nawty welscum need advice plz

[cardiff27]

i had another thread on here which helped me enormously to get the **** of my back for a while by sending the sar request etc and ombusman for mis selling ppi

 

now i have recieved the sar and to be honest i am disguted and totally outraged a few things that have really annoyed me is firstly the ridiculous charges for telephoning me to my residential landline which was cut off over a year ago but despite this they have still charged me £10 a call sometimes 3 times a week to a number that isnt in use lol

 

secondly in the notes on sar it states they went to my next door neighbours house who i dont get on with and shared my details and situation with and the notes on the information shared is a complete breech of data protection . surely they cant go and knock my neighbours door because im in work and not there to answer the door ?

 

thirdly there all all these entries on the statement for declined card payments from my partners card in his name but i dont no where they got that from as he has never had a debit card or even a bank account in his name we dont even have a joint account

 

so now i have the sar im really unhappy with what ive read its total lies and wrong information so what i need to no is what do i do now as im sure b4 long they are going to get a court order for my car i read about contacting the fos putting my acc into dispute is this an option for me thanks in advance for any1 who can help

Edited February 1, 2010 by cardiff27
typo error

[cardiff27]

bump plz x

[emanevs]

post up the original agreement and statement WITHOUT THE PERSONAL DETAILS IE. ACCOUNT NUMBER/NAME ETC.

[emanevs]

When was the loan taken out?

[cardiff27]

thanks for reply i had a car on finance with them in 2007 and its been a nightmare cos of there crappy behaviour and money grabbing tactics ive paid over 6000k and still another 5000k to go i wrote a letter to the fos las night bcos i want to make my move before welcome get in with theres first xx

[cardiff27]

all my agreements i already have posted up i did it on a diff thread on here but i couldnt find it lol x

[cardiff27]

what i really wanted to no is by sending the letter i have written to the fos will that put my acc into dispute bcos they cant take any action if an account is in dispute i think i read that on another post ?

[dawnytrish]

Here's your other thread Cardiff....

http://www.consumeractiongroup.co.uk/forum/welcome-finance/236873-welcome-finance-nightmare-plz.html

[cardiff27]

thanks dawny your a star xx

[Major Player]

To give you an insight, the charges for calling you which to be fair are spurious enough anyway should only be charged if they make contact with you so they are acting against their own policy.

 

The breaches of the DPA act, firstly in speaking with your neighbour (Disgraceful) secondly in keeping card details on file are sackable offences but tend to be brushed under the carpet if the guilty party is a top performer, however complaining to Nottingham on this means that they can't get out of it. When you add in the fake card details and charging you for it then employee fraud looks more and more likely.

 

The missing money again, its not unheard of for employees to pocket the difference between what is taken and what is applied to the account or if you have multiple ccounts sometimes they "Accidentally" apply bits to other accounts to keep them all in the branch.

 

Someone asked about the payment showing as a credit and debit, this happens when they use their rubbish computer system it basically processes a payment, contacts another part of the system to check for funds and if there is something wrong (Like no card or no funds etc) then it reverses the payment back off so two entires show.

 

You have a great case for complaint but I'll leave it to experts on here around HP agreements as you may have an altogether invalid agreement that means you can stick it to them good and proper. I would be tempted to kick up a stink cos they have treated you appalllingly.

[cardiff27]

yeh i deffo agree ive written a letter to compliance and the fos im gunna look for every loop hool an stich them up 4 this i said in the fos letter i wanted a full refund for the 6k i paid plus compensation for the hassle lol a girl can dream ... bring it on welscum id love my day in court with u xx

[Dibbothe3rd]

First off I would put together all proof of the landline not in use and no debit card or joint account etc... and get it all together so you have it filed and ready to pass to the FOS or even perhaps present at court.

 

I would also ask for itemised record of the phone calls from their bills, just to freak them out a bit. After all if they didn't have anything to hide, they would prove that they made contact with you as the call number, date, time and length would show and back up their charges.

 

As for the payment debits and credit, correspond the dates they said payment was taken and reversed and match it to your bank statements. you need to make sure you have an answer to counter all their charges.

 

I would also ask your neighbour to provide a written statement that Welscum have discussed your account with them. perhaps offer a token gift as a gesture of good will.

 

worth a try.

 

I know its a pain but if it comes off, then this info that you put together will certainly be worth while.

[cardiff27]

great advice thanks dib and as for asking my neighbour lol we sooo dont get on but so every1 on this forum can see the crap an lies tha welscum an my neighbour discussed im gunna upload the notes from the sar showin there convo and when u read this bear in mind my neighbour assaulted me prior to there convo over a parking dispute bcos i couldnt park outside my own house il pop the link up in a few mos when ive uploaded xxx

[cardiff27]

[cardiff27]

what a cheek a complete pack of lies lol my car is parked right outside my house mainly as im to lazy to park any further away lol

[ozzywizard]

Cardiff, just read them notes and to be honest their is nothing in the notes to suggest data protection has been broken, it clearly states they had a conversation with your neighbour and they "received" information about you but it does not state "they" gave any information out . . sorry to doubt the claim is valid as it very well could be but without a statement from your neighbour I cant see this going anywere. please feel free to reply openly, i just dont want to see you waste your time and this is the reply welcome will give and the ICO.

[cardiff27]

but my neighbour was kickin off sayin they knocked his door surely they cant do that when they can reach me by phone ?

[emanevs]

HARRASSMENT THROUGH TELEPHONE LETTER (TEMPLATE)

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

HARRASSMENT THROUGH ANY FORM OF VISIT LETTER:

 

Harassment through any form of Home Visit -

(If we receive, or are threatened with, a Doorstep Visit)

 

The account holder will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

[cardiff27]

thanks hun but im a bit gutted that its ok to go knock my neighbours door and talk about my situation and thats ok seems they win whatever they get upto but thanks for the post

[ozzywizard]

but my neighbour was kickin off sayin they knocked his door surely they cant do that when they can reach me by phone ?

 

Cardiff, dont get down about this, keep fighting, I guess my post was slightly devils advocate and I totally agree they are not allowed to go knocking on your neighbours door asking questions and digging for information, a lot of DCA'S do this and it is unacceptable, but unless they tell the neighbour who they are they have not broke data protection in giving out your details. as I said you would need a statement from your neighbour that they did do this.

 

Im on your side, honestly if a company knocked on my neighbours door I would be furious and be going for blood so I am with you just got to hit it from the right direction.

[cardiff27]

i no you are thanks hun xx