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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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i raised a complaint to peachy for IRL (due to my gambling addiction at the time) they left no credit footprint at the time of applying on the 19th April (however they did on the 9th April when i didnt apply there) i admit i lied about my expenditure to fuel my habit

 

not sure how to respond to them here.

 

Dear OP

 

We are writing to you in response to your complaint we received on 13/05/2018.

We have investigated your complaint competently, diligently and impartially. We have assessed the subject matter of the complaint and would like to provide you with our views on it.

 

We can assure you that it was never our intention to harm you in any way. As creditors, we abide by our statutory obligation under the Consumer Credit Act 1974 to undertake a sound, proper and appropriate assessment of creditworthiness to assess the borrower's ability to afford the proposed credit commitment. In addition to assessing creditworthiness, we do our best to always undertake an adequate assessment of affordability.

 

Firstly, to ensure you have a clear overview of your lending history with us, we would first like to provide you with a breakdown of your borrowing with us.

 

You took out 1 short-term loan, of £100, from Peachy on 19/04/2018 and it was scheduled to be repaid in 5 instalments on a monthly basis, however, before the first repayment was due you opted to top the loan up by £200 making the total principal borrowed £300. Currently you are still repaying the loan as per the instalment schedule.

 

The affordability assessment is based on the borrower’s financial position as a whole and takes account of information that we are aware of at the time the credit is granted. As creditors, we employ the use of a variety of types and sources of information to assess affordability.

 

You provided us with the following information that you confirmed to be correct. You stated that you were in full-time employment with XXXX, earning £1300 net per month, against which you listed the following expenditure:

 

● Monthly rent: £200.00

● Monthly utility bills: £0.00

● Monthly expenses on food: £120.00

● Monthly expenses on transport: £120.00

● Monthly expenses on insurance: £0.00

● Monthly short-term loan commitments: £100.00

● Monthly credit commitments: £50.00

● Other monthly commitments: £0.00

● Total monthly expenses: £590.00

 

This left you with a disposable income of £710, which was more than enough to cover the small monthly instalments.

 

As you had also told us that you were single and living with your parents at the time, we had no reason to question the relatively low expenditure in regard to financial commitments due in respect of mortgage contracts, payments for rent, council tax, etc.

 

When you provided this information, you also confirmed that you have provided accurate information and considered potential future income and outgoings in determining your ability to repay.

 

We note that we are not obliged to ask for copies of your bank statements, however, the information we obtained from you, the customer, was compared against data received from the Credit Reference Agency and the information received from Callcredit did not suggest that you may be experiencing financial difficulties or unable to afford the loan repayments.

 

Although our use of credit reference data exceeds industry standards, we recognise that the process of assessing affordability is assisted by all of your creditors registering accurate data with Credit Reference Agencies, in a timely manner, about the performance of an account and/or settlement of outstanding debts/arrears.

 

As our credit searches did not unveil any indicators of financial difficulties we would advise you to contact Callcredit UK to check if all of your creditors have reported accurate information on your Credit File to make sure that when you make a loan application, the information received from the Credit Reference Agency is correct and complete.

 

In case you claim to have been unable to afford the loan due to commitments to other lenders then it is quite possible that the other creditors did not report accurate information which caused other lenders to be unaware of all of your credit commitments.

 

Our application form is designed to provide customers with all the information they need to make a well-informed decision about whether the loan is affordable for them.

 

In compliance with the relevant provisions in the Consumer Credit Act 1974 (as amended) and regulations made under it, we provided you with sufficient pre-contractual information before the agreements were concluded and enabled you to have the time to reflect on that information before making a final decision. You were provided with the following documents (attached)you’re your consideration:

 

- The Standard European Consumer Credit Information (SECCI)

- Adequate Explanation

- Terms and Conditions

- Credit Agreement

 

You were also advised to study these documents thoroughly to ensure you understood your obligations and rights when using our service. In the Credit Agreement, it is explained that our loans are not suitable for long term borrowing as the costs are likely to be significantly higher than other forms of lending which are designed for borrowing over sustained periods. The terms and conditions also included a separate 'Responsible Lending' section in which it is explained that it is important that you do not take on more borrowing than you can afford and you were reminded that if you run into difficulties, it is important to contact us immediately.

 

In addition, by signing the Credit Agreement, you also confirmed that you are not:

 

“a) in a Debt Management Plan (or similar scheme) or considering entering a Debt Management Plan (or similar scheme);

b) in an I.V.A or are considering entering into an I.V.A.;

c) bankrupt or considering filing for bankruptcy;

d) under notice of termination of employment, redundancy or any other notice which could affect my employment status;

e) in receipt of Statutory Sick Pay or suffering from any medical condition which would cause me to apply for Statutory Sick Pay during the period of the loan;

f) in receipt of any benefits instead of my usual wages, salary or other income declared in my application."

 

If you knowingly or recklessly provided us with information which was false or misleading about your financial situation then this made it impossible for us to adequately assess the affordability of your loan and we cannot be held culpable for not knowing about your actual circumstances at the time.

 

In addition to all of the above, borrowers should always also undertake their own assessment of affordability concurrent with that undertaken by the creditor. The onus is on the customer to provide correct information and in addition to responsible lending, responsible borrowing is also very important.

 

We are certain the extent and scope of the affordability assessments undertaken were sufficient because we considered a variety of factors before approving your loan application. There were no indicators that you may be experiencing financial difficulties.

 

We have also considered that you have only had 1 loan from Peachy, which does not indicate a pattern of frequent borrowing or dependency on our loans.

 

Furthermore, we have considered that you have not even repaid the principal sum borrowed.

 

Based on all of the above, we unfortunately are not able to uphold your complaint.

 

We recognise that this may come as a disappointment but hope our explanations have helped clarify why we are not able to uphold your complaint and we would kindly ask for your confirmation whether you consider your complaint resolved to your satisfaction.

 

This has been our final response. Should you remain dissatisfied with our explanation and the outcome of your complaint then you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

 

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.

 

You can find information about how to do this on the Financial Ombudsman Service website: http://www.financial-ombudsman.org.uk. There is helpful information about how to complain in the leaflet Your complaint and the Ombudsman which you can find at: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. We have also attached the leaflet to this email for your convenience.

 

 

Kind regards,

Peachy

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Removed Personal Info from this :)

Need to stop putting your name in here...

 

If you read our guide properly

 

1 - You would know not to respond to them

2 - You go to the FOS.

 

Looks like a template response to me... Just with some added extras?


 

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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simply trying to bamboozle you

off to the FOS time


..

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Removed Personal Info from this :)

Need to stop putting your name in here...

 

If you read our guide properly

 

1 - You would know not to respond to them

2 - You go to the FOS.

 

Looks like a template response to me... Just with some added extras?

 

god i keep forgetting about the personal info, thank you.

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