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    • Have you suffered any loss from fraud?
    • Hi   I recieved the following email a few days back I sent a complaint but had no response or acknowledgement        Dear Me Unfortunately, I am writing to you to let you know that earlier this week we discovered that DivideBuy and its customers (including you) have been the victims of a cyber incident, which involved some of your personal data being accessed. I wanted to write to you as soon as I could, to let you know what we have discovered so far, and how we are going to protect you against any consequences of this attack. Details of the Data Breach In the last few days, since becoming aware of the incident, we have been working hard, together with external specialists, to make sure that all data is secure and that an attack of this kind cannot happen again. We have also established that within the information that was accessed it may be possible to identify: Name Date of Birth Address Telephone Number Email address Associated Alias Although some credit report information was also contained within the material that was accessed, this was not stored in a readable format and so is not likely to be able to be used by the person or persons who accessed it. Please be advised that the data compromised in the incident did not contain any bank account or credit card information.   Further Steps My primary concern, and the concern of everyone at DivideBuy, is to make sure that as far as possible you are protected from any worry or other adverse consequences as a result of this incident. In conjunction with TransUnion International UK Limited (“TransUnion”), one of the UK’s leading consumer credit reference agencies, we have therefore arranged a 12 Month subscription to TrueIdentity, an online monitoring service, at no cost to you. This credit monitoring service will notify you by email of critical changes to your TransUnion Credit Report.  Should you receive an email alert, you can review and validate the reported change by logging into the TrueIdentity portal. This allows you to identify any potentially fraudulent activity on your TransUnion Credit Report.   How to access TrueIdentity To take advantage of this service and help protect your identity, please visit:  https://trueidentityassist.creditview.co.uk And enter the following Secure Access code below before 30th March 2021: DVB1346 Upon successful completion of the registration process, you will have access to the following features: Unlimited online access to the TransUnion Credit report. Unlimited online access to the TransUnion Credit Score, with score factors analysis. TransUnion credit monitoring alerts with email notifications to key changes on a consumer’s credit file. Unlimited access to online educational resources concerning credit management, fraud victim assistance and identity theft prevention.   What should I do if I believe I am a Victim of Fraud? If you believe you are a victim of fraud, check your credit report and dispute activity via your TransUnion Credit Report that you do not recognise. TransUnion will then contact the Lender who has provided the data to make them aware that the data is possibly fraudulent. The Lender will then perform a fraud investigation and remove any data if they find evidence that fraud has occurred. You may wish to add password to your credit file as an extra level of security, so any lenders performing a credit search will need to request the password from you so they can proceed with the application. You can do this by adding a Notice of Correction (NOC), for free, to your credit file. You can do that by emailing [email protected] with the wording you would like to apply and include your full name, address, and date of birth.  Please bear in mind that Notice of Correction data is not shared across the credit reference agencies. You can also request a Notice of Correction to be raised with the other credit agencies too, please see their contact information below:    Experian Ltd: https://www.experian.co.uk/consumer/guides/notice-of-correction.html Equifax: https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/What-is-a-Notice-of-Correction1   You may also wish to contact Cifas, the UK’s fraud prevention service. They will be able to apply a Protective Registration warning on your credit file, for an administration fee.  To inform Lenders that you think your data could be at further risk of fraudulent access, so they can make additional checks to protect you moving forward.   The Protective Registration flag can be applied to your file with immediate effect by telephoning 0330 100 0180 (and must then be confirmed in writing).  You can also apply online at www.cifas.org.uk/pr_for_individuals. I, together with all of my colleagues at DivideBuy, truly regret any inconvenience this may have caused you, but we are working hard to put this right and to make sure that it cannot happen again.     Rob Flowers Chief Executive Officer   You are receiving this important information email because some of your data was on our database at the time of the data breach. You have NOT been added to our marketing lists or any other email list. We are sending this email to a list of people to provide important and urgent information updates about the data breach ONLY. You will not receive any marketing emails from DivideBuy unless you have signed up to receive marketing emails from us. If you wish to contact us regarding the matter you can contact us by post or email [email protected] www.dividebuy.co.uk Copyright © 2021 DivideBuy, All rights reserved. DivideBuy, Brunswick Court, Brunswick Road, Newcastle-under-Lyme, ST5 1HH, UK     I went on the dividebuy live chat and was told that dividebuy are not giving compensation for this breech, what can I do as this is causing me all sorts if worry now that my identity is going to be used in fraud, they have offered the 12 month transunion thing but I can't help but think this won't pick everything up on the dark web. I suffer from bipolar and I am really struggling to deal with it.   Is it worth me starting a County Court claim for damages or would I be wasting my time. Or would it be too early to start that and need to go through a certain route?   Tia
    • It was £229 DIGIHOME 32INCH HD READY SMART TV   Dx100 so ill have to wait for them to get back to me and then take it to a repair shop to diagnose the fault? Do you think there's any chance they might just replace it? It was only £229 which is not a lot to them but not an amount i can afford to just replace unfortunately.  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Lowell claimform - Simply Be CAT debt. ***Claim Discontinued***


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And here's another one.

 

Name of the Claimant - Lowell Portfolio I LTD

 

Date of issue – 16 JUL 2018

Date to acknowledge) = 03/08

Date to submit defence = 17/08

 

Particulars of Claim

 

1) The Defendant opened a Simply Be Regulated consumer credit account under reference xxxx on 10/02/2015 ('the agreement').xxxx

 

2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

 

3). The Agreement was later assigned to the Claimant on 12/01/2017 and written notice was given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £4XX.XX remains due and outstanding.

 

And the claimant claims

a)The said sum of £4XX.XX

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.089, but Limited to one year, being £32.58

c)Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? I don't think so, she has been keeping that comes in now instead of throwing it away and she does not have a copy of that.

What is the total value of the claim? - £5XX.XX

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? A Catalogue

 

When did you enter into the original agreement before or after April 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? Debt Purchaser.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unknown

 

Did you receive a Default Notice from the original creditor? Unknown

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unknown

 

Why did you cease payments? Payments became too much, the Catalouge kept increasing her limit every month so she spent it, despite being unemployed.

What was the date of your last payment? Early 2016

Was there a dispute with the original creditor that remains unresolved? No.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, offered reduced payments to clear but they kept adding interest on it which made clearing impossible. They did not respond to further contact through the account portal.

 

Marked as defended and CCA/CPR will be in the post.

Edited by dx100uk
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old hat at this now john.

 

plenty of cat defences here when needs be.

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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  • 3 weeks later...

Two letters from Lowell Financial(nothing from the solicitors).

 

Both state she has requested documents from this Morses account and give a different account number to that on the claim form.

 

Do we need to do anything about that?

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no just don't miss your defence filing date

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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Erm..what has a cat debt got to do with Morses??

They were a doorstep loan company??

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

Wires crossed?

Sent to wrong person?

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

The Defendant contends that the particulars of claim are vague and

generic in nature.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

The Defendant accordingly sets out its case below and relies on

CPR r 16.5 (3) in relation to any particular allegation to which a

specific response has not been made.

 

1. The Claimants case is denied. Whilst I have had dealings with Simply Be in the past I cannot recall the specifics nor am I aware of any default notice or legal assignment the claimant refers to within its particulars of claim and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

 

2. It is denied that any amounts are due under any contractual agreement.

 

On receipt of this claim

 

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class recorded post on 24/07/2018.

 

Further to the above I sent Lowell Portfoilio I LTD a section

78 request via 1st class recorded post on 24/07/2018.

 

To date, neither Lowell Solicitors nor Lowell Portfolio have supplied the requested information.

 

Therefore with the court’s permission the Claimant is put to

strict proof to

 

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5 (4) it is expected that

the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer Credit Act 1974.6.

 

By reasons of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

 

-------

 

Did I use the PAPDC correctly?

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I dont think you should deny...better ways to rephrase it without perjuring yourself.

 

 

1. The Claimants case is denied. Whilst I have had dealings with Simply Be in the past I cannot recall the specifics.......

We could do with some help from you.

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In the above defence yes...I assumed you wanted opinions on it ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 4 weeks later...

Copied to sols?

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 months later...

Well done

Thread title updated

 

Please consider a donation to keep us here

 

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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Share on other sites
  • Andyorch changed the title to Lowell claimform - Simply Be CAT debt. ***Claim Discontinued***
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