Cabot and Citi Card debt

[beerandy1969]

Hi All,

Before becoming aware of this group i paid an old natwest debt off though a company called First Credit. The problem is that the debt has been settled since 04/04/06 but despite many phone calls and letters to both first credit and exerian i cannot get the status of the account changed and it still shows as £1060 oweing..

 

What do i do ??

 

Andy

[Movingon]

To be sent to First Credit and to Experian:

 

 

Dear Sirs,

 

 

I write regarding the referenced account, which was settled to all partys' satisfaction on . Despite this, my credit record at Experian continues to display the account in default in the sum of £1060. I have communicated these facts to you on several occasions and despite this the default condition remains.

 

I remind you that under the Data Protection Act 1998 you have a binding duty to ensure that all data recorded about me within your systems is fair, accurate and current. To this end, I require the reference on my credit reference file immediately amending to show that this default is now settled in full. Failure to carry out this task will result in further action on my part, including but not limited to a formal complaint to the Information Commissioner's Office.

 

I believe that large companies such as yourselves with dedicated departments and staff should easily be able to respond to these instructions within 14 days; and therefore if you have not responded, or responded positively, within that time frame I will pursue any and all lawful methods to have this entry on my records corrected.

 

Yours faithfully

[MARTIN3030]

Experian have a duty to investigate any wrong or outdated entries on their database,and usually will do so without too much problem.

They do however rely on the defaulter supplying them with information.

That aside theres no excuse for it.

Is the debt a default entry ?

if so it should be marked as settled and will stay visible for 6 years.

You do have the right to add a 200 word notice of correction so that people doing a search can see this.

Experians website does show this together with ways to go about correcting any misleading info.

[Movingon]

Experian have a duty to investigate any wrong or outdated entries on their database,and usually will do so without too much problem.

They do however rely on the defaulter supplying them with information.

That aside theres no excuse for it.

Is the debt a default entry ?

if so it should be marked as settled and will stay visible for 6 years.

You do have the right to add a 200 word notice of correction so that people doing a search can see this.

Experians website does show this together with ways to go about correcting any misleading info.

 

However, "Notices of Correction" are rarely if ever read. I contend that the best route to follow is the one I outlined in my letter above.

[MARTIN3030]

Yes of course it is.

 

I was just pointing out something which Experian will undoubtably mention.....they did with me anyway..

 

 

[elsinore]

I thought I would post this as an example of just how bad a letter from a DCA can be. I received this out of the blue last week, having had nothing in writing from Capquest before.

 

CAPQUEST

 

DEBT RECOVERY

LETTER BEFORE ACTION

Re; XXXXXXXXXXXXXX

AmountXXXXXXXXXXXX

We note with regret that you have chosen not to deal with this matter despite our numerous communications to you endeavouring to assist you in coming to a

satisfactory arrangement to settle this account without the need for legal action.

Your account has now progressed through our pre-litigation system with the relevant validations and checks now complete. Your account will now be passed to our solicitors for legal action to commence on or about 06 Jul 06.

Once the litigation process has been instigated and a judgment has been granted, we will enforce the judgment with a Warrant of Execution. A Court Enforcement Officer (Bailiff) will be assigned immediately to attend your address as endorsed on the warrant.

The Bailiff will take an inventory and levy goods. You will be informed that the Bailiff has impounded the goods and you will be asked to sign a Walking Possession agreement, acknowledging that the impounded goods are in the possession of the Bailiff. If full payment or a satisfactory offer of a payment plan is not made, the Bailiff is authorised to remove the goods for sale to pay the debt and costs.

A walking possession agreement means that the goods that have been seized now legally belong to the Bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.

The fees charged by the bailiffs will be added to the amount owed. Any additional costs for removing and selling goods will also be added to the amount you owe. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value This means that if you owe £50 a bailiff may seize goods to the value of at least £500.

It is therefore in your interest to prevent the above course of action by contacting this office immediately to discuss settlement of this debt. Our experienced pre-litigation team are on hand to assist you, but this can only happen if you make contact before 06 Jul 06.

Be in no doubt, failure to respond within the time stipulated will result in legal action being instigated and we will utilise the legal system to its full extent to ensure that this account is settled.

Call now on 0870 0843516 to discuss the most suitable method of payment to clear this overdue balance or

send your payment to P 0 Pox 396, Fleet, Hampshire, GU51 2WZ quoting reference number, W74542, on the

reverse. Alternatively, you can pay by debit or credit card, a 2% charge will be made on any credit card transaction.

Yours sincerely

‘Undecipherable scribble’

Litigation Executive on behalf of CapQuest Debt Recovery Limited

CapQuest Debt Recovery Limited Fleet 27 Rye Close Fleet Hampshire GUS 2QQ

Registration No. 3772278 England Consumer Credit Act Licence No. 475757 Registered Offices at 9 Clarendon Place, Leamington Spa, Warwickshire, CV32 SQP.

The amount that they are chasing??....................................................... £58.93

Yes, fifty eight pounds ninety three!!!!!!!!!!!!!!!!

Elsinore

[Movingon]

LOL!!! They really lay it on thick don't they? NONE of those things will happen unless you fail to attend court etc.

 

I can feel a "Dear Sir, I do not acknowledge any debt to your company" letter coming on.

 

Despite your assertion, this letter was the first I received etc etc.

 

They can sit & whistle as long as they like for the money...

[MARTIN3030]

I got exactly the same letter before sending them a reply

 

 

Dear Capquest.

 

Thank You for your letter dated 7th June 2006.

 

Firstly I am most grateful to you for pointing out your procedures for

collecting debts owned to The Royal bank of Scotland,and I take note of

your stated legal action intent.

 

Perhaps likewise I could similarly point out some details to you.

 

1. The amount you are claiming from me consists of some/if not all illegal

penalty charges which were added to my former account with the RBS.

 

2. I have sent a request(which has been acknowledged by them )to the RBS

for full transaction details under the Data protection Act which will

highlite the said charges.

 

3. It is my intention ALSO to pursue legal action for the recovery of the

said penalty charges through the proper legal procedure and will include a

request for interest at the stat rate.

 

May I also remind you that I will be making a request to yourselves to see

the ORIGINAL agreement signed by myself with regards to any Royal Bank of

Scotland accounts,and you are required to supply this under the terms of

the consumer credit act 1974 failiure to do this is an offence.

 

I will be sending you the above information by special royal mail delivery

with a reminder of the time limits that you have to respond .

 

In the meantime you may wish to review the contents of your own letter to

me stating your intended action against me on or after 13th June.

 

I make it clear here that this action will be vigourously defended using

all means at my disposal including references to recent litigation and

rulings.

 

Yours Faithfully

 

 

 

I also send them a letter requesting deed of assignment and cca request to which they did not reply.

Yesterday I reported them to trading standards.

 

:o

[elsinore]

 

I can feel a "Dear Sir, I do not acknowledge any debt to your company" letter coming on.

 

 

I've already sent it!!

[elsinore]

It makes you wonder if, having got wind of what's happening, they are issuing as many of these demands as possible, in the hopes of cashing in before the roof falls in on them!!

[MARTIN3030]

True that may have been their original intention but now they are feeling the weight of consumer power.

Many of these dcas are now sending files back (thats their language for lets forget about it !!

[elsinore]

Many of these dcas are now sending files back (thats their language for lets forget about it !!

 

:D

[chrismc]

Well Elsinore I am glad you only owe them £58 alegedly!!! otherwise I think they would have sent a lynch mob around by now, no trial no hearing just throw a rope over a tree, after they have extracted everything from your wallet that is

 

I think you guys are right, they know people are starting to fight back and beginning to learn their rights. Power to the People!!!!!;)

[chrismc]

Elsinore

 

Just had a thought, why not send them an Invoice for your time, for it has taken you for you to point out their failings. I think 58.793 sounds about right, also enclose a 7 day letter of your own just for laughs!!!

 

Chris

[chrismc]

Firstly I am most grateful to you for pointing out your procedures for

collecting debts owned to The Royal bank of Scotland

 

Nice one Martin,......that should wind them up no end!!!!

[Nightmare4banks]

Hi all!

 

A DCA has just stated to pester me with e-mails!

 

This is probably because I keep one of mobile phones ALWAYS switched off due to the non-stop calls.

 

The DCA is called ECI - European Collections & Investigations based Surrey.The Creditor is Humpty Dumpty - EGG!

 

Has anybody had this sort of experience - pestering with e-mails?

 

Many thanks for your replies in advance.

[MARTIN3030]

I think I am right in saying that there is legislation about this and you can report it.

 

To be honest I have not heard of then doing this but I have read about the possibilities.

No doubt someone who knows the legislation will confirm.

 

You may even find this yourself if you look through the dca threads

 

[seylectric]

I think I am right in saying that there is legislation about this and you can report it.

 

To be honest I have not heard of then doing this but I have read about the possibilities.

No doubt someone who knows the legislation will confirm.

 

You may even find this yourself if you look through the dca threads

 

 

It's harrassment, simple as. Report them to the organisation they belong to and while you're at it ask them how much they are willing to pay you out of court for the stress they have have caused you as a result of their illegal harrassment. For good measue get an appointment with your doctor to see if he can give you anything for stress. He probably won't but it will be on record then.

[elsinore]

Meanwhile you could blacklist/bounce all emails from that source

[seylectric]

elsinore,

 

"Once the litigation process has been instigated and a judgment has been granted, we will enforce the judgment with a Warrant of Execution. A Court Enforcement Officer (Bailiff) will be assigned immediately to attend your address as endorsed on the warrant.

The Bailiff will take an inventory and levy goods. You will be informed that the Bailiff has impounded the goods and you will be asked to sign a Walking Possession agreement, acknowledging that the impounded goods are in the possession of the Bailiff. If full payment or a satisfactory offer of a payment plan is not made, the Bailiff is authorised to remove the goods for sale to pay the debt and costs."

 

Utter drivel. They can send the bailiffs out but they have NO right of entry as long as your premises are locked. Yes, you might be ASKED to sign a walking possession agreement but there is NO legal requirement whatsoever for you to do so.

 

Incidentally a bailiff will only be assigned if the judge deems it appropriate to do so. send in a letter stating something like you do not believe you owe the amount stated - in otherwords create an element of doubt - and the judge will have little option but to throw out their application, so the use of the word "will" is intimidating and misleading, which of course makes it illegal.

[Nightmare4banks]

Hi all!

 

Thanks Martin3030,mate for your posting.

 

If I get bombarded with e-mails - I am thinking to sue under the "spam" laws.

 

I say this because- (brushing aside the laws relating to consumer credit and data protection etc....)

 

I know that somebody won a case under the spam laws because he received "unwanted" e-mails from a particular company and was cheesed off.So he sued and got £270.I cannot remember where I read about this case but I think it was one of the first cases to be brought to the attention of a court in England & Wales.

 

Any thoughts?

[MARTIN3030]

The relevant section of the Administration of Justice Act

The Office of Fair Trading (OFT) Debt Collection Guidance of on harassment

How to deal with harassment by your creditors.

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT

“S40 Punishment for unlawful harassment of debtors.

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

 

harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[elsinore]

seylectric.

No need to worry mate, if you go back up this thread a bit you'll see that I have already responded. You will be able to read it tomorrow on my thread Elsinore v capital one

[MARTIN3030]

UK bans spam messages

 

 

Spam said to make up half of all e-mails sent

The UK has made spam a criminal offence to try to stop the flood of unsolicited messages.

Under the new law, spammers could be fined £5,000 in a magistrates court or an unlimited penalty from a jury.

But they would not be sent to jail, according to the new measures introduced by Communications Minister Stephen Timms.

Spam has become the bane of internet users, with junk messages making up more than half of all e-mails sent.

 

Permission to send

"It's crucial that people feel safe and have confidence in utilising electronic communication technologies," said Mr Timms.

"These regulations will help combat the global nuisance of unsolicited e-mails and texts by enshrining in law rights that give consumers more say over who can use their personal details. "

The measures take effect on 11 December and will be enforced by the Information Commissioner.

Under the new law, companies will have to get permission from an individual before they can send them an e-mail or text message.

But the regulations do not cover business e-mail addresses, despite some calls for a blanket ban on spam.

The anti-spam group, Spamhaus, has criticised the law for excluding work addresses.

"Britain has disappointed the internet community by actually legalizing the spamming of British businesses," said a Spamhaus statement.

"From 11 December it will be legal to send spam to the millions of hapless employees of British businesses.

"Britain's firms will continue to suffer the onslaught of ever more spam, now from spammers claiming legality," it said.

Jail in Italy

The British measures are not as drastic as Italian anti-spam laws.

Earlier this month Italy imposed tough regulations to fine spammers up to 90,000 euros (£66,000) and impose a maximum prison term of three years.

EU legislation banning unwanted e-mail is due to come into force on 31 October, but correspondents say that, given the global nature of the internet, it may have little effect.

Most spam comes from the United States and Asia, and will be outside its reach.

The EU legislation leaves it to each member state how to enforce the legislation, as long as the enforcement is "effective".

The UK legislation also sets guidelines for the use of cookies, electronic tags that help websites keep track of visitors.

In future, people will be able to insist that sites do not store their personal information.

[seylectric]

Thanks for the OFT thread Martin, very useful stuff.