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    • Have you suffered any loss from fraud?
    • Hi   I recieved the following email a few days back I sent a complaint but had no response or acknowledgement        Dear Me Unfortunately, I am writing to you to let you know that earlier this week we discovered that DivideBuy and its customers (including you) have been the victims of a cyber incident, which involved some of your personal data being accessed. I wanted to write to you as soon as I could, to let you know what we have discovered so far, and how we are going to protect you against any consequences of this attack. Details of the Data Breach In the last few days, since becoming aware of the incident, we have been working hard, together with external specialists, to make sure that all data is secure and that an attack of this kind cannot happen again. We have also established that within the information that was accessed it may be possible to identify: Name Date of Birth Address Telephone Number Email address Associated Alias Although some credit report information was also contained within the material that was accessed, this was not stored in a readable format and so is not likely to be able to be used by the person or persons who accessed it. Please be advised that the data compromised in the incident did not contain any bank account or credit card information.   Further Steps My primary concern, and the concern of everyone at DivideBuy, is to make sure that as far as possible you are protected from any worry or other adverse consequences as a result of this incident. In conjunction with TransUnion International UK Limited (“TransUnion”), one of the UK’s leading consumer credit reference agencies, we have therefore arranged a 12 Month subscription to TrueIdentity, an online monitoring service, at no cost to you. This credit monitoring service will notify you by email of critical changes to your TransUnion Credit Report.  Should you receive an email alert, you can review and validate the reported change by logging into the TrueIdentity portal. This allows you to identify any potentially fraudulent activity on your TransUnion Credit Report.   How to access TrueIdentity To take advantage of this service and help protect your identity, please visit:  https://trueidentityassist.creditview.co.uk And enter the following Secure Access code below before 30th March 2021: DVB1346 Upon successful completion of the registration process, you will have access to the following features: Unlimited online access to the TransUnion Credit report. Unlimited online access to the TransUnion Credit Score, with score factors analysis. TransUnion credit monitoring alerts with email notifications to key changes on a consumer’s credit file. Unlimited access to online educational resources concerning credit management, fraud victim assistance and identity theft prevention.   What should I do if I believe I am a Victim of Fraud? If you believe you are a victim of fraud, check your credit report and dispute activity via your TransUnion Credit Report that you do not recognise. TransUnion will then contact the Lender who has provided the data to make them aware that the data is possibly fraudulent. The Lender will then perform a fraud investigation and remove any data if they find evidence that fraud has occurred. You may wish to add password to your credit file as an extra level of security, so any lenders performing a credit search will need to request the password from you so they can proceed with the application. You can do this by adding a Notice of Correction (NOC), for free, to your credit file. You can do that by emailing [email protected] with the wording you would like to apply and include your full name, address, and date of birth.  Please bear in mind that Notice of Correction data is not shared across the credit reference agencies. You can also request a Notice of Correction to be raised with the other credit agencies too, please see their contact information below:    Experian Ltd: https://www.experian.co.uk/consumer/guides/notice-of-correction.html Equifax: https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/What-is-a-Notice-of-Correction1   You may also wish to contact Cifas, the UK’s fraud prevention service. They will be able to apply a Protective Registration warning on your credit file, for an administration fee.  To inform Lenders that you think your data could be at further risk of fraudulent access, so they can make additional checks to protect you moving forward.   The Protective Registration flag can be applied to your file with immediate effect by telephoning 0330 100 0180 (and must then be confirmed in writing).  You can also apply online at www.cifas.org.uk/pr_for_individuals. I, together with all of my colleagues at DivideBuy, truly regret any inconvenience this may have caused you, but we are working hard to put this right and to make sure that it cannot happen again.     Rob Flowers Chief Executive Officer   You are receiving this important information email because some of your data was on our database at the time of the data breach. You have NOT been added to our marketing lists or any other email list. We are sending this email to a list of people to provide important and urgent information updates about the data breach ONLY. You will not receive any marketing emails from DivideBuy unless you have signed up to receive marketing emails from us. If you wish to contact us regarding the matter you can contact us by post or email [email protected] www.dividebuy.co.uk Copyright © 2021 DivideBuy, All rights reserved. DivideBuy, Brunswick Court, Brunswick Road, Newcastle-under-Lyme, ST5 1HH, UK     I went on the dividebuy live chat and was told that dividebuy are not giving compensation for this breech, what can I do as this is causing me all sorts if worry now that my identity is going to be used in fraud, they have offered the 12 month transunion thing but I can't help but think this won't pick everything up on the dark web. I suffer from bipolar and I am really struggling to deal with it.   Is it worth me starting a County Court claim for damages or would I be wasting my time. Or would it be too early to start that and need to go through a certain route?   Tia
    • It was £229 DIGIHOME 32INCH HD READY SMART TV   Dx100 so ill have to wait for them to get back to me and then take it to a repair shop to diagnose the fault? Do you think there's any chance they might just replace it? It was only £229 which is not a lot to them but not an amount i can afford to just replace unfortunately.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
  • Recommended Topics

Old HSBC Credit Card debt - No CCA - scotcall doorstepper


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Have had a few default notices from DG solicitors so i sent them a CCA request on 17th july.

They responded asking for my signature as attached

 

2edruhg.jpg

 

The 12+2 days for CCA request is now up - should i now respond saying the account is in dispute or send them a digital signature? I was thinking of the following:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Dear Sir/Madam,

 

Re: - Account No:

ACCOUNT IN DISPUTE

 

Re: My request under the Consumer Credit Act 1974

 

Further to my request under the above act, your attention is drawn to the fact that this account is subject to a serious dispute. On 17/07/09, by recorded delivery, I requested that you supply me a copy of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing ( 12 working days + 2 ) to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly as no agreement has been supplied on request, you have not complied with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

To clarify S.61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as you become compliant with my request. As you are still not in compliance with my request I insist that the following takes place with immediate effect.

 

All entries which refer to missed payments be removed from my credit file

All collection activities cease with immediate effect until you comply with my request from 17/07/09 or such time as a court makes an enforcement order.

In addition, I draw your attention to the Office of Fair Trading’s guidance on Debt Collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true signed copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

I trust this out lines the situation

 

Yours faithfully

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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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under no circumstances send them a signature, they know who you are... they wrote to you saying you owe them this money.. if its good enough for that then what you sent asking for cca is good enough

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under no circumstances send them a signature, they know who you are... they wrote to you saying you owe them this money.. if its good enough for that then what you sent asking for cca is good enough

 

To help me understand...why not send them a squiggly line...would that not suffice or does it allow them to copy the squiggle etc...

I reside in Dawlish Warren but am not a rabbit.

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To help me understand...why not send them a squiggly line...would that not suffice or does it allow them to copy the squiggle etc...

 

In my view this is a good course of action. Or you can use one of the many signature fonts that are freely available to download. I would just love to catch a DCA mocking something up with one (and they can look very realistic when printed on a colour laser).

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That is an American website and details contained within it refer to the relevance in certain American states.

 

Whilst it's an informative link I don't think it should be seen as how the UK Debt/Justice system sees/interprets a signature.

I reside in Dawlish Warren but am not a rabbit.

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  • 3 years later...

Requested my SAR from HSBC back in April, they responded saying they couldnt do it without a signature.

 

I sent them a 2nd letter using a template from this website, again didnt sign it and they responded saying the SAR had been sent to my local branch ready to collect informing me to bring ID such as my passport or driving license.

 

I went into my branch yesterday and the member of staff gave me a form to sign - to avoid hassle i signed it using a squiggle which was completely different to my normal signature. She then looked up the signature on the system and noticed it didnt match, looked at my driving license and asked why my signature i just signed differed. I explained i didnt want to sign for my SAR and she refused to give me it as it was branch policy. The signature she could see on my driving license and passport matched the one on the system.

 

I asked her to put it in writing, so she went off to her manager for approx 30 minutes and the manager eventually gave me a letter addressed to myself:

 

Release of Personal Information under The Data Protection Act 1998

 

I have been unable to release the requested documents to Mr XXXX as the signature he has provided to us does not match the signature held in our records

I informed her that i didnt have to sign for my SAR under the Data Protection Act guidlines but she kept repeating it was branch policy. I asked her if she had consulted her legal department as they could get fined for refusing my requested data, and she said her manager had called them which is why it took so long.

 

So what do i do now... complaint to ICO and wait ?

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I think you might have to telephone the Information Commissioner yourself. Whilst there is no requirement for you to sign your letters / SAR to them. They are allowed to ask you to identify yourself. You were asked to take in photo ID, not that you would have to then sign as well!!

 

Having said that, I suspect that ICO will side with the bank.. !!

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You should have asked if they got the signature of the Columbian drug barron they have been laundering money for, or the Iran president that they have been sanction busting for.

 

You are correct in that you do not need a signature, I can't remember which reg says that at this moment but perhaps someone else will come up with it before I can find it.

 

As they have your sig on file already, why don't you want to sign again ?

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Its very annoying, clearly my passport and photo driving license confirmed who i was :x

 

However branch policy comes before UK legislation :???:

 

I've printed out an ICO complaint form and am just sending it now - are the ICO really like to side with the bank?

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ICO complaint sent - should i just wait for the ICO to respond and if so any idea approx how long it will take?

 

They will likely acknowledge your email and possibly give you a time in which they will respond.

 

It could be a few days, if it becomes complex, then it could take longer.

 

TBH, you never really know how the regulators will respond !!

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...

I received a letter from the ICO confirming they had received my request and would get back to me.

I also sent a letter before action to HSBC and have heard nothing back in over 3 weeks (gave them 14 days to respond)

I now want to proceed through the small claims court and want to seek damages for a few hundred pounds + costs.

Can anyone recommend any other topics or templates that may help me prepare my court application?

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I managed to find a topic for the particulars of case - i presume i file this with MCOL (Money Claim Online) for the HSBC head office in Canada Square, London using form N1?

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

PARTICULARS OF CLAIM

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant had an account number xxxx xxxx xxxx xxxx ("the Account") with the Defendant.

 

3. On xx/xx/2012 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4. The Defendant has failed to comply.

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage and distress.

6. The damage and distress caused is:

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence, time spent preparing documents and seeking legal advice, and time / embarrassment spent travelling to branch and waiting in branch whilst they dealt with my request, I estimate this cost to be £200

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

9. Damages and costs within the discretion of the Court.

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

Date:

 

Also when filing the case with MCOL - should i send particulars to the defendant?

Edited by experience
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HSBC Group Data Protection Manager, HSBC Plc, 8, Canada Square, London E14 5HQ.

 

C.E.O Mr Staurt T Gulliver.

 

 

Love to see Gullivers name on a N1, bet he run back to H.K. for a break fast.

:mad2::-x:jaw::sad:
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experience, before submitting - wait for someone to confirm all is ok and that you are following the correct procedure. I have flagged your thread for those who will know.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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experience.. some advice for you.

 

 

It would have been far easier to sign and mark the sig with crosses as advised by Mike or make it unique in some way.I accept that HSBC are a law onto them selves but this is a claim which I feel is unnecessary.If the OP wishes to proceed I would exclude the £200 request and leave it to the total discretion of the Court on the question of compensation.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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