cca request another persons details recieved

[waddington24]

my partner has an on going arangement with cl finance a debt that was sold

to them by ge capital 5 years ago, in september of last year she requested from

them a copy of the agreement cca request 77-78 and paid the £1 fee for this

request,after sending them countless letters complaining that this request was

still outstanding they finaly sent a copy of the agreement in febuary

however the agreement was for another person,showing details of loan

account, bank details etc..this was a clear breach of some one elses data

protection, she contacted the people whos data had been breached and posted

the document to them explaining what has happened,they have since complained

to cl finance and the information commissioners office, she also wrote a letter of

complaint to cl fininace about the breach of some one elses data and the fact

they still had not sent to her a copy of the agreement she requested

and gave them 28 days in which to rectify the matter,she finaly recieved a letter

on thursday confirming thay do not hold a copy of the agreement and have contacted

ge capital for a copy and they also do not hold a copy,the account number my

partner has is the same as the persons whos data had been breached and this

was printed off when my partners account details were entered for a copy of

the agreement,but the member of staff dealing with the agreement didnt

check that the details were correct and just posted it to her,however in their

letter they explian that although the agreement is now unenforcable,she still

has to pay the debt other wise they will send her details to a debt collection agency

and mark her credit file as an unpaid debt and they say this is what the office of

fair trading would say if we contacted them about this ? and to keep up the repayments

now if this is the case,does she continue to pay or stop payments altogether ?

she has complained to the information commissioners office and working with the

other people whos data had been breached to make a formal complaint,in fact

they have become good freinds through this.

 

many thanks in advance.

[Conniff]

Sorry not statute barred, no cca, sorry mis-read.

 

Are you saying she has continued to pay ??

[waddington24]

her payment isnt due for another 2 weeks the remaining balace is about £2000

and she pays around £30 a month the £1 fee is being returned to her as they

have,nt provided her with a copy of the agreement and confim in the letter

there isnt one but to still pay what she owes and at the rate she has been paying

other wise it will go to a debt collection agency and late payment fees will be

incurred.

 

thanks conniff

[Conniff]

The account is obviously in dispute, so stop paying, they have admitted they can't collect. Giving it to someone else to collect don't change anything, you don't have a contract or agreement with them either.

 

How much of this is charges ? Is there any ppi you can claim back on the loan ?

[waddington24]

hiya conniff

 

it was a defaulted loan from about 7 years ago ,theres no ppi on the loan

the original creditor was beneficial finance who sold the loan on to ge capital

who gave her an arrangement to repay the balance due to financial difficulties

she paid them for about a year they then sold the debt on to cl finance

the only paper work she has received from them in the time they have had

the account is regular statements showing amount paid and outstanding balace

 

thanks again.

[rebel11]

Hi waddington

 

Have a read of no.5 in my signature.

 

Thread has been moved to the correct forum.

[up2meears]

Hi Waddington,

 

Just a quick heads up. Keep your eye on CL Finance as they love issuing court papers. They ignored all my correspondence requesting payment plan, CCA etc and sent straight to Howard Cohen Solicitors who got a judgement against me for a £400 debt.

 

Good luck with them

Up2

[waddington24]

hi up2meers

 

thanks for that will bear that in mind,my partner is now waiting feed back from

the information commissioners office to see what happens next.regarding the

breach of the other persons data sent to her.if cl or ge capital do not hold any

documentation of an account how can they make any one pay whats owed

when there is no proof of debt ? if that is the case and they are saying that

although the debts not enforcable and she should maintain payments,she should

be within her rights to say i will pay you £1 a month from hereon until the debt

is paid,no agreement no agreement of payment shedule.

 

will take a look rebel 11 thanks for that.