Boobaby vs GE Capital & DCA - Help please !!

[un1boy]

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

[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.

[un1boy]

Looks fine, just a couple of touch ups in red!

 

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 leads 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 and all other account information to be removed from 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

[un1boy]

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 leads 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 and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable).

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

 

 

Up to you whether you use them!!

[un1boy]

One more thing with the letter, you have used the word "lead" you need to change it to "leads".

 

You need to ask the DCA, expecially if they have provided the deed of assignment, although they are licensed under the DPA so I would be inclined to send it to both....maybe send it to GE Capital and "CC" it to the DCA? You could put in the letter that you haven't sent it to the DCA because they aren't registered with a DPA license and you therefore can't guarantee the security of your data that is processed by them?

 

Hope that makes sense!

[un1boy]

No probs - anytime!

 

PS Sorry it took so long

[un1boy]

Plus I don't think these institutions would actually stoop as low as fraud!!

[un1boy]

I know they stoop low, but I doubt they wuold do that.

 

How's your letter doing? Did you send it?

 

PS, thanks for the rep!!

[un1boy]

Well good luck and keep us posted - I may have to contact you about ur monsters incs avatars!!

[un1boy]

Whoa Boo, I'm glad you got this sorted!

 

I didn't know you could check someone's DPA license details!

[un1boy]

lol, they are so crap - I wish I knew what I know now about 18 months ago when I had to deal with BCW (the bstards!) they amd emy life hell....saying things like, "we can contact you WHENEVER and HOWEVER we want to" and overturning a complaint I made about a woman who spoke to me like I wonething onn her shoe - a way I have NEVER been spoken to in my life!! At the time I just accepted their reply, but now I would never let it lie....ho hum....

 

In answer to your question, you can use the calculations from anything that you have as long as you are happy that it is the full amount you want to claim!!

 

Good luck!

[un1boy]

Hi Boo....

 

I had to deal with BCS about 18 months ago and they are nasty....

 

As for what you should do, I'm not sure but if I was in your your postion I would do:

 

1. Absolutely

2. I don't uderstand what you mean by this, sorry

3. To be honest, I'm not sure.....I thought you had to report them to Trading Standards if they failed to comply with the CCA request so that they could act on it.

[un1boy]

Boo, I'm in the same position - I didn't realise til now. I don't want to make the court claim against them because if i do then the judge might think im being greedy......they havent sent me the terms so havent satisifed my request........i want the defaults removed but they are dragging their feet

[un1boy]

Good idea.....

[un1boy]

Hi Boo,

 

How is this going?

[un1boy]

Hi honey

TBH I've just let this lie. I can't seem to get my head around compiling a letter regarding the default removal. I will look at something in the next few days but going to have to do some research as I'm not quite sure how to start etc...

Kind of you to ask how are things with you?

 

Boo x

 

well we are in similar situations so if I think of anything etc I'll let you know!!

[un1boy]

I really now need to act. Default is still showing on my credit file and tbh the only bad thing that is so it is really dragging my rating down. Any advice would be appreciated.

Had a letter today from BCW basically stating that they were not aware of any of my correspondence regarding this account prior to January of this year!!!!!

August last year lovelies that's when this was started, so copies of all correspondence to be sent along with a letter that's going to take some work as they are/have:

1. Denying all knowledge of correspondence prior to January 2007

2. Still not complied with original request under DPA etc to forward copy of original agreement, statement of account and Deed of transfer

3. Informing me one more time that they have requested the copy of the agreement from GE Capital (again x 4) and will forward it to me as soon as it is received.

4. Sent me what can only be described as a transcription log of all of their phone calls/ correspondence to myself over the last three years which actually lists a letter I sent to them in November of last year regarding a request - see points 1 & 2 !!

5. Mentioned complaint from Information Commissioners Office which they have noted.

6. Put my Account on hold whilst they await documentation from their client - this account been on hold since last September!

 

So a lot to deal with plus the default still not sure how to deal with that though.

Enough to be going on with me thinks!

 

Hi Boo,

 

I know how you feel - I have been trying to get default removed by HSBC since August 2006 and it's still there - they can't provide the default notices, nor an enforcaable agreement. Trading Standards won't prosecute.

 

BCW are absolute fcukers! I wish I knew then what I know now - they were chasing some payments from me so agressively and they lost 2 months' of my payments, then kept chasing me for them, even though I gave them proof they had been paid. Plus I made a complaint agasint one of the girls who was VERY rude to me, but they told me she had acted professionally and my complaint would not be upheld!! (Calling me a liar and debt dodger is professional is it?)

 

Anyway, if they have defaulted on your CCA request, try informing Trading Standards: http://www.consumerdirect.gov.uk/complaints.shtml

 

Also, if they haven't provided an agreement at all then you can sue them for all payments against it back.

 

You have the ICO involved, which is great, but may take a while. I have my local police investigating too, hehe.

 

I would also advise informing the OFT. Although they may not get involved in your individual case, they are the ones whom renew credit licenses and they told me that they use all of this info to decide whether a company is worthy of them!!

 

Other than that, I would suggest amybe a stat notice under the DPA or just issuing a court claim (like I think I'm gonna have to). They will probably settle out of court then!

[un1boy]

Have spent most of today compiling letters regarding all of the above and done copies to both BCW & Capital Bank. I have also done a letter to Office of Fair Trading regarding them both.

Letter 1 to BCW:

 

Buchanan Clark & Wells

11 Elm Court,

Stratford Upon Avon

CV37 6PA

11th May 2007

 

For the attention of Mrs J Collett Collections Manager

Dear Mrs Collett

I am in receipt of your letter dated xxxxxxxx regarding:

 

ACCOUNT NUMBER: xxxxxxxxxxxxx Reference Number xxxxxxxxx Capital Bank

 

I note that in paragraph 2 you refer to your not having received a previous request for access provisions in line with the Data Protection Act. I refer you to the entry on the 10/11/06 of your information log which clearly states correspondence received from myself dated 06/11/06.

This is the first response I have had from yourselves regarding any of my previous letters. 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 xxxxxx 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 would result in a report being submitted to the relevant statutory authorities. This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate 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 information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002, sent via yourselves, and what only can be described as a service log from yourselves listing everything from phone calls to payments made etc. but not a Statement of account.

I also understand that under the Act, due to your failure to comply with my statutory request you as acting agents are unable to enforce an agreement. I am therefore forthwith seeking to recover any payments made to date.

 

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. A schedule of charges listing all amounts is attached totalling £ xxxxx.
   
2. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.

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

 

Second letter to Capital Bank was much the same as the above only the last paragraph included:

 

Arrange for the default and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable).

 

The third letter was to the OFT:

Office of Fair Trading

OFT Enquiries

Fleetbank House2-6 Salisbury Square

London

EC4Y 8JX

 

11th May 2007

 

Dear Sir/Madam

 

Regarding ACCOUNT NUMBER: xxxxxxxxxxx Reference Number xxxxxx Capital Bank and their agents Buchanan, Clark & Wells

 

Failure by Capital Bank and Buchanan Clark & Wells Limited Under Sections 77/78 of the Consumer Credit Act 1974. Account No. xxxxxx Reference Number xxxxx

As is my right under Sections 77 and 78 of the Consumer Credit Act 1974, I wrote to Capital Bank and Buchanan Clark & Wells on the xxxxx & again on the xxxxxxxx requesting a true, signed (legible) copy of any credit agreement and a Copy of the Deed of Assignment (inc statements) that exists in relation to the above account, including the statutory fee of £1.00.

 

Under the terms of the above Act, Capital Bank and Buchanan, Clark & Wells had 12 working days to provide the requested documents and a further calendar month to rectify this default. Both of these deadlines have now passed and I have received nothing in relation to my request only a single statement from Capital Bank and an information log from Buchanan Clarke & Wells.

 

This led me to only one conclusion that no signed credit agreement exists in relation to this account. An agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law.

 

I have today sent a letter to both Capital Bank & Buchanan Clarke & Wells refuting the debt and stating that any legal action proposed by them will be vigorously defended as I believe that they may have committed an offence under the CCA punishable by a level 4 fine.

 

Additionally, as there has never been any regulated agreement in relation to this account, I maintain that Capital Bank do not have my consent to process my data and have requested that they remove all data referring to them from the records of all 3 Credit reference agencies.

 

 

With respect to the above may, I respectfully request that you begin an investigation into the failures of both Capital Bank and Buchanan Clark & Wells and in the meantime your comments, advice & guidance in the above would be much appreciated.

 

Yours faithfully

 

Boo

 

Any comments, amendments needed etc would be much appreciated

 

Thanks everyone!

 

Boo

 

 

 

 

 

No probs Boo- I'll check it over later and get back to you!

[un1boy]

Hi Boo,

To get that default removed from the CRA files, write to the CRA's tell them that the information they have been supplied with has been supplied by a company that is/has committed a criminal offence under the Consumer Credit Act by supplying information about a CCA agreement that does not has complied with the C.C.A. and under the circumstances that as they have now been made aware of those facts any further processing of data appertaining to this account/agreemnent, they also will be an accomplice, in committing a criminal offence by way of failing in their responsibility to ensure the info is correct and lawfully supplied and under the circumstances "suggest" they remove it immediately to avoid repercussions on themselves.

 

sparkie1723

 

 

Sparkie I have done this many times and all the CRA's basically tell me to eff off!

[un1boy]

Boo,

Tell them you intend to issue for a court to be made under section 14 of the Data Protection Act, make it strong and tell them you intend to issue that immediately.....and do it.

 

they will have to proove to the court that have taken reasonable steps to ensure the information is correct

 

Also quote them this from the legal guidance given by the Information Commissioner her/him self.

"Under the new Act it is now not enough for the data controller to say that, because the information was obtained from the data subject or a third party, they had done all they could have reasonably done to ensure the accuracy of the data at the time. Now data controllers may have to go further and take reasonable steps to ensure the accuracy of the data themselves.

The extent to which such steps are necessary will be a matter of fact in each individual case, and will depend upon the nature of the data and the consequences of the innaccuracy for the data subject."

 

A bit long but its there .

 

sparkie 1723

 

Hi Sparkie,

 

This is brilliant info mate - can you give me a link to the statement in quotation marks though please?

 

Thanks.

[un1boy]

I'm on the case Spark - I will post the letter here for your's and Un1boys perusal before sending!

Thanks hun

 

Boo x

 

Looking forward to it Boo - Sorry haven't had a chnace to look over the other one, bogged down with revision.

 

Sparkie, in the quote from the ICO - they mention the "new" act.......what are they referring as "new"?

[un1boy]

oh ok, thanks for that!

[un1boy]

Letter received from BCW this morning:

 

I write with regard to your recent communication concerning your aforementioned account.

So I see!

I can hereby confirm your concerns have been duly recorded on our system again!! and as previously stated in my letter dated 23rd march 07, further details have been requested from our client and on receipt will be issued to you without further delay. Only been waiting since August 2006!

Please do not hesitate to contact me on **** should I be of any further assistance. ??

I am just pulling my hair out with these people they appear to have no idea that they, as the agents of GE Capital have a responsibility to comply with the aforementioned requests yet they pass everything back - aaaarrrhhh!!

 

Have you reported them to the TS?

[un1boy]

Good Good, you should write to the OFT and the Information Commissioners Office too.

 

I was speaking with a guy from the OFT the other day aand he said they are really interested in this sort of evidence!!

 

Let us know what you write to the CRA's - I have sent them letter upon letter upon letter.....

 

I am asking TS to include the CRA's if they decide to prosecute the bank. And I'm asking the Information Commissioners Office too, however the Information Commissioners Office seems to work to the CRA's interests!!!

[un1boy]

Hey Boo, how's it going?

 

What's the crack with this now?