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AzziDePazzi

Outlining future compensation for DPA breaches. Tell me what you think...

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THIS IS NOT ADVICE! In fact, I COULD DO WITH ADVICE :)

 

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I have a disputed account with iQor who handed over to Wescot. I sent their pseudo-solicitors a nice but firm letter suggesting that they weren't allowed to do this.

 

I received this back from Wescot (not the Solicitors):

 

Dear AzziDePazzi,

 

A/C:XXXXXXXXXXX

 

Thank you for your recent correspondence regarding the above account.

 

We acknowledge the contents of your letter, however, to enable ourselves to investigate your query further we request that you provide full details of your dispute in writing in order that we can liaise with our client.

 

We look forward to receiving the above by return, along with payment to cover part of your balance which is not in dispute. [[[[ riiiiiiiiiiiiiiight. ]]]]

 

Yours sincerely,

 

A.N. Idiot

 

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I figured this would be a good place to try something out.

 

I'm sending this out to Wescot last post, so if there are any suggestions, let me know but it's pretty much how it will be:

 

 

Re: XXXXXXXXX

 

Dear Sir/Madam

 

In response to your letter dated 09/07/2009.

 

Your letter confuses me.

 

Please find attached a copy of my letter dated 2nd July 2009 to your solicitors, for your ease of reference. [[[[instructing them to hand back to iQor + s.10 DPA information removal]]]]

 

As you can no-doubt see, your query lies with iQor. Therefore, I cannot 'enable you to investigate further'. If you feel I am in error, then please state the legislation upon which your claim stands providing detailed reasoning as to why you are entitled to demand payment on disputed accounts.

 

Again, I respectfully suggest that this account is returned to iQor for resolution of these defaults and breaches as WCS Ltd. cannot lawfully pursue any enforcement activities.

 

Please note, your actions to uphold your statutory notice under s. 10 of the Data Protection Act (issued to your representative solicitors in my previous correspondence) to cease processing any data in relation to this alleged account is still in effect as of 18/07/09. Should you refuse to comply, you must within 21 days of effective date, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state you or your client have a 'legal right' without outlining your reasoning in this matter, stating the specific legislation that your reasoning depends on.

 

ANY CORRESPONDENCE FROM YOU, NOT PROVIDING A DETAILED BREAKDOWN OF YOUR REASONING BEHIND CONTINUING TO PROCESS MY DATA, DATED AFTER 18/07/09, WILL BE CLEAR EVIDENCE OF AN UNLAWFUL BREACH OF YOUR STATUTORY NOTICE TO REMOVE MY DATA.

 

FURTHERMORE, SHOULD I RECEIVE ANY CONTACT FROM YOU THEREAFTER, COMPENSATION OF £500 WILL BE CHARGED TO WESCOT CREDIT SERVICES LTD. IN EACH INSTANCE TO COMPENSATE MY WASTED TIME, WASTED MENTAL ENERGY, CLARIFICATION OF REGULATIONS OR FACTS OR LOGIC, COSTS TOWARDS LEGAL ADVICE, ADMINISTRATION OF RETURN LETTERS AND COMPLAINT LETTERS TO RELEVANT GOVERNING BODIES.

 

PLEASE NOTE, I WILL CONSIDER ANY COMMUNICATIONS RECEIVED FROM WESCOT CREDIT SERVICES, NOT MEETING THE OUTLINED CRITERIA UNDER SCTION 10 OF THE DATA PROTECTION ACT, A TACIT AGREEMENT TO THE ABOVE COMPENSATORY CHARGE.

 

THE ABOVE COMPENSATION CHARGE DOES NOT WAIVE ANY OF MY RIGHTS AND IS WITHOUT PREJUDICE.

 

I believe this to be a fair charge but will be happy to reduce it upon proof of claim that time, mental energy, clarification of regulations, clarification of facts and clarification of logic have an intrinsic value that can instead be used as a guideline.

 

Yours faithfully,

 

 

AzziDePazzi

 

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I've done a couple of things here:

 

1) Be careful that it is 'compensation' for something, not 'fees' as they lend themselves to registered companies, which I am not. (Well, ACTUALLY, we all ARE... but for the purposes of this, we're not) :p

 

2) I have made it a offer by way of tacit agreement. They can ignore me at a cost. It's fair, because they can rebut my charge but upon proof of claim that part of what I am claiming for for has a known value.

 

3) Leaving them with the burden of proof. I have nothing to give them other than questions (prove what you are claiming) and offer to remedy (eg. go to original DCA).

 

4) Dispute from their side means anything other than continuing along their rights under the Data Protection Act. They can rebut the charge, there is no time limit on that - it would however need to be a substantiated claim AND accompanied with the relevant DPA information (which is the primary condition).

 

Let me know what you think. =)

 

This is more of a deterrent but I will have no hesitations in attempting to enforce any monies owed, if anyone has advice on the best way to create a private bill/invoice?

 

I'd be interested to know if I should make this some kind of notice? Or even if I'm just being plain stupid? :p

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