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    • Yes, but the process starts here... https://ico.org.uk/make-a-complaint/data-protection-complaints/what-to-expect/ This involves making a complaint to GS first before approaching ICO. However, at the time of the complaint, I beleive we'd advise the complainant to ask for some compensation and take it from there. @FTMDave?? No, I meant this forum, The Consumer Action Group, where you're posting right now.😄 (We're in the slow process of rebranding as The National Consumer Service.)
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    • Thank you. The npower debt was from 2019/2020 until EON took over the account late 2021.   npower had set a DCA on me even though I owed them nothing. I spoke to a customer service agent, following up by email, who confirmed I was in credit . I made a complaint to head office who sent a barrage of emails, changing the amounts each time. According to them, I owed £279.   The debt grew to what it is now as first npower and then EON subsequently failed to put a payment arrangement and direct debit in place to pay off this supposed sum and my ongoing bills.   I was very ill with Covid, struggling in lockdown with a disabled child and informed them of all this.   EON stopped their legal action when I took them to the ombudsman as this was part of my complaint and requested remedy but I have not received a notice of discontinuance.    I would like to set up my own dd to pay them off but am concerned they could still take legal action. I am on a low income and can’t afford to pay them more than a token amount each month.   
    • Thank you guys! @lookinforinfo thank you for the case, it seem to similar with my case which is gold. @Nicky Boy shouldn't be ICO?   Personal data breaches: a guide ICO.ORG.UK   For CAG I found this  The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information. This includes providing advice to us, the Health Research Authority (HRA) for research uses. It also provides advice to the Secretary of State for Health for non-research uses.
    • HB - yes I agree it is about their paperwork and advice.  I need to be clear in my head what my complaint is.  And what a result looks like for me? (They should never have placed me with the shark with whom I've had all sorts of issues - but I don't think that's my complaint focus -v-  broker) 
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Arrow/Restons M+S card statute barred


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Hello, Can anyone help answer a few questions I have regarding a court claim?

 

Name of the Claimant ? Arrow Global / Restons

Date of issue 08th September 2016

Particulars of Claim:

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013.

 

2.PARTICULARS a/c xxxxxxxxxxxxxx

DATE ITEM VALUE

07/06/2016 DEFAULT BALANCE 564

Post Refin Cr NIL

TOTAL 564

I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred.

I have not submitted my defence yet.

 

Actions so far

Court claim dated 08th Sept (recieved 12th Sept)

Acknowleged claim 14th Sept

CPR.31.14 to Restons on 15th Sept

CCA to Arrow 16th Sept

 

I believe the debt is statute barred ( last payment/contact over 10 years ago)

so should I go ahead and submit my defence now on the grounds the debt is statute barred,

or should I wait for paperwork re the CCA and CPR requests?

 

Thank you for any help! :)

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If you're certain no payment or acknowledgement of the debt in writing has been made in 10 yrs and its not showing on any credit files (check at www. Clearscore.com) then yes you can file SB defence now and kill it dead.

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The following defence is all you need if it is SB

 

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

 

..ends..

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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Thank you both so much for your fast response! I will submit SB defence

 

I actually sent the claimant the statute barred letter template letter in response to their 'letter before action' but they rejected it, they said it was unacceptable as I had printed my name and not signed it. That letter was quickly followed by the court claim.

 

Thank you again, will keep you updated :)

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silly beggars

 

 

you don't have to sign it at all.

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

Good stuff, let us know what you get back from the court next to keep the thread updated

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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If it is 100% irrefutably SB then keep that letter safe and should they choose to proceed you can incorporate their reply into your witness statement to show their utter contempt that despite being informed prior to the issue of the claim that any alleged debt claimed is SB,

 

they chose to reject that without any justifiable reason other than the bizarre explanation that the response to their LBA was digitally signed and therefore not acceptable to them.

 

If it's a slam dunk case of SB then it may help with getting costs for their unreasonable behaviour.

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  • 1 month later...

Thank you everyone for your help and to update my thread. I have heard back from Restons and Arrow but they have not supplied me with any paperwork regarding the alleged debt.

 

Briefly Restons say I should have enough information when I took out the card and Arrow say they do not accept that they are the creditor as envisaged by the statute (CCA 1974). They go on to say that it is not SB because I made a payment of £2 in 2012.

 

This debt is so old I don't have any paperwork to even verify the account number they are using to pursue this debt, and I definitely did not make any payment in 2012.

 

I'm drafting a response to Arrow, but would appreciate any input on what to include in my letter? Thank you again :)

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You don't reply

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

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