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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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quick quid says I owe £400

news to me

never had any loads or debts,

letters from Arc Europe,

today 3rd letter bit confusing its bog run of the mill printer letter

 

a) we could now take steps to prepare a County Court Claim

 

b) latter in letters says payment or a court claim can be prepared 14 days after the date of this letter

Dated 28 Dec received 2 Jan

 

c) further down says, if unpaid our client (QQ) could apply for a formal court judgement and recorded on credit reference etc

 

letter one

I sent a reply saying no go,

not known debt an quite some legal quotes and prove the debt is mine

- they ignored that and sent letter two

 

Letter two pressure to pay

- I replied and said same and harassment etc ombudsman etc

 

letter three as above

 

Confusing - how should I react now is what I need to know

 

Copies/text of letter I can post is needs be

 

Many thanks in advance

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If you can scan and post up what you sent them that would be great! :thumb:

 

Welcome to CAG..

 

The first problem is that you sent them anything in the first place!

 

Have a look at your credit files, just ensure they've not left any mucky paw prints on it.

 

Because you have been corresponding with them, instead of ignoring them, they now believe they have hit their target.

 

IMO, I'd ignore them, keep a diary of events, especially regarding any harassment they may wish to conduct.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka Boo, thank you for your reply

 

I get what your saying re contact

I have been extremely careful what I have said

 

I hope your be pleased,

ie not my debt and for them to prove it's my debt,

as I understand anyone can request this and they can not take further action until that request is complied with which of cause has not.

 

They can not and do not have proof as I have never had any debts or loans in my life

 

I have also added the warnings in the letters

- I will sort the EXACT text of the letters for you.

 

I made them from reading on the internet before I joined here as now I am fed up but will never give in an pay,

they are just trying to scare me I think which also will just not work

 

I will sort and post ASAP in the morning,

many thanks again and hope you like my work and can advise me better

 

Never taken out loans or filled signed anything

 

Letter one: from me

 

15 October 2017

ARCEUROPE Limited

Kent House

Churchfield Road

Walton-on-Thames

Surrey KT12 2TU

Dear Sir/Madam

 

Account No: abc

Our Ref: xyz

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to CREDITOR.

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

 

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

 

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:

 

(1) pass the information provided by the customer to the lender or the owner; or

(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question. I remind you my request is all communication is made in written form and I request is made in writing.

 

In addition, if any default, adverse information, or account details have been reported to the Credit Reference Agencies regarding this account, I require you to remove any such information forthwith.

 

Recording false and inaccurate information on Credit Reference Files is a breach of the Data Protection Act 1998, and may also constitute an act of defamation on your part.

 

I await your written confirmation that this matter is now closed. Otherwise, I will have no option but to make a complaint to the Trading Standards Department and consider informing the FCA of your actions.

 

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

 

 

Yours faithfully

 

Letter two from me

 

 

 

11 November 2017

ARCEUROPE Limited

Kent House

Churchfield Road

Walton-on-Thames

Surrey KT12 2TU

 

 

Dear Sir/Madam

 

 

Account No: 123456

 

You have contacted me about the account with the above reference number, which you claim I owe.

 

I have no knowledge of any such debt being owed to.....

 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.

 

Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.

 

Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

 

I look forward to hearing from you.

 

Yours faithfully

 

As I say not sure if this is correct, friend helped me and this is what we pieced together from the internet clearly ARC are not reading, care or bothered

 

I guess its a case for knowing what to do and when or what not to do etc

 

I can scan the letters from ARC if that helps

 

Many thanks again

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have you moved in recent years?

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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hi dx100uk thanks for your reply

 

No been here donkeys years, never had any problems before

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well either someone has used your details to obtain stuff

or yours is a similar name to someone they are after.

 

pers I would never ever reply to any DCA

they are not bailiffs and have zero legal powers.

 

if you want to do anything deal with QQ directly and complain.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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^^^DITTO^^^

 

Silly children are barking up the wrong tree.

 

ARC are not reading, care or bothered

 

Exactly that, hence why it is futile in sending these clowns anything, not only can they not read, all of their responses and letters are spat out by a computer, with no human input whatsoever.

 

Like petulant children, ignore them and they get bored and go annoy someone else.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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if you get any more begging letters

a stiff letter to QQ is in order,

if they still persist then you will need to send a SAR to them and then you will be in a position to beat them with their own stick.

 

I bet someone has used your details to get a loan sent by BAC and the only correct bit will be their bank account details.

 

Once you have this detail from QQ (they will have to supply it because as far as they(and the law) are concerned it is YOUR data you will have all you need to report them to the FCA for failing to use any sort of due diligence before blaming you for their problems.

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Ok many thanks everyone for the information, some you will some you lose and some you just dont know about, wish I had

 

Ignored totally they will be anything they send, so much for being nice and honest and of cause costs me time and money

 

I will only worry if I get a letter from QQ saying actions to be taken right?

And at which point I go for a SAR etc ?

 

Many thanks again, feel loads better. Thank you

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write to QQ

COMPLAIN

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi dx100uk, ok so what do you think I should write, bar the obvious ie the history and situation etc

 

Anything I need to do, write or say?

 

Thanks so much for everyone advice and help means a lot, thank you again. Of cause I will keep posting step by step so everyone can see and maybe can help them also, all this is really not nice

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well your letter to arc will have been totally ignored

 

briefly start again.

why simply tell QQ you never took this loan out and to get their facts right

have they trashed your credit file.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi, thanks for the reply

 

not sure re-credit file, need to find out how to check

 

Ill sit tight for the 14 days see their next move I have not replied as advised here.

 

yes you right ignored and pointless writing to ARC I did not know any better at the time

 

If i get any more Ill write to QQ and state facts and go from there.

 

I will posts all letter up for everyone

 

Thanks again everyone, thank you

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noddle

clearscore

Experian

all are free


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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if your credit file has been trashed you need to write and complain and seek financial compensation.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi, really? Blimey thank you so much I will run through these and post up finding

 

Thank you!

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noddle

clearscore

Experian

all are free

 

Hi dx100uk, hope you're well

 

tried noodle couple times askes loads personal information is it safe?

 

Also I do not have credit card or debit card just an ATM card, that's it I am a cash only man, so I can not get past that section

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https://www.gov.uk/government/news/o...credit-reports

 

Consumers can now view their credit reports online for just £2 following an agreement with the three major credit reference agencies.

 

 

Victims of ID fraud and the financially vulnerable will get free access to their reports.

.

citizenB has just replied to a thread you have subscribed to entitled - Help! - Natwest have instructed capquest - large debt - in the Debt Collection Industry forum of The Consumer Forums.

.

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=330724&goto=newpost

.

Here is the message that has just been posted:

***************

not all the creditors/dcas report to ALL of the CRAs.. so to obtain a full check, you really need to contact the 3 main players.

.

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

.

 

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

.

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

 

.

You can either complete the forms online or send a letter (below) with a £2.00 postal order.

.

 

---Quote---

All of the three Credit reference agencies offer a paper version and they only cost £2

.

Noddle (who are part of CallCredit) off free online credit reports but as they are the smallest of the threee, they may not have all the info

.

Experian paper app.

http://www.experian.co.uk/downloads/consumer/cfa.pdf

.

Call credit

http://www.callcredit.co.uk/media/53...itfile-app.pdf

.

Equifax

http://www.equifax.co.uk/Products/cr..._file_0310.pdf

.

Send with a £2 postal order.

.

You can use Experians online free trial. just make sure you cancel before the trial runs out

.

 

Address

.

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

.

 

Dear Sir or Madam,

 

*Limited Data Subject Access Request

s9(2) The Data Protection Act 1998*

.

I hereby request a copy of my Statutory Credit Report, served under s9(2) of The Data Protection Act 1998.

.

I enclose the Statutory Fee of £2 paid via Postal Order, number: 123456.

For the purposes of confirming my identity, I can confirm the following details:

.

*My full name*:

.

*My Maiden Name: *

.

*My Date of Birth*:

.

*My current Address*:

.

 

I have lived at the above address for XX years.

.

 

I note that under s7(3) of the above Act, a data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

.

However, I feel the above information identifies me sufficiently to discharge your obligations to establish my identity before posting my Credit Report.

.

I am aware that you have 7 Working Days to post the Credit Report to me, commencing the day after this s9(2) Statutory Request has been delivered to your Company.

.

*This letter must not be regarded as granting your Company any Data Consent*.

.

Yours faithfully,

.

*Enclosures:

*1 x Statutory £2.00 Fee via Postal Order Number: 123456

.

*Notes*:this letter is being sent via Royal Mail Special Delivery service

---End Quote---

.

there is also

http://www.checkmyfile.com

.

....ends

.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Another letter today from ARCEurope

 

I ignored letter 3 from them as above posts after my two attempts to shake them off, still, no proof of debt as requested. I have no loans never have and have no knowledge of this debt

 

Letter says in short exact wording copied, can scan the letter if better

 

Not paid etc

"A county court claim has now been prepared against you and could be issued to Northampton County Court"

 

I live hundreds of miles away from that Court

 

What will happen next

If this matter is passed to our Solicitors for issue, our client will claim the following

Debt Balance 400

Court Fees 35

Solicitors fees 50

Annual interest (to be adjusted pro rata) 32

total 517

 

As you can see the issue of court proceedings will mean the amount claimed by our client could increase by as much as 117

 

then normal pay how to pay stuff or telephone etc etc

 

What do you think?

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Read it properly doesn't say will anything


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hey dx100uk

yes re read twice since posting and your right the only kind of will is at the beginning ie A County Court Claim has now been prepared, the rest is ifs and but

 

Ignore it?

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