fashion word debt now their DCA & lots of charges

[coledt]

Hi All,

 

 

I sent a request for a SAR and I have not heard a thing back as yet.

 

I have been in dispute with a catalogue company for nearly a year.

I have been asking for a signed copy of my “true copy”.

I know for a fact that they don’t have one and that by requesting a SAR they would realise this and back down.

I am still getting chased by a debt company and their solicitors.

It is getting frustrating.

I have written to the solicitors to inform them that I am in Serious dispute with the company and that they should not sell on my information,

I have also sent a letter to the recovery company to inform them of the same.

They have both ignored me and continues to demand payment, with threatening statements such as

“we are strongly considering applying for a court summons” and so on.

They even gave me a break down of how much this will cost.

 

In the mean time looking at my credit score

I have been put as default and the dispute is being ignored.

I know this is complex, but does anyone have any ideas of what to do next?

I would be really grateful.

[rapterman]

“we are strongly considering applying for a court summons”

 

So they are considering to apply, which means they haven't applied yet.

 

Did you receive the Default Notice?

[SharpmanTF1]

Have you CCA'd the dca's that are hounding you?

[DonkeyB]

That's as vague as 'scientists increasingly believe that it may contribute to better health'.

 

As they are threatening legal action, you are now entitled to use CPR. You can request - without the cost of a SAR - any documents they may wish to rely on if they do issue a claim. If they refuse, then go on to issue a claim, they will look very poor in terms of CPR.

 

If they have had more than 40 days to deal with your SAR, then they have committed an offence and you should complain to the Information Commissioner's Office.

 

I would also write and remind them

(a) that they have failed to comply with your legitimate SAR and are in default;

(b) that the account is in serious dispute and should be marked as contested with the CRAs; repeat the nature of the dispute;

© that collection activity should cease, as per OFT guidelines, while they deal with the dispute.

 

Send recorded. I know it's going over old ground, but you need a belt and braces approach. Let's give them plenty of rope.

 

Did you send a CCA request with the £1 fee?

 

Can you let us know who the idiots are?

[coledt]

Hi I paid the CCA a long time ago and they sent me a letter saying that they do not need to send the original copy, a copy will do and it does not have to bear my signiature.

 

Fashion world is the company. I also paid the £10 postal order by recorded delivery. Here is the letter I sent:

Dear Sirs,

 

Account No:

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

For the avoidance of any and all doubt, I reiterate:

 

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included).

 

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

 

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

 

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative timeframes.

 

Yours faithfully

 

 

They have ignored this and now continue to ask for money as if nothing has been requested.

[DonkeyB]

Then I suggest you write to them again, as above.

 

You might also like to include in your letter that you reserve the right to seek damages for injury to your credit rating, caused by their failure to properly deal with your complaints and queries.

 

State that you will be complaining to the ICO about the SAR failure, and to the OFT about the CCA failure.

 

That should wake them up.

[Bookworm]

They're considering a court summons?

 

Wow.

 

I hope you're duly terrified.

 

I am considering what to have for dinner. Hope that scares you too.

[NailPost]

If their solicitors are refusing to deal with the matter either then a letter to their regulator would be worth considering.

 

You should definately consider reporting the whole lot of thm to th OFT.

 

You should also consider writing to them as suggested above and asking for their complaints procedure. failure to deal with a complaint within eight weeks means you can complain to the Financial Ombudsman. All complaints against debt collecting firms are valuable because if a trickle becomes a flood then even the authorities may consider taking firmer action against this dodgy sector of our free economy and stamp out unfair practices once and for all.

[djwigster]

If their solicitors are refusing to deal with the matter either then a letter to their regulator would be worth considering.

 

You should definately consider reporting the whole lot of thm to th OFT.

 

You should also consider writing to them as suggested above and asking for their complaints procedure. failure to deal with a complaint within eight weeks means you can complain to the Financial Ombudsman. All complaints against debt collecting firms are valuable because if a trickle becomes a flood then even the authorities may consider taking firmer action against this dodgy sector of our free economy and stamp out unfair practices once and for all.

 

Shouldnt that read "strongly consider"??? :grin:

[coledt]

Then I suggest you write to them again, as above.

 

You might also like to include in your letter that you reserve the right to seek damages for injury to your credit rating, caused by their failure to properly deal with your complaints and queries.

 

State that you will be complaining to the ICO about the SAR failure, and to the OFT about the CCA failure.

 

That should wake them up.

 

Thanks for the help you have given me. Do you know if there is a template as I am bad at composing these types of letters. Thanks again

[DonkeyB]

Have a stab at it, post it up and we'll edit it for you!

[coledt]

Hi Ya Donkey. I have just been doing my maths and I sent the request on 16/02/2010 recorded delivery for the next day. I have proof that it was received - post office tracker.

 

If my maths is right I think that they had up til today (not counting the bank holidays). So I will give them a day or so and then see what crap they right to me. Once I find out what they have to say I will keep you all posted.

 

Thanks again. I feel better with the forum as it is horrid doing this on your own.

[DonkeyB]

That's what we're here for - to help. We've all been there and know what it's like when creditors fail to be reasonable or sympathetic in their dealings.

 

They'd get better results if they were decent about people's situations. There's too much shark-like ruthless venture capital driving the distressed debt industry - chancers of the highest order - and they deserve every kicking I can help give them! That's why I think they deserve everything they get...

 

... sorry, was that a rant?

[coledt]

Lol its cool. Im really thinking of taking them to the small claims court. But need to ensure that I try every route first.

[DonkeyB]

That is the 'reasonable' man approach - looks good for you when every door to settlement is slammed in your face.

[F_DCAs]

If you are strongly considering to send a letter to the DCA in question, then I personally would insert the words 'strongly considering' at every available opportunity.

 

I'm strongly considering saying that it's something you might want to strongly consider.

[Bookworm]

LOL, I was looking for something on Digital Spy the other day and came across an old thread of mine (2005, before CAG, when I didn't know as I know now) where I was asking about Lowells and Hampton Legal about an old Sky bill, and I found that newbie me had quoted the exact same words they had used in their letters then, the whole "strongly recommend" stuff.

 

2005. I'm still waiting.

[coledt]

That is the 'reasonable' man approach - looks good for you when every door to settlement is slammed in your face.

 

 

I received a letter from Moorcroft debt recovery. It has stated that I have made no attempt to contact them and that the account must be paid in full and will accept payments of £80, but this must be acted on straight away otherwise they may recommend court proceedings without further notice. I did send them a letter about my account being in serious dispute and that they should pass it back to the original company. They ignored this.

I was thinking of sending the following. What do you think? Please feel free to suggest things.

Dear Sirs,

With regards to your letter dated 19/04/2010. I would like to highlight the fact that you have ignored my letters sent on 29/03/2010 witch highlight the fact that I am in serious dispute with Fashion World since May 2009, As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS

As you have decided to clearly ignore my previous letter I will be contacting the appropriate authorities, including, Trading Standards, Office of Fair Trading, Information Commissioners Office and the Financial Ombudsman. As I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines.

Please provide me in writing your complaint procedures and a written reason on why my previous contact/letter was ignored.

[Bookworm]

And you know what's going to happen to that letter? It will get ignored too.

[coledt]

And you know what's going to happen to that letter? It will get ignored too.

 

Very true no doubt, but as at least it will all go against them if needed I hope lol

[coledt]

Hi All,

I sent a SAR with a £10 postal order, recorded delivery, to a catalogue that I am in dispute with on 16th Feb 2010. They were way overdue with getting back to me. When I sent them a letter saying that they ignored my SAR and that I will be taking the appropriate action they wrote back to me saying that they received a letter from me on 16th Feb 2010, but it did not mention a SAR. They also stated that they will now class this letter as a SAR, and that I will need to fill in forms which they sent me and that it will cost £10 per account.

The forms request a signature and a witness.

This is a complete lie that I did not make the request back in Feb…. any ideas?

[DonkeyB]

Have you checked who signed for it and that the PO was cashed?

[coledt]

In the letter it stated that (Joe Bloggs) received the letter. It was a Postal Order and can not be tracked like that , thats why I done it recorded delivery as soon as they accepted it then they accepted the payment.

[DonkeyB]

Did you keep the number of the PO? They can be tracked!

 

Anyway, whether or not they chose to cash it, they received it - provably. The clock started on 40 days at that point. So let them know, in no uncertain terms, they are out of time and in default of your request. I suggest you make a complaint to the ICO.

[Bookworm]

and it's not £10 per account, it's £10 for the TOTALITY of the data they hold on you. Nice try, a**holes.