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    • Hey! Sorry for not writing, I have been extremely busy in the past few weeks. I do have a question though and I wanted to see your opinion. I understand that the next step will be probably to take legal action against Amazon. But there is one thing that I haven't tried yet. What do you think about filing an official complaint through a third party, like https://www.econsumer.gov/#crnt or with the relevant (private sector?) ombudsman (I am not sure where I could do that)? And if I am not happy with the ombudsman's decision, I could still take court action. 
    • what about the unnecessary building insurance?   but to be honest you are not going to ever seriously dent a £148k sum  
    • No just the year stated from 2019
    • Or even the off-premises definition c will apply here too. a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;   I am not sure what would be classed as 'immediately'   Great to have this discussion by the way which I hadn't contemplated.
    • No negotiations or discussions took place at the agent's premises - the only face-to-face contact was at my home when the agent came for initial introduction and appraisal of the property. Good question regards to the difference between the two. I guess the distance contract applies to sole online purchases whereas bullet (b) of off-premises contract applies to me as the agent's represented visited my home and the offer was made then for the services.   “distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;     “off-premises contract” means a contract between a trader and a consumer which is any of these— (a) a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; (b) a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; (c) a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; (d) a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
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Please can anyone offer me some advice,

 

I owe 12K to welcome and I am paying them back at a reduced rate,

 

however everytime I get a phonecall off them they ask for date of birth,

so I give it to them and some will say that it is fine and other people will say that we have a different date of birth for you,

but then go one to talk about my account.

 

Am I right in saying that this is against DPA as if I give a different DOB to what they have on their records they should not continue with the conversation?

 

Also how far back can you go to reclaim PPI

 

I believe I took the loan out before 2005 so I may not be covered by normal SAR?

 

can any one help or point me in the right direction with these questions?????

 

Thanks in advance

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Yes you are right they are violating the DPA.

 

The SAR goes as far back for any data they hold.

 

You can claim back PPI as far back as you like.

 

The fact that your claim pre-dates 2005 will likely be a benefit to you as you stand a better chance of actually getting cash back.

 

After 14 January 2005, the FSCS are dealing with the claims and are applying compensation back into the loan to offset the balance owed.

 

Send your CCA request and SAR.

 

Dont wait too long, with all the claims against them, who knows how long til the pot of money has gone empty?

 

It will be interesting to see if the SAR records you giving a wrong DOB. I doubt it though.

 

They are foolish though...so who knows?

 

Youre better of refusing to answer at all.

 

And record their calls if at all possible, especially if they are violating your data security rights.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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  • 2 years later...

Hi All,

 

I have received a letter sorry a note from Hillside saying that I have a message waiting for me and I am to contact them within seven days otherwise the message will no longer be available.

 

I am fully aware that these are a track and trace, DCA company. They have also telephoned my home asking to speak to me but I wasnt in.

 

I am at a lost as far as I am aware I have no outstanding debts that I am not dealing with already.

 

So do I contact them or not ?

 

I know the bank and a mobile phone company have wrote to me after having defaulted my accounts back in 2008 despite no payments being made for over 6 years and no default notices received.

 

I could certainly do with some advice on how to tackle this one.

 

Oh I almost forgot Welcome have also terminated my contract after refusing to cash my cheques for payment as they wanted a direct debit set up, but I have a basic bank account due to my financial status. So does that mean they need to stop processing my data in accordance with DPA.

 

Sorry for all the questions but I dont know which way to turn.

 

thanks in advance

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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No No No... If they ring back just say, "I dont know who you are" and just say"In Writing"

Phishing attempts that we see all the time.

 

When something with more substance turns up then kick into gear

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I have heard that these people phone neighbours as well I don't want this to happen are they allowed to do this?

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Hi All,

 

Welcome finance have wrote to me to inform me that they have terminated my contract and that I have to pay £4960 or it will be sent to a DCA.

 

What can I do?

 

please help

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Share on other sites

Well this company contacted myself and caught me a bit off guard.

 

It turns out these are working on behalf of welcome finance who they put me through to without my knowledge. I complained about the underhanded tactics and that I have already told welcome that all contact is to be done in writing.

 

The guy from welcome said I just want to sort out repayment of the loan, to which I replied I have been making payments and yet you fail to cash them.

 

I asked for the address of the Data controller who I should send in a SAR and he went to give me a P.O.box address, I said that I wanted a correct address one that is listed on with the ICO, he said I can give you head office address but if I send it there then it will not get dealt with.

 

He now was me to complete another Income and expenditure sheet and I have to submit copies of my bank statements etc.

 

I would rather go to court than agree with these clowns.

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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No... Don't do the I&E form!

You don't have to bow to their demands!!

 

You pay what YOU can afford!!

 

They are refusing my cheques now they have terminated my contract and now using a tracing service to get me phone number even though I had wrote to them asking to put everything in writing I feel as if I am being bullied by these clowns

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Share on other sites

4 threads on same debt mereged

 

knowing welcome

 

they prob owe you money

in PENALTY charges and PPI/other insurances

by reclaiming.

 

the address to use is in the sticky on this welcome finance forum

where your thread is located

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
They are refusing my cheques now they have terminated my contract and now using a tracing service to get me phone number even though I had wrote to them asking to put everything in writing I feel as if I am being bullied by these clowns

 

I wanted to jump in and offer you some support and advice.

 

I currently have this lot in court.

They are very very incompetent.

 

My case has been in court going on three years now.

Each time I got to a hearing, they try some dirty under handed tactic,

but luckily, I have always been well prepared with my evidence.

 

They like to be "creative" with their evidence, and in my case,

most of the judges have been able to see what they are doing.

 

Now what should have been a simple half day trial for PPI

(they upheld my claim but were undervaluing the amount to be paid back,

and claiming the right to offset against arrears, of which there were none),

has ended up being a multi-track trial.

 

So far, the trial itself has lasted four days and I still have to go back after the new year for final submissions,

not to mention the 7 preliminary hearings that were held before the start of the trial.

 

Bottom line...if you do end up having to face them in court,

your evidence will be the thing that wins the day for you.

 

Make copies, or at the very list a log of every cheque and payment.

 

Also get your full statement of account and your SAR if you haven't already.

When you have those two things, you will be in a much better position to determine your best course of action.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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nice to see you around MrZ happy Xmas!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
nice to see you around MrZ happy Xmas!!

 

Thanks DX, Happy New Year!

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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  • 7 months later...

Hi There, I am need advice on this one.

 

I have today received a letter inside it contained two pages one from welcome dated 20/6/14

saying they have sold my debt and another page dated 22/07/14 from Aktiv saying they have bought my debt.

 

I have been making regular payments although the account is in default, and now I find out that they have sold my debt.

 

I am trying to consider my options on this one as I know I will get threatening phone calls / letters.

 

My first thought is to do a CCA request and my next thought is to go straight in to do a SAR as I believe that this debt is unenforceable.

 

I dont know what the protocol is when a company sells your debt,

but I am sure that it is not to send you two letters in the same envelope with one saying

it has been sold and the other saying it has bought it.

 

I have claimed back my PPI on this account although I do think I was done out of money

because the way in which they presented the figures were very obscure.

 

However that aside What should I do first?

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Share on other sites

merged with you existing welcome thread for history.

 

i'd send them a CCA request

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
Hi There, I am need advice on this one.

 

I have today received a letter inside it contained two pages one from welcome dated 20/6/14

saying they have sold my debt and another page dated 22/07/14 from Aktiv saying they have bought my debt.

 

I have been making regular payments although the account is in default, and now I find out that they have sold my debt.

 

I am trying to consider my options on this one as I know I will get threatening phone calls / letters.

 

My first thought is to do a CCA request and my next thought is to go straight in to do a SAR as I believe that this debt is unenforceable.

 

I dont know what the protocol is when a company sells your debt,

but I am sure that it is not to send you two letters in the same envelope with one saying

it has been sold and the other saying it has bought it.

 

I have claimed back my PPI on this account although I do think I was done out of money

because the way in which they presented the figures were very obscure.

 

However that aside What should I do first?

 

 

 

As dx said CCA to AK and I think a SAR to Welcome would be useful, if you have had problems with PPI.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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