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    • 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?
    • Just quick one before I ship the letter this morning. Do I need to add parkingeye's reference number to the letter?   Thanks
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Unless Marston has a court order, they can only collect debts on the same terms as a common-or-garden debt collector.

 

No power of enforcement apart from diplomacy and persuasion. Debt collectors cannot charges fees to a debtor, the creditor has responsibility for any fees because contract only exists between creditor and debt collector.

The next generation Nintendo Wii - the Nintendo Puu

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I have sent them an email rather than call them, perhaps you wish to use the same email.

 

 

For attention of Stephanie Morris

 

I received a letter today informing me of an amount outstanding of £1323.96. Please could you inform me how this amount is made up as I have never borrowed anything close to this amount. It also stated that I had received a hand written notice, which I did not. I am presuming this was a loan with Wonga which was in the region of £350.00 which I am happy to pay back.

 

I will make £50 monthly from 10/12/09 by debit card until it is cleared. Should I be able to make anymore then I will do so to get rid of the debt. I presume the number on the letter can take payments, if not, the online facility on your website.

 

In regards to an enforcement officer attending the premises, this is entirely unneccessary as this matter has not been to court so therefore you have no legal reason to attend, particularly now you have my payment proposal in writing. Should anybody come to my address, there will not be any response and the police will be informed due to harrassment & your mis-leading letter.

 

They probably wont reply, but I have done my part!

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i think this borders on the realms of extorsion or fraud or mis-use of their bailiffstatus IF they have added fees/int/ etc etc

 

this should bump this thread as it need one of the bailiffs team to comment.

 

tomtubby you around........

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sounds like their acting on a default judgment to me. With a debt of that size it's probably been transfered to an HCEO.

 

Marstons have had their knuckles wrapped before so I'm sure they wouldnt flount the law in writing.

 

You really need to find out whats its about.

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ask the bailiff for a case number and use the online lookup or phone that court concerned

 

still think this is not a court issue but spoof use of their powers.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just sent this email -

 

For the attention of Stephanie Morris

 

regarding the above account. I have recieved your letter dated 20th November. I request that the court case number is forwarded asap as you state that an Enforcement officer will be attending looking to recover the debt and establish my assets and as far as I am aware this requires a court authorisation.

 

I also request full details as to how the amount being requested has been calculated. I wait your reply

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I too believe that Wonga have taken you to court and been awarded Judgment and if so, they have opted to pas the debt to the High Court Enforcement division of Marston Group.

 

If so, the charges applied by Marston can be significant.

 

You will need to establish whether the above is correct, as if so...you can apply on a N244 to set aside the Judgment on the basis that you had not received the original summons.

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urm.the plot thickens........

 

can one of you scan up the letter you had?

 

[remove all pers details first!]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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make sure it is full screen [large] on photobucket

then right click copy

then paste it here

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use photobucket then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what do theotherside and I do then? I have had no reply to the email I sent asking for a breakdown of the amount being recovered as it is far and beyond above the amount that I owe. Wonga was not very forthcoming when I tried to discuss a payment plan

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