Boobaby vs GE Capital & DCA - Help please !!

[Boobaby]

Hi there bit long winded but I need to give all the facts etc... anyway here goes:

 

I have sent the particular company in question numerous letters since August starting with the Data Protection Act, which they did not respond to then the LBA as they did not comply and finally the CCA which TBH as soon as they received I have had a daily phone call to say that they -Buchanan Clark and Wells who I am assuming bought the debt off GE Capital (no paperwork from either at all, no statements and I have been paying them £85 a month for a couple of years as they were so very threatening originally, anyway I digress) are now looking at the situation and have contacted GE Capital themselves on numerous occasions requesting this information. I'm not chasing them!

I have read threads containing trillions of posts and by the time i've got to the end i've forgotten the information, anyway I sent the CCA on the 6th of November allowing 2 days for post etc.

 

Is it now 42 days from that point that I have to wait before any further action is taken? I was informed earlier that it is 12 working days and they are in default and the debt is unenforceable and then after a further month they have committed a criminal offence.

The date for the latter was the 23rd of December. I have still not received anything in writing from Buchanan, Clark and Wells or the finance company. No statement of account, no original agreement no transfer agreement - nothing apart from a threatening phone call on the 22nd of December which stated that they (B, C & W) were in receipt of the information I wanted and I now needed to set up a payment plan with them. I informed them that I needed all of the information in writing including copies of the agreements etc. and that I was not prepared to enter into any verbal correspondence with them. Before he went off the phone the gentleman also informed me that he had had chance to have a look at the figures and it now transpires that I actually owe them in excess of £5,000 and not £3,000 as they had first thought:eek: !!

I informed him once more that I was not prepared to enter into a verbal discussion especially regarding a debt that I was in dispute over and that I would await the promised information.

Nothing received to date.

This is all new territory to me, so I am now looking for some advice as to my next steps etc..

Thanks

Boo

[Rooster-UK]

Hi Boobaby.

 

I suggest that you will get the help and advice that you need in the Debt and Bailiffs Forum.

There are a lot of users there who are experienced in your situation.

 

I will get this Thread moved for you.

 

Good luck.

Regards, Rooster.

[Turnaround]

Bump

 

I have just noticed your thread.

 

If others dont then I will get back to you later today and try and assist.

 

You have been doing all the correct things so don't worry to much.

[lookinforinfo]

You are going about things in the right way, as Turnaround has already said.

I assume that it was GE who you sent the Data Protection request [sar] to?

They have 40 days to respond to that demand or else they commit a criminal offence, providing you included the statutory £10 fee, and your identity

was sufficiently known to them without the need to ask for further confirmation. Also you should find out when [if] you receive the documents

how much the debt is, or was, if it has been assigned to BCW.

 

As for the CCA request, this requires a payment of £1, and need only be supplied by the owner of the debt. So if BCW are just debt collectors in this instance, no offence has been committed by them.

 

It may be of help for you to obtain a copy of your credit file from Experian

which may shed some light on the ownership of the debt.

[Boobaby]

You are going about things in the right way, as Turnaround has already said.

I assume that it was GE who you sent the Data Protection request [s.A.R - (Subject Access Request)] to?

They have 40 days to respond to that demand or else they commit a criminal offence, providing you included the statutory £10 fee, and your identity

was sufficiently known to them without the need to ask for further confirmation. Also you should find out when [if] you receive the documents

how much the debt is, or was, if it has been assigned to BCW.

 

As for the CCA request, this requires a payment of £1, and need only be supplied by the owner of the debt. So if BCW are just debt collectors in this instance, no offence has been committed by them.

 

It may be of help for you to obtain a copy of your credit file from Experian

which may shed some light on the ownership of the debt.

Hi there

I sent S.A.R - (Subject Access Request) etc.. to GE & BCW. I also sent the CCA request with £1 cheques to both of the above but have received no correspondence from either and telephone calls only from BCW who have informed me that they are in regular contact with GE. They had also requested the information from GE which BCW are in receipt of according to the telephone conversation I had last week. They wanted to discuss the repayments informing me as stated earlier that the debt is now over £5000!!! I have had no statements no correspondence no agreement information and no assignment of this so called debt. The 12 days plus the additional month is now up and I just wondered what my next move was.

I will not be intimidated once more by these bullies which is what happened to me originally that is why I've left them in no doubt that I am unwilling to:

a. correspond with them verbally,

b. enter into any payment agreements until they can establish true ownership of the debt or

c. be bullied into submission.

The unfortunate thing is that although they haven't been able to provide me with a copy of the original agreement or proof of assignment of the debt they have also not provided me with a statement which includes charges and payments etc... So I have no idea what charges the account has incurred or what payments have been made on the account.

Help!!!

Boo

Just as an update - checked my credit file and the default is listed under Forthright Finance which is a subsidiary of GE Capital and the outstanding balance is listed as - £3660

[lookinforinfo]

Don't worry-you now have the advantage. Whichever company owns the debt

is in trouble. Stop paying the £85 per month. If they want you to restart

payment, because they have not replied to the CCA, they can only do it by

taking you to Court and proving the debt, [ eg producing the executed

agreement] and explaining why they have neither complied with the CCQ nor the SAR. In addition, you can challenge them on unlawful charges and the

court will remove them from the debt.

Do not write to either of them in the meantime as the longer they are in

breach of their requiements, the better it should be if it ever does go to Court. All you do at the moment is stop paying,and point out if they should

write or ring, chasing you for the debt, that the account is in dispute and

they are in further breach of the Act by not ceasing their activities whilst

the dispute remains unresolved.

[Boobaby]

Don't worry-you now have the advantage. Whichever company owns the debt

is in trouble. Stop paying the £85 per month. If they want you to restart

payment, because they have not replied to the CCA, they can only do it by

taking you to Court and proving the debt, [ eg producing the executed

agreement] and explaining why they have neither complied with the CCQ nor the S.A.R - (Subject Access Request). In addition, you can challenge them on unlawful charges and the

court will remove them from the debt.

Do not write to either of them in the meantime as the longer they are in

breach of their requiements, the better it should be if it ever does go to Court. All you do at the moment is stop paying,and point out if they should

write or ring, chasing you for the debt, that the account is in dispute and

they are in further breach of the Act by not ceasing their activities whilst

the dispute remains unresolved.

Hi again thanks for the response, it's nice to be able to deal with the same person isn't it? I have helped loads of people on Bank issues and I know they appreciate the continuity approach.

Out of my depth with this one though!!!

I have ceased paying that's why they contacted me on the 22nd of December requesting (demanding) payment I was quite calm and explained that I was unwilling to correspond verbally etc.. What I need to know now is what my next step should be:

a. Should I report them for failing to comply with the CCA request etc...

b. Should I let them carry on with a possible Court Case but ultimately at this point not do anything? or

c. What ?

Thanks

Boo

[lookinforinfo]

Just relax and wait. They have a decision to make. Should they take you to Court, admit they have committed a crime, face a hefty fine, explain why

they have failed to respond to your sar AND your CCA and run the risk of the

Judge not enforcing the debt [especially if they cannot locate your original agreement and certainly not for the amount they are asking because of the unlawful charges] or let you off the debt. And the longer they take to make up their mind, the less favourably the Judge is likely to look upon their

claim.

[Boobaby]

Just relax and wait. They have a decision to make. Should they take you to Court, admit they have committed a crime, face a hefty fine, explain why

they have failed to respond to your S.A.R - (Subject Access Request) AND your CCA and run the risk of the

Judge not enforcing the debt [especially if they cannot locate your original agreement and certainly not for the amount they are asking because of the unlawful charges] or let you off the debt. And the longer they take to make up their mind, the less favourably the Judge is likely to look upon their

claim.

Thanks for that and as the saying goes - all good things come to those who wait;-)

[Bookworm]

Thanks for that and as the saying goes - all good things come to those who wait;-)

 

 

Except for BCW, who, the longer they wait, the least likely they are to see another penny off you!!!

[Boobaby]

Except for BCW, who, the longer they wait, the least likely they are to see another penny off you!!!

Hi BW - Thanks for that didn't want to be that wishfull but if BW says it then hey who are my to question? How you doing honey, nice to see you as yourself?

Hope you had a good Christmas and will have an even better New Year!

Boo (Bev) x

[Boobaby]

Just a quick update - statement of account from The Capital Group received this morning via BCW. This Statement is from July 2001 to October 2002 which is when I am assuming BCW took over the debt, no correspondence received from anyone stating this. No copy of the original agreement, no statement of payments made to BCW and no copy of the deed of transfer etc..

Just a covering note from BCW consisting of four lines which state: amount outstanding, reference number and yours sincerely BCW Group - not even signed by an individual, so much for the yours sincerely!!

[lookinforinfo]

That is still a long way short of their obligations under the sar you sent them.

Just sit tight and be prepared to hit them with everything if they try to

chase you for any money.

[Sparkie1723]

Boobaby

Go to the threads on Buchanan Clark & Wells you'll find some real good ammo to fight Buchanan Clark & Wells with.

 

Sparkie 1723

[Boobaby]

Boobaby

Go to the threads on Buchanan Clark & Wells you'll find some real good ammo to fight Buchanan Clark & Wells with.

 

Sparkie 1723

 

Hi honey - TBH didn't realise there were any threads on these people - serves my right for not looking

Thanks!

Boo

[Boobaby]

Hi

I have compiled a pretty 'straight for the jugular' kind of letter and just wanted some advice on whether or not to send it or amend it or send something completely different etc..... I am also sending a letter to GE Capital telling them that they shouldn't have used BCW etc....

Honest responses please...

Thanks Boo

 

I have written to your Company on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee and Data Protection Request. Cheque Number ***** which has been received and cashed.

 

I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request as I informed you is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

I did, in addition to the above request copies of statements of the account.

The only information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002.

After carrying out checks on your organisation I am now in possession of information that lead me to believe that as you are not registered with the Information Commissioners Office register of data processors you do not hold a license and are therefore committing criminal offences. Under sections 17; 18; 19 and 20 anyone who obtains, holds and stores data about individuals must hold a license to do so.

 

You do not hold a license and are committing criminal offences under the Data Protection Act this carries a penalty fine of £5,000.

As there has still been no proof of this debt being incurred by myself I now require you to do the following:

1. Refund to myself all monies paid to your organisation including interest.
   
2. Compensation for the unlawful processing of data and using illegally obtained information to unlawfully chase a debt.
   
3. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.
   
4. Arrange for the default to be removed off my Credit File.

You have 14 days to comply with all of the above, failure to do so will result in a Criminal charge being brought against your organisation and a claim being submitted through the small claims court to include all of the above.

 

Yours faithfully

 

 

Boo

[Sparkie1723]

I would send a subject data access request a few days before sending that letter, that will get the wheels moving for them to start processing your request and there you will get the black & white proof that they do hold data about you if they get your letter first they could delete all the info and write back they dont hold any and only use the info given by thier client and that info is then 2Lost" garbage of course but get them surrounded first before you go for the kill

Sparkie

[Boobaby]

I would send a subject data access request a few days before sending that letter, that will get the wheels moving for them to start processing your request and there you will get the black & white proof that they do hold data about you if they get your letter first they could delete all the info and write back they dont hold any and only use the info given by thier client and that info is then 2Lost" garbage of course but get them surrounded first before you go for the kill

Sparkie

Sparkie

Would not the DPA suffice in this instance which was sent on the 23rd of August with further correspondence - DPA non compliance having been sent on the 20th of October.

Boo

[Sparkie1723]

In order to make someone comply with the Data Protection Act 1998 The Sixth Priciple you must submit the SDAR undersection 7 " duty to supply information pursuant to section 7" that will cost you a tenner but its the only way you can make them give you ALL the info they hold about you, and from who supplied it to them.

 

sparkie 1723

[Boobaby]

In order to make someone comply with the Data Protection Act 1998 The Sixth Priciple you must submit the SDAR undersection 7 " duty to supply information pursuant to section 7" that will cost you a tenner but its the only way you can make them give you ALL the info they hold about you, and from who supplied it to them.

 

sparkie 1723

 

Thanks Sparkie will do... you've been most kind!

 

Boo

[Boobaby]

Hi both Un1boy & Sparkie

 

Thanks for the info regarding the DPA/SAR - I had sent that letter to both GE Capital & BCW along with cheques which have been cashed - in August so the 40 day limit has well expired I also sent DPA non - compliance letters in addition to them I have sent them CCA requests along with cheques and the 12 + 30 day limits are well expired on those. Do I now send the 'jugular' letter posted earlier on this thread?

 

Thanks both and Un1boy I will send the photos I have from Monsters Inc - possible Avatar?

Boo

[un1boy]

Hi boo - I'm jsut subscribing, I will read through the thread and post later when I get home!!

[Boobaby]

Hi anyone please?

Thanks

Boo x

[un1boy]

Hi Boo, what is it exactly you want clarification on?

 

If they have not provided your agreements after 12 working days then one calendar month they have commited a criminal offence and your agreements are now unenforcable so stop paying and send them a letter saying you want all your data removed from your credit files.

[Boobaby]

Hi Boo, what is it exactly you want clarification on?

 

If they have not provided your agreements after 12 working days then one calendar month they have commited a criminal offence and your agreements are now unenforcable so stop paying and send them a letter saying you want all your data removed from your credit files.

 

Sorry Un1boy

 

Post #16 please?

Thanks

Boo