Confusing Letter From Oxendales re: Section 10. Can anyone help?

[Soots]

Hello,

 

I'm hoping someone might be able to help me with this.

 

I requested my CCA from Oxendales. Turns out they don't have a signed orginal one. They did send one claiming to be the orginial but it had my new address on it - not the address I lived at when I took out the account - so they forged it.

 

I sent them back the 'account in dispute letter' which included telling them they were not allowed to pass on any info about me to credit ref agencies etc.

 

I got this letter back from them a couple of days ago but don't really know what to make of of it. They are basically saying that under section 10 of the data protection act they are allowed to continue processing my data because I have entered into a contract with them. They are going to stop processing my data for 'Direct Marketing' puposes but not for anything else.

 

http://i45.tinypic.com/2uglxec.jpg

 

Can anyone advise me if they are right in what they say or how I should respond.

Thanks in advance.

[kurvaface]

Call the police?

[Soots]

Call the police?

 

I don't understand.

[gyos]

Call the police?

 

Definitely.

 

"Reconstituting" an agreement is one thing (but still very dubious).

 

Faking one completely is another matter entirely.

[kurvaface]

Faking one completely is another matter entirely.

 

Exactly:eek:

[shinobi101]

They forged an agreement??

 

Remind me - fraud is still a crime isn't it?

 

Talk to the police, you have enough evidence. Get a crime reference number if you can. Then send them a copy telling them it is your intention to press charges. Don't ask them to do anything, so they can't accuse you of blackmail. See what they say.

[Soots]

Thanks for all the replies on this.

 

I was rushing when I posted this up and think I might have phrased it the wrong way so apologies if I have.

 

What I should've said was that they sent me what they claimed was a true copy of what I had signed but it had my new address on it (not the one I lived in at the time). Also I have a document showing interest rates at the time I opened my account and the rates they sent in their 'true copy' were completely different.

So what they sent (if not the orginal - then claiming to be the same as the orginal)was not the same document I would've signed.

 

Reading back on my post I maybe shouldn't have used the word 'forged'. When I said forged I meant that they put in the wrong address and interest rates and yet claimed it was what I had signed, when obviously it wasn't.

 

I'm not sure if I could make an official claim on this basis?

 

I did write to them (Oxendales) and challenge them over it but they didn't respond to this directly. Instead they simply said legally they don't need an original signed agreement to pursue the debt and would continue to seek payment in full from me.

[kurvaface]

The discrepencies are all the more reason to set eyes on the original paperwork now. Keep what you have and don't let it drop.

[Soots]

The discrepencies are all the more reason to set eyes on the original paperwork now. Keep what you have and don't let it drop.

 

Thanks Kurvaface.

 

They've now admitted they don't have an orginal signed copy.

 

I wonder should I leave the section 10 - sharing data issue and send to them again to complain about them sending a supposed 'true' copy with the wrong personal details about me on it?

[shinobi101]

 

They've now admitted they don't have an orginal signed copy.

 

 

Brilliant. If the original (alleged) agreement is pre-2007 they can't get the court to enforce the debt. CCA1974 sec 127(3).

 

Any payment you make now is a goodwill gesture.

[Soots]

Thanks shinobi101.

 

Could anyone advise how I should reply to the letter they've sent saying they have the right to pass on info to credit reference agencies etc.

 

I had written to tell them they didn't have the right to do this (without a signed contract) but they are still staying they are allowed to do this.

 

They say (see below) that they can do this because I have entered into a contract with them but surely if they don't have a signed CCA (which they've admitted) I haven't entered into any contract with them?

 

Thanks again for all the help with this.

 

http://i45.tinypic.com/2uglxec.jpg

[kurvaface]

I would contact the ICO

[Soots]

Just to update on this. I received a long and nasty letter from Oxendales last week saying they have fulfilled the requirement of section 78 Consumer Credit Act by supplying a 'true copy'.

 

They say I have now no basis on which to challenge them and have given me a load of questions to answer such as: do I deny receipt of the agreement? do I deny I signed the agreement? do I deny receiving the goods and also do I admit or deny performing my account as if I had signed the credit agreement?

 

Now I'm not sure what to do. I can write to them and say they did not send me a 'true copy' as the address details were for my current address (and not the one I lived at the time I opened the account) but I have a feeling they will just forward me another 'true copy' this time with the correct details on.

 

Have they committed any legal offence by claiming what they sent is a 'true copy', when I know it obviously is not? If so, I can hit them with this in the letter.

 

Any help at all would be much appreciated.

Thanks in advance.

[reallymadwoman]

Technically, they may have complied with your request under s78 especially in the light of the Manchester test cases. What that means is that they can carry on hassling you for money forever but without the original agreement they cannot take you to court.

 

What you have to do now is decide how you want to proceed. Since they don't have an agreement all they can do is harass you, so anything you decide to pay them is a goodwill gesture on your part. You are in an extremely strong bargaining position to negotiate a full and final settlement with the proviso that any and all entries on your credit reference file are removed.

 

Alternatively you can tell them to go jump off the end of the pier and just ignore them forever but no agreement does not mean the debt no longer exists, they just can't take it to court, so they will carry on reporting to the credit reference agencies.

[postggj]

what concerns me in the letter is the statement about halting processing your data for direct marketing

 

this goes to all dca etc

 

who the hell are they passing our details onto for direct marketing

 

i quote

 

pipe line mailings