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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Hi, please excuse the length of this email.


I am currently at my wit's end with regard to a certain company's lax security on a database and the way in which my personal details have been allowed to have been lifted without my consent.


Back in early 2009, I signed up to a large sporting venue's mailing list under the condition that I would receive regular mailouts from that specific company. The terms and conditions on the company's website actually stated:


"With Your express consent We, and if applicable, Our partners or other trusted third parties may use Your data for marketing, market research, promotions and related purposes.

With Your express consent, We may also send You offers from us, our affiliates and Our promotional partners based on the data You have given Us."


It was shortly afterwards that I started receiving emails from various other organisations offering me tickets to various sporting events and it was at this stage I realised the person(s) sending me these emails had previously worked for the company I initially asked to receive information on.


At no point have I given my express consent for my data to be passed on to a third party, affiliate or anything else.


Upon contacting the senders of these emails, it appears that they have removed my data from their previous employers without their consent, but for at least 3 different separate parties to be able to remove this data from their previous employer's database makes me smell a rat. Either my data is being sold on or the "secure database" they mention in their website's data protection section is not as secure as they would like me to believe. I was also advisedby these senders that they were in the right to send such correspondence, as they were affiliates with the original company in question. The company in question have stated this is not the case.


I have been in touch with the legal team of the company which legally has my data and to date have received two tickets to an event of my choice for the inconvenience caused. I'm not out to get anything here, except for people to stop abusing my personal information, but please could someone advise on the following:


  • What can I/the ICO do in order to reprimand the company I provided my data to in the first instance?
  • What can I/the ICO do to reprimand the individual who took my data without my express concsent?
  • What are the implications for both the company in legal possession of my data and the individual who took my data, as well as the company which now has my data?
  • Who would be the best to contact (without going down the route of the ICO) in order to resolve this issue? The company who legally have my data, or the company who are in illegal possession of such?

Again, I am sorry this is so long, but I do hope I hear from someone soon!!


Many thanks

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Getting There Slowly



Advice is given freely but is in no way meant to be taken as Gospel:-)

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