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sawek86

LCS Solicitors/1st Credit - advice please

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Hi there,

 

I need an advice in this case, Please.

 

Couple weeks ago(22/09/2010) I received letter from LCS Solicitors regarding BARCLAYCARD debt on amount 235.87.

 

Then I sent them this(via email) :

Sent: 25 September 2010

Dear Sirs,

 

Ref no: Edit

 

Please note that I do not acknowledge any debt to your company.

 

I understand that you have shared my sensitive personal information with a third party, 1st credit Limited, Barclaycard.

I do not recall giving you my explicit consent to process my sensitive personal data, or to share such data with other organisations. As you are aware, it is an offence under the Data Protection Act 1998 to disclose sensitive personal data without lawful reason and/or the permission of the data subject. You are also expressly prohibited from processing personal data without permission unless you can show that it is as necessary to enforce a lawful right or interest, such as an enforceable contract.

 

I request that you send me, within 14 days of this letter, a signed true copy of such a contract or credit agreement AND a true copy of an explicit consent to process and distribute this data under the data protection Act 1998. Also a true copy of any assignment of the contract to your organisation.

 

I also ask that within 14 days you send me copies of all data you hold on me, as part of this SAR under the Data Protection Act 1998. I explicitly include any records/ recordings of phone conversations in this notice.

If you fail to comply within the notice period, I will immediately complain to the statutory authorities in the first instance. Since you are actively disclosing my data to third parties, I regret that I will be unable to extend this notice period.

 

You will be responsible for any damages or distress failure to comply with the Data Protection Act causes me. You should be aware that your actions have already caused me considerable distress, and have restricted my ability to apply for a mortgage.

 

I note that failure to comply with the data protection principles is a serious breach of both FSA and OFT guidelines and that I will report this to the authorities.

 

If your actions are mistaken, I require you to inform me immediately of the steps your will take to rectify the situation and mitigate any damage.

 

Be aware that messages, letters or any response regarding this case will be accepted by reply this email.

 

I look forward to hearing from you,

 

Best Regards,

edit

1st cerdit response(via email):

Sent: 27 September 2010

Good afternoon Edit

 

Thank you for your email and providing authority to use this email address for correspondence purposes.

 

This is in regard to the outstanding balance of xxx for your Barclaycard account.

 

Please be advised that this debt was sold to 1st Credit in April 2008 and a letter confirming this transaction was issued to the address of edit on 9th April 2008.

 

As this account is shown as a default against your credit file and presuming you would be eager to update this, please respond to this email or contact 1st Credit on 08433 200 000 to clear the outstanding balance via Debit or Credit card. Once paid your credit file will be updated accordingly and you will receive no further communication regarding the matter.

 

Many thanks

My response(via email):

Sent: 27 September 2010

Dear Sirs,

 

Please read again my previous email but this time more carefully and slowly. Than do what you been asked for without exceptions within next 12 days. Otherwise I will contact with right Authorities.

 

Kind Regards,

 

Edit

And received shortly after this(via email):

Sent: 28 September 2010

Good morning edit

 

Thank you for your response, your request for a true copy of your original agreement has been referred to Barclaycard and we will await a response, your account will be held until this is received and the relevant documentation will be issued to you shortly after.

 

Many thanks

 

This week I received only this (by post):

 

www .img836.imageshack.us/i/img0012pa.jpg/

 

or

 

www .yfrog.com/n8img0012paj

(Sorry but I'm new here and I can't add images yet, that why I added this link to open just delete space )

 

 

 

And I don't have any idea what to do next, I read out many posts but I couldn't find right answer on it.Any help please? Regards

 

PS. Sorry for my bad English.

 

 

 

Personal data removed

Edited by sawek86
Removal of personal data

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It will be advisable to remove your personal details from these emails!


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Hi

I've asked the site team to remove the post as you have your name and address on them.

Your link isn't working.

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I have edited out all the personal data from the first post


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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sorry, I forgot and thanks any way.

 

Edy:Updated links

Edited by sawek86
edy:

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You need to delete you details from the letter!

 

All I would send them is notification that they have failed to comply with your request under CCA1974 and the account is in dispute.

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Something like this:

 

Dear Sirs,

 

Ref:xxxxxx

 

Thank you for your letter dated on 22 October 2010. I would like to point out that you failed to comply with my request under CCA 1974....

 

 

But what next...?

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You could try a variation of this:

 

1st Credit

PO Box 278

Reigate

RH2 7WB

Dear Sir/Madam,

 

I refer to your recent letters, the contents of which is noted. I do not acknowledge any debt to you or any company you claim to represent. All communication must be in writing.

 

On xxx I made a formal request pursuant to s.78 of the Consumer Credit Act 1974, which you acknowledged in your letter ofxxx. You have failed to comply fully and properly, and so the request remains in default. Therefore, the provisions of s.78 (6) apply.

Clearly, the alleged debt is disputed. You have been provided with full details, but have failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on Debt Collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an unfair practice. Your activity also appears to be contrary to ss.3 (b) & 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

Take notice that if you intend to send a representative to my home, I will not offer an appointment; any visit would therefore be contrary to the OFT Guidance and also CPUTR.

This letter should be recognised as a second formal complaint and I am requesting a copy of your formal complaints procedure.

 

Yours sincerely,

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