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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Anatomy of a Default Notice


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Subbing to this thread as I have not received any responses really under CAP1 section and I really need some advice please.

 

I am seeking advice on Default Notices, this is my second in two days and whilst I have been reading and reading threads on Dn's I would appreciate some guidance and advice regarding this one from Cap1.

 

Brief history - sent CCA request, received letter back saying they can't action without a signaturelink3.gif, I wrote back saying I'm not obliged to provide one please carry out CCA request as required, they wrote back to say it would take them sometime to deal with my enquiry and would be in touch if they hadn't managed to oblige within 4 weeks :shock: I wrote back after the 12 + 2 days from second CCA request with Account in Dispute Letter. They received this on 13 July, I have POD from RM.

 

Today I receive the following;

http://i892.photobucket.com/albums/a...ltlet001-1.jpg

 

I am in a dmplink3.gif with payplan, early stages, but have not received any notification of a Long Term Payment Plan with CAP1, from either CAP1 or PP.

 

 

http://i892.photobucket.com/albums/a...tnotice003.jpg

 

My questions are;

1) Is there a letter template to reject a DN issued whilst account in Dispute?

2) Irrespective of whether the DN should have been issued does it meet the prescribed requirements?

3) Anyone else received this format from CAP1?

4) What should I do now:confused::confused:

 

Thank you

 

FF

Edited by fossilfinder
wrong link to DN new one entered in post below.
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Well, well that’s what they look like!. Crap One said they have send us similar one, which I doubt but they did enter Defaults on our credit files.

 

Expert advice is needed but there is some serious breeches here. They basically states that you shouldn’t go into a Debt Management Program!! Isn’t that against the law!!

 

It is any way invalid:

No date, it gives 28 days!

There is also not a date of issue on the DN itself!

 

The remedy: Cancel your DMP or we will ask the whole amount, sell it to a DCA, etc.!!

 

I think they are in some serious breeches here!!!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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FF

 

You have to remove the barcode! They can read it and pull up your file!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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A date specified must be a specified date within the notice itself...not ''from 28 days from the date on the letter''...also a copy of the current default information must be supplied with the DN in accordance vwith s86A

Edited by means2anend
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A date specified must be a specified date within the notice itself...not ''from 28 days from the date on the letter''

 

The DN is a document on its own and must state the date when issued, they cannot use the data on the accompany letter.

 

They do print these in bulk from templates and do not keep a copy, if you "loose" the first page, what is the date then anyway?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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FF here is the link that will explain the ''anatomy of a default notice''...

meanwhile I'll refresh my memory and go through it with you by applying it to crap1's actual frankenstein creation.

 

http://uk.wrs.yahoo.com/_ylt=A1f4cfkeA0dMGEwBldxLBQx.;_ylu=X3oDMTE0NGZvc29oBHNlYwNzcgRwb3MDMQRjb2xvA2lyZAR2dGlkA1VLQzAwMl8xMw--/SIG=15an6ft4u/EXP=1279808670/**http%3a//www.johnpughschambers.co.uk/Consumer%2520Credit%2520(Enforcement,%2520Default%2520and%2520Termination%2520Notices)%2520Regulations%25201983.pdf

 

rgds

m2ae

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READ THIS BEFORE YOU READ SCHEDULE 2...this is on Page 1 ...Section 2(2)

 

I put it here for convenience;

SECTION 2

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

In the link above look specifically to Page 4 and Schedule 2 paragraphs 1-3,6 and 8 of SCHEDULE 2...and check out statements in as mentioned in © in that same Schedule...

 

The required information in your Crap1 is dictated by that Schedule...

 

I think you should try reading it first then look at your DN...any questions THEN post we'll get back to you..in meantime it's a while since I read it so it'll give me time too to absorb refresh and answer any questions you may have...One interesting point to note is that they call your notice not a DEFAULT NOTICE but NOTICE OF DEFAULT...in law these 2 creatures are entirely different and have differing purposes....the reqwuirement above in (a) is that it shall be stated as a default notice

 

rgds

 

m2ae

Edited by means2anend
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In paragraph 3 to Schedule 2 it explicitly states

 

3 A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid

 

rgds

 

m2ae

user_online.gifreputation.gif report.gif progress.gifedit.gif

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Many thanks for your comments,

 

LPT I have now removed the barcode, will post DN back up in aminute, it keeps linking to the old version with barcode!!

 

Thank you for your comments.

 

m2ae - thank you also for your advise and links, I appreciate it. I will go and read through the schedule again, I have to admit to getting a little confused with the way these things are written, however there do seem to be a number of glaring errors with their 'Notice to Default' as you correctly pointed out!

 

I could always refer to section 16 of my Credit Agreement as this is what they say I have breached - Oh No Hang on - They haven't sent me a CA :rolleyes:!

 

Thanks, I will wait and see what happens next.

 

LTP how are you getting on since they logged Defaults against you?

 

Regrds

 

FF

Edited by fossilfinder
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FF

 

It also appears as though this mandatory statement is missing at the appropriate place

 

This statement shall follow the specification under paragraph 3© or (d) of any action required to be taken.

 

''Consequences of failure to comply with default notice''

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Ok, have deleted duplicate file and replaced with new on

 

DN they sent me in case anyone else wanted to comment or see what one looks like, if like LPT, you have been told by CAP1 that they sent you one but it never materilaised;)

 

http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultnotice004.jpg

 

I am off to disect the information you sent m2ae,

 

FF

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Ok, have deleted duplicate file and replaced with new on

 

DN they sent me in case anyone else wanted to comment or see what one looks like, if like LPT, you have been told by CAP1 that they sent you one but it never materilaised;)

 

http://i892.photobucket.com/albums/ac128/fossilfinder/capdefaultnotice004.jpg

 

I am off to disect the information you sent m2ae,

 

FF

 

 

FF..no I meant that I HAVE deleted my post because i had duplicated it..I did not ask you to duplicate anything...getting a bit like benny hill:)

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Can I just point out that the date issue has been gone over time and again, and I think it's highly unlikely that a judge will not just ignore the fact that it says 28 days instead of giving a date.

 

I know the Act specifies 'date' etc, and I know that to the letter of the Act it should be invalid if there is not a date, but can you honestly see yourself trying to argue that 28 days is not enough time to remedy, date or no date? All a judge will see is that the notice gave 14 days and then some, as required. How are you going to argue that it did not give enough time when you have an extra two weeks?

 

Granted this is not right and it could be abused in all manner of ways, which is precisely why the Act states a date and not just a number of days. I would lay odds on this not being an issue to them though.

 

The fact there isn't a date on the notice is possibly a little more problematic for them as it's right that there should be one there on the notice itself. Again though I doubt this would on its own be enough to cause them consternation as they'd just get x employee to swear they are all sent with a covering letter bearing the date. In addition to that they will likely have records of when it was sent on their files, and as we all know it's deemed served after x days (depending on what class post was used) in the ordinary course of the post.

 

Cap1's notices are decidedly dodgy (I have one myself), but they are unfortunately not as clear cut as 'they haven't put a date so they're screwed'.

 

If there are other issues I've not seen them as the link just seems to go to Photobucket's front page.

Time flies like an arrow...

Fruit flies like a banana.

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Hi Lexis200,

 

Thanks for your comments, I agree with you point about enough time, I'm just trying to wise up re DN. Even if they gave me a 100 days I wouldn't be able to remedy the situation! My inital question was Cap1 sent this after I issued the Account in Dispute letter as they hadn't complied with my CCA request.

 

Any pointers as what to do next?

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Hi Lexis200,

 

Thanks for your comments, I agree with you point about enough time, I'm just trying to wise up re DN. Even if they gave me a 100 days I wouldn't be able to remedy the situation!Snap:) My inital question was Cap1 sent this after I issued the Account in Dispute letter as they hadn't complied with my CCA request. Sounds about right:rolleyes: They don't pay a blind bit of notice to accounts being in dispute - they just claim they're not! They also won't agree that a DN amounts to enforcement so they nullify that argument very quickly (from their point of view anyway).

 

Any pointers as what to do next?

 

All I can say is that my own personal experience is that I have got precisely nowhere with the complaints I've sent about this exact matter. Have you tried the FOS, and the OFT (considering it's their guidelines that they are breaching)? It's a long(ish) shot but they may be helpful...

 

It's always but always worth plugging away, if for no other reason than to make yourself look utterly reasonable in your actions whilst they have been utter tools.

 

As I'm not willing to go to court (that's really not somewhere I want to be), I've just kind of ignored them for a while now. They sent Fredricksons after me in January this year and I wrote and told them to burger off. I got a reply yesterday regarding my 'recent' letter and asking me to contact them by phone. Silly billies:)

Time flies like an arrow...

Fruit flies like a banana.

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Many thanks for your comments,

 

LPT I have now removed the barcode, will post DN back up in aminute, it keeps linking to the old version with barcode!!

 

LTP how are you getting on since they logged Defaults against you?

 

Regrds

 

FF

 

The one with the bar code is gone.

 

We have 2 defaults, one on my name and the other in my wives name.

 

I did complain to them a while ago (before I learned something about it, it was actually that default that made me to search for defaults and I ended up here) about mine and will post their daft response tomorrow.

 

In my wives case I made a SAR and I must now decide whether to take Sven Lagerberg to court or to complain to the ICO because he didn't comply and the 40 days are over. He said he need a signature, I said it is not needed, then I send him the 7 days before action letter in the beginning of last week. He didn't respond to either.

 

I am glad to see the actual default notice because I didn't know what it contains. Now I know. My current strategy is to get the information regarding the SAR to see what I can do. I did send the Unlawful Rescission letter for closing the account without a valid default notice.

 

I want to attack them on this basis (the invalid DN is just a bonus, I believe it is clear that they SHOULD NOT file a Default under these conditions):

The important part here is also the ICO guidance regarding filing defaults with credit reference agencies:

17 Variations in payment schedules – Keeping the record up to date

Lenders should not file a default where there is a genuine and agreed variation in the payment schedule. (The only exception to this is where a debt management programme is put in place where the level is of payment represents only a token sum which is only accepted by the lender because the customer cannot afford to pay more. The reporting of debt management plans is discussed at paragraphs 22-26). …….

 

23 Moderate to high levels of repayment

If the payment set out in the DMP is at a level that a lender considers at least adequate, the agreement should be marked as included in a DMP. A lender may be willing to reschedule the agreement at a later stage at which point the record should be changed to reflect the agreed scheduling.

 

25 Where a customer does not make the repayment agreed under the DMP, a default can be recorded and the DMP marker should be removed when the total value of the arrears is equivalent to three monthly payments under the original terms.

 

It stated much more info and the message is clear, they should only file defaults when there are arrears and when these arrears are at least for 3 months.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Share on other sites

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Removed the DN - needs editing!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Here is the DN.

BH-DN.pdf

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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LTP how are you getting on since they logged Defaults against you?

 

This is a response I received back in 2009 - it is crap, even from crapone.

 

I will send them another letter quoting the guidelines from the ICO. I expect another crap letter which I will use to complain to the ICO.

 

I did receive complaint forms from the fos, which I never returned because they seems to say it is a legal isue and they can do nothing about it. I think I will return it just for the reason that it will cost CrapOne between £400 and £500 for the fos just to investigate it, no matter the outcome, that for a balance of £191.00 on the card!

 

They do have these rubbish in theit t&c's, which are against the guidelines of the ICO. The ICO states very clear that should you go into a DMP and you make reasonable payments, then they should report on your credit report that you are in debt management and they should change that should to the DMP comes to an end, either you settled the account or resume original payments - not to default you.

 

THIS IS A DIFFERENT ISSUE:

Their t&c's breaking ICO guidelines. They punish you for 6 years for going into debt management.

 

Other organisations (which I had dealings with) didn't issue defaults, they adhere to ICO guidelines, what make CrapOne think they are special?

 

Anyway, my ICO complaint for their data controller who failed my SAR is going off today!

CrapOne.pdf

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Share on other sites

This is a response I received back in 2009 - it is crap, even from crapone.

 

I will send them another letter quoting the guidelines from the ICO. I expect another crap letter which I will use to complain to the ICO.

 

I did receive complaint forms from the fos, which I never returned because they seems to say it is a legal isue and they can do nothing about it. I think I will return it just for the reason that it will cost CrapOne between £400 and £500 for the fos just to investigate it, no matter the outcome, that for a balance of £191.00 on the card!

 

They do have these rubbish in theit t&c's, which are against the guidelines of the ICO. The ICO states very clear that should you go into a DMP and you make reasonable payments, then they should report on your credit report that you are in debt management and they should change that should to the DMP comes to an end, either you settled the account or resume original payments - not to default you.

 

THIS IS A DIFFERENT ISSUE:

Their t&c's breaking ICO guidelines. They punish you for 6 years for going into debt management.

 

Other organisations (which I had dealings with) didn't issue defaults, they adhere to ICO guidelines, what make CrapOne think they are special?

 

Anyway, my ICO complaint for their data controller who failed my SAR is going off today!

 

That is very interesting LTP...

 

When I had to go onto a payment plan I was told by a good proportion of my creditors that I needed to be served a DN before they would consider it, or as soon as I started it. Obviously the ones before were very dodgy as I'd kept payments up until I started plans (ie no missed payments, no arrears), but I though the ones after the plan was started would have been ok as I wasn't making the minimum contractual payments (ignoring for a minute the lack of agreements with most:)).

 

Any chance you could point me to where the ICO states this please so that I can have a look?

 

Thanks:)

Time flies like an arrow...

Fruit flies like a banana.

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