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    • Birmingham City Council,  told me because the car is on my name I am responsible  for it and I can't have anyone take the blame.  
    • Send them on SAR immediately. Do it today. Read up on this forum and elsewhere on the Internet about crifas. How long have you had the account? Have you been having large sums of money going in or out recently – especially paid in cash? This kind of unexplained behaviour generally relates to something that triggers a suspicion that your account is being used for money laundering or some other kind of fraud. If that's what has happened then you will find it almost impossible to get information about it and also almost impossible to find out when your account might be made available to you. If a CIFAS marker has been applied to your account, the bank takes upon itself absently Draconian powers and you will scarcely even get any assistance from the FOS who quite frankly are simply a poodle to the financial services sector
    • In addition to dealing with the individual problems that this person is creating for you, you obviously need to deal with it holistically because there is a problem of identity fraud which may well continue and will certainly affect you and your family throughout your lives. Nobody should underestimate the seriousness of this kind of thing. Although people will commonly apply the label of "identity theft", what you are actually dealing with here is "identity fraud" and it is well understood in academic circles. The police were quite wrong to say that there was nothing they could do. I'm afraid that this reflects under-resourcing coupled with poor staff development and a poor attitude. There are offences being committed here and the girl herself is committing fraud contrary to sections 1(2a), & 2 of the Fraud Act 2006  https://www.legislation.gov.uk/ukpga/2006/35/contents   Of course the police will find it very difficult to do anything and given their resources, I suppose they have other priorities. However, you could be certain that if your family was related to the head of the local police force, they would be dealing with it PDQ. You say that this has been going on for a number of years – but you don't say how long. Maybe you had better give us a detailed account of what has happened. Please set out in a bullet pointed chronology so that we don't have too much narrative but a good structured idea of what has happened. This should include a list of the problems which have occurred and how they have been dealt with and also complaints which you have attempted to make. You definitely need to start taking this very seriously. How old is your daughter? In terms of opening mail, you should open every letter that comes to you and if you find that it is associated with this fraud, then you should photocopy it/scan it into a computer and start building up a file. I hope you have kept some of the correspondence and other documents which you might have received. Please let us know what you have. You are definitely going to have to start accumulating a robust file of evidence and I suggest that the first thing you do is you start sending SARs out to all of the organisations which have been involved and see if you can tease out of them any personal data that they might have which is apparently linked to you. Either they will provide you with a statutory disclosure – or, of course, it will be amusing if they say that they are more proof of your identity and that they won't let you have the disclosure because they are not satisfied that the data they have relates to you. I don't think you're in a position to make any serious complaint until you have put together a convincing file of evidence which shows that there is systematic identity fraud. We will help you to start to do this and help you to structure the file that you will put together and then we can begin to explore avenues to make a complaint. It also occurs to me that they could be a basis here for making a complaint under the Protection from Harassment Act 1997 although this would be an unusual application of the act – but we can have a look when you put together your file.  
    • Correct.  If the breach of statutory duty continues then you issue another claim.  The distress you are claiming for is only the the distress you experienced up to the issue of the first claim.  
    • Thank you all for your help. Is there any way to find out what (if any) debt I owe?
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credit account management


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please can you help i recieved a letter this morning of which says---

as you will be aware from previous correspondence (of which there has been none) this debt has been assigned to phoenix recoveries (uk)limited s.a.r.i. acting in the name and on behalf of its compartment''''sdfs recoveries'' and we are the agents appointed to manage the debt on their behalf.

Under the consumer credit act 1974 you are entitled to recieve an annual statement showing transactions on the account and the details are set out on the accompanying statement.

 

Thats about the gist of it any way

the ammount is for £251.00

the accompanying statement states-------------

 

Annual statement for the period 1 october2008-30 september 2009

opening balance £251.74

closing balance £251.74

that is the statement but the point is i dont know anything about this money apparently it was from shop direct abound which ive never heard of i remarried 3 years ago and havent used that name since which was my maiden name the letter was sent from:---

Credit Account Mannagement Ltd

Po Box 669

Waybridge Surrey

KT13 3FJ

WOULD BE VERY GRATE FUL IF YOU CAN ADVISE ME WHAT TO DO i am really worried it was quite a shock when i got the letter i am disabled and cant pay this type of money and dont see why i should. thank you paula

Edited by paula5650
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Under the CCA 2006, fully implemented 1 October 2008, statements have to be sent out yearly.

 

DCA's are sending these out en masse because if they do not, then they cannot enforce the alleged debt.

 

However, the DCA's appear to be sending these out to all and sundry, irrespective of whether they are sending them to the correct person!

 

Sounds like they are on a phishing trip and if the statement does not relate to you, send it back marked; not known here.

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2 threads merged and duplicates tidyied

Always happy to help where I can!

:lol:

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Dear sir/madam

as per paula 5650 as above my father in law has exactly the same letter, word for word. exception of the amount. his amount is £765..86.

 

as per your information you gave to paula5650 i am going to send the letter back to the collection agent.

 

my father in law has never used any form of credit in his life and is not likely too.

 

please can you advise further my friend.

 

many thanks

 

benharris

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Dear sir/madam

as per paula 5650 as above my father in law has exactly the same letter, word for word. exception of the amount. his amount is £765..86.

 

as per your information you gave to paula5650 i am going to send the letter back to the collection agent.

 

my father in law has never used any form of credit in his life and is not likely too.

 

please can you advise further my friend.

 

many thanks

 

benharris

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

Anthrax alert at debt collectors caused by box of doughnuts

 

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  • 2 weeks later...

I hope you can advise me furtheri have recieved a letter back this morning after writing to Shop Direct Finance Company Limited for a copy of the credit agreement signed by me and what the money they say i owe is for, i sent them a £1.00 cheque with it. how ever this is the reply i got:-

we refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement,but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records,the account was opened on 11/04/2005. You agreed to make payments every 28 days.

The outstanding balance £251.74. Our records show that £0.00 in payments have been made within the last 12 months. If a third party is acting for you, please pass a copy of this letterto your representative.

ther is no name, no dates no nothing on this agreement it says it is a fixed loan agreement regulated by the consumer credit act 1974, could you please advise me what i shoud do now thankyou

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No CCA = No payment = they cannot take any enforcement action against you. Send them this;

 

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (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 situation 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.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, 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 refer to 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.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

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hi my wife recieved a letter from these people in the post two weeks ago, we thought it was strange because it had Ms instead of Mrs. but in her first name. i sent them a CCA letter today i got a reply. it had an agreement of sorts, name at the top, (not wifes.) all the job,bank,residential and credit card status. the agreement was in a name that i do know, but i am not at liberty to divulge it to anybody. the letter in with the CCA is in my wifes name, the agreement in another. i have e-mailed them but they are busy and will endeavour to reply within 10 days. i sent anothere-mail telling them they have till the end of the week. i will let you know what happens. bigpaddy

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hi my wife recieved a letter from these people in the post two weeks ago, we thought it was strange because it had Ms instead of Mrs. but in her first name. i sent them a CCA letter today i got a reply. it had an agreement of sorts, name at the top, (not wifes.) all the job,bank,residential and credit card status. the agreement was in a name that i do know, but i am not at liberty to divulge it to anybody. the letter in with the CCA is in my wifes name, the agreement in another. i have e-mailed them but they are busy and will endeavour to reply within 10 days. i sent anothere-mail telling them they have till the end of the week. i will let you know what happens. bigpaddy

 

Make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx they are in breach of the Data Protection Act.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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