my 1st cap one card

[thekat1979]

Hi all,

 

Any idea how I can respond to this?

 

I sent them a statute barred letter mid- November. I didn't get a response at all, so sent them a s.10 Data Protection Act letter because the Capone debt is statute barred as far as I am concerned and they haven't proven otherwise. I got this in the post today...

 

[thekat1979]

Oh, and I don't recall ever getting a letter from them about assignment.

[noomill060]

This is waffle. Sue them for compliance.

Edited December 20, 2008 by noomill060

[thekat1979]

Really? Lol - they sure know how to make themselves sound big'n'scary lol

[noomill060]

When was the last time you acknowledged this account?

 

By "acknowledged" I mean when did you pay anything?

[Rayne]

They do? Uh oh, I'm a-quivering now lol

[noomill060]

We can all "sound" big and scary.

 

Whether what we say makes any sense is another matter.

 

 

If this is SB and they are processing negative data about you, they are ones who should be afraid, very afraid...

[noomill060]

Basically the baloon who wrote this letter knows he is up Poo Creek without a paddle (or a canoo) and hopes that you will quake at his indoubted talent to write completely irrelevant bollocks.

[thekat1979]

I haven't paid a penny on this debt for years...the original debt doesn't even appear on my credit file at all any more. Plus, they haven't provided any proof that it isn't statute barred either. The absolute latest I would have paid anything would have been first half of 2002. So as far as I'm concerned it is SB and they aren't providing proof of anything else. I guess it is possibly it wasn't SB when they sent their 'assignment' letter, but I've never responded to anything from them until the SB letter I sent last month. I've only just taken my head out of the sand so know I wouldn't have contacted them!

 

Is there a letter I can send them to tell them they are talking nonsense?

 

All they have on my CRA are searches at present, and while I would like to get rid of this info I would also like them to remove me from their system which is my main aim.

[noomill060]

If this is SB, and you would like to make them flap about and get all girlie like the camp bunch of big Jessies that they are, sue them for all damages under s.14 DPA.

 

If you're up for it, let me know. I'll be doing the same after Crimbo.

[noomill060]

"Is there a letter I can send them to tell them they are talking nonsense?"

 

Oh yes, its called a claim for damages.

 

That way they they can explain their nonsense to a judge (or pay you)

Edited December 20, 2008 by noomill060

[thekat1979]

Is this even though the only thing they have on my CRis search at present?

 

I just want them to go away.

[thekat1979]

I've had a go at a letter - I'm really not sure what I need to say, but can someone take a ook and see what they think please?

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY NOR ANY COMPANY YOU REPRESENT

 

To Whom It May Concern;

 

Thank you for your letter date XX December 2008, the contents of which are noted.

 

I understand that you have used the Law of Property Act 1925 to assert your right to process my information, therefore refusing to comply with my s.10 Data Protection Act request.

 

However, I cannot agree with your decision.

 

On XX November 2008 I wrote to you stating that I believed the debt that you allege is owed by me is, in by belief, subject to the Limitation Act 1980 section 5. I have enclosed a copy of this letter for your convenience. To date you have failed to provide me with any proof that this is not the case, either through proof of a payment or written acknowledgement by myself for the alleged debt within the last 6 years.

 

As such, I believe that you are pursuing me for a debt that is Statute Barred and are processing information regarding myself without necessity.

 

I have received no Notice of Assignment from you and you have failed to provide proof of any such Notice.

 

I therefore believe that you have no right whatsoever to process my information for any reason. You must stop processing my data immediately (as outlined in my s.10 Data Protection Act letter dated XX December 2008 and attached to this letter for your convenience).

 

If you do not comply with my request within the given timescales I will have no option but to pursue Court action in order to force you to comply with my request. Furthermore, I shall lodge complaints with Trading Standards and the OFT against you.

 

Edited December 20, 2008 by thekat1979

[noomill060]

Letter Before Action

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY NOR ANY COMPANY YOU REPRESENT

 

Sir/Madam,

 

Thank you for your letter date XX December 2008, the contents of which are noted.

 

You have erroneously quoted the Law of Property Act 1925 to assert your right to process my information. You will be well aware that the use of personal data is regulated by the Data Protection Act 1984/98

 

However, I cannot agree with your decision.

 

On XX November 2008 I wrote to you stating that I believed the debt that you allege is owed by me is, in by belief, subject to the Limitation Act 1980 section 5. I have enclosed a copy of this letter for your convenience. To date you have failed to provide me with any proof that this is not the case, either through proof of a payment or written acknowledgement by myself for the alleged debt within the last 6 years.

You will further be aware that the the onus to prove the alleged debt is not Statute Barred rests with you.

 

 

I believe that you are unlawfully harassing me for payment of an alledged debt that is Statute Barred and assert that you are unlawfully processing information regarding myself without consent.

 

I have received no Notice of Assignment from you and you have failed to provide proof of any such Notice.

 

I therefore believe that you have no right whatsoever to process my information for any reason. You will stop processing my data immediately (as outlined in my s.10 Data Protection Act letter dated XX December 2008 and attached to this letter for your convenience).

 

If you do not comply with my request within the given timescales I will have no option but to pursue Court action in order to enforce compliance with my request and make a claim for all damages suffered.

I reserve the right to draw the judge's attention to this letter and your letter dated xx xxxxxxx should the opportunity arise.

Yours, blah blah.....

[thekat1979]

Thank you x

[thekat1979]

Well, I just had a nosey round my checkmyfile website - it had taken them a few days to pull together everything from my past addresses.

 

Lowell have 2 defauts on my account - according to them I defaulted some time in 2004 which is nonsense. Capone (OC) aren't showing on the credit file at all, and I know I've not paid anything for a very long time - WAY before 2004 - and they haven't proven that it isn't statute barred yet. What is MOST disturbing is that the exact same info appears TWICE, as entries C4 AND C6 on my credit file. I don't know if this is a mistake on the CRA site, because one from Cabot also appears twice, but they are the only 2 that ARE like that. All the other defaults and satisfied I have on my CRA file are singles. So, where I should have 8 entries on my file, I have 10, and the Lowell ones will be there for at least another 2 years from the looks of things and they keep doing searche son me.

 

What is worse, is that they have defaulted me for an amount which is DOUBLE what the credit limit of the card originaly was when i went wrong! So at least half of that amount is charges!

 

Now, I don't exactly have a wonderful credit file, but surely the 2 from Lowell would have had an affect anyway! Can't be right?!

 

Does this change the letter I should write?

[noomill060]

I dont think so.

 

Your LBA lets them know what is going to happen if they dont comply with your s.10.

 

The data they are processing to the CRAs is unfair and inaccurate and in any case, they dont have your consent to process it anyway.

[thekat1979]

Last thing to double check before I send off my LBA...

 

The defaults against me were issued four years ago, by Lowell, when the debt would not have been statute barred. It is statute barred NOW though. Does the fact the default was issued when it wasn't statute barred make any difference to them refusing to remove the defaults etc?

[noomill060]

No.

 

It becomes SB six years from the moment they could have sued you.

 

In legal terms, six years from the cause of action.

 

When they choose the issue a DN matters not one jot.

[thekat1979]

After sending Red a letter statinng I believed a debt was statute barred AND sending them another letter informing them they had to stop processing my data under s10 of the data protection act, they are still going. The time limit for replying to my s10 is now up and I'd like to send them an LBA for this but cannot find one.

 

They also just sent me a letter stating that they were going to take me to court and make me bankrupt for the debt! I've written a letter I am happy with in response to that, but really need the LBA for court action to make them stop processing my data.

 

Is there one about I've just missed?

[silverfox1961]

Can't help with the LBA but i wanted to sub to your thread because I'm going through the same thing with the leeds losers.

They have also refused to stop processing my data and remove the default so I sent them a strongly worded letter but haven't got a reply yet.

 

fox

[thekat1979]

Lowells have refused - same debt - also. I sent them an LBA, but because they had responded and used the Law of Property Act to argue that they could process my data, I had something to reply to. I need more like a general LBA for non-compliance.

 

Hopefully someone will be along soon. Can get these off tomorrow then.

[palomino]

they had responded and used the Law of Property Act to argue that they could process my data

 

This sounds very weird. Can you expand on this, pretty please:).

[silverfox1961]

Your letter is very similar to the one i got except they aren't investigating yet

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-8.html?highlight=lowells#post1878652

 

This is the letter i wrote back but i'm still waiting for a reply

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html?highlight=lowells#post1888299

 

fox

[thekat1979]

I ended up sending this...will let you know how it goes...

 

LETTER BEFORE ACTION

SECTION 10 – DATA PROTECTION ACT

Dear Sir/Madam

Re: Your Reference:

On Xth December, 2008 I wrote to you with a section 10 Data Protection Act request to stop processing my data. I have enclosed a copy of this letter for your convenience, which clearly stipulates my request and my reasoning.

This letter gave you a maximum of 21 days to write to me either informing me that you had ceased processing my data, or giving a detailed explanation as to your decision to continue processing my data.

To date you have not replied to my letter in any way and the 21 days I allowed you have passed. I have electronic proof of delivery that you received my request on Xth December, 2008.

If you do not comply with my request within 14 days I will have no option but to pursue Court action in order to enforce compliance with my request and make a claim for all damages suffered.

 

I reserve the right to draw the judge's attention to this letter and your letter dated Xth December, 2008 should the opportunity arise.

Regards,

 

thekat1979