me I specifically requested the above documenation in order that I may make an educated decision myself as to whether you have 'the right' to process my data, for you to simply state this without supplying any proof of your claim whatsoever displays a gross failure to comprehend the gravity and implications of my lawful CPR 31.14 request.

 

I now have little option but to seek this documentation from *****OC***** as your failure in this matter simply underlines to me exactly how tenuous your claims are and it appears to me that you do not hold sufficient claim to this account to defend a Court claim in your own right so my next logical step is to ascertain whether *****OC***** should be named as co-defendant in any enforcement action.

My request was made in order that I might judge the likelihood of success of any enforcement action I might instigate amongst yourselves and I have to be honest with you and state that your failure to provide one single piece of the documentation requested leads me to suspect that you either do not hold this documentation or that such documentation does not exist. I am however a reasonable person and still think this matter can be resolved without my taking you to Court so I am prepared to grant you a 14 day extension to the original period of notice given you to fulfill the CPR 31.14 request in order that you might re-assess your response to meet the requirements of my lawful request.

This does of course mean that I shall be expecting to receive from yourselves a copy of all the documentation itemised in the original CPR 31.14 request, please do not waste your time and mine by writing and telling me you 'have the right' without supplying the neccesary proof as requested.

 

This is my final warning to yourselves in this matter and failure to comply with the CPR 31.14 request at this stage could have some very serious consequences for yourselves including but not restricted to the following:

 

I may seek enforcement of my Sec 10 DPA 1998 notice through the Court without further notice.

Your breach of pre-action protocols might result in any or all of the documentation requested under CPR 31.14 being held inadmissible in Court in the event of litigation.

Your breach of pre-action protocols might result in a costs order being made against yourselves regardless of the outcome of any litigation.

 

I trust this underlines how potentially serious a matter your breach of CPR is and that you will make some effort to comply in the time you have left.

[clemma]

Fantastic TLD

[spartathisis]

Lowells arent very bright are they? I always thought peanuts and bananas improved your brainpower, obviously not;)

[babybear39]

Report them to TS and the OFT for breaching OFT guidlines by suggesting in their letter you can pay by credit card.