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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Could someone proof read this letter to DCA please?

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Hi everyone,


Firstly, I’d like to direct you to my previous thread here:




I sent a letter to CBS Transcom on Thursday, recorded delivery requesting a CCA, I received a letter yesterday demanding immediate payment by January 15th (they sent the letter 2nd class, dated 8th Jan!)


I’ve written up a draft and would be grateful if someone could look over it and offer any suggestions, is it too aggressive? Or just right?





Dear Sir/Madam


In reference to your previous letter dated 8th January 2007. I can only assume our correspondence has crossed in the post. However, to re-iterate, I have attached a copy of my letter to you dated 3rd January 2007.


Further to my request for a true signed copy of the Consumer Credit Act, Under the Data Protection Act 1988 section 7(1) I have the right to have communicated to me any information constituting any personal data of which I am the data subject and that could constitute any descision significantly affecting myself.


Please can you supply all memos, documents and correspondence that you have regarding me and the above account number.


There are three points I wish to dispute against the amount you claim is owed to you by myself.


1.)That £XXXX of compound interest was added to the account unfairly at a time when I had communicated financial difficulties to Paragon in August 1999 and an agreed payment plan was put in place.

2.)That Paragon have disclosed my personal details to a company outside of the Paragon group (yourselves) without my written authorisation.

3.)That you are the owner of the alleged debt


Point 1 is subject to receiving all memo’s documents and correspondence from Paragon Personal Finance and yourselves so a decision can be made in pursuing this.


Points 2 & 3 require documentation to be provided by yourselves and requested by myself in my previous letter and this letter under the Consumer Credit Act 1974 (Sections 77−79)


I have enclosed payment of £10 in respect of the Subject Access Request. While these points are in dispute I would ask that any requests for payment to yourselves be put on hold until all the facts can be ascertained.


Until such time, payments will continue to Paragon Personal Finance as agreed with them in November 2006 at an agreed payment of £XX per month.


I look forward to a prompt resolution to this matter and your written confirmation that requests for payment be put on hold.


Yours faithfully,

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OK, firstly, try to keep all your posts on this subject in one topic, or it gets confusing, try asking a moderator to merge them.


First question: What have CBS Transcom got to do with this ? It's the first time you've mentioned them.


As for your question in the previous post about your data rights, they cannot become your data controller without your express written permission, they have to write to you and ask for it.


Your CCA request should have been sent to Arrow, and as soon as they get it any action should be on hold till they produce the relevent documents, if they don't produce them and they still proceed, then their failure to produce is an absolute defence against their claim.


The letter you have written is nice and detailed and seems well thought out, however, you have to remember that these are only trained chimpanzees you are comunicating with, so they don't understand words with more than 6 letters in them. You don't need to go into all those details.


What you should simply say is that you have sent them a CCA request, and they have so far failed to comply, until they do comply you will not communicate (oops, 11 letters ! ) further with them until they do. Also tell them that any legal action they may choose to take will be vigorously (oops 10 letters ! ) defended on those grounds.


Tell them that under the DPA 1998 that they cannot assume the right to process your personal data without your written permission, and in doing so they are commiting a criminal offence under the said act which could land their data controller with a personal fine of up to £2500 or 3 months imprisonment. Include a line something like...... I expressly forbid you to process my personal data, with the exception of that which I have already requested you supply me...... somewhere in the letter.


Ooops again ! just realised there's lots of words in that last bit bigger than 6 letters :D


Make it as short and sharp as you can, as the chimps do tend to get a bit bored reading long letters, they only read about 5 words a minute, and tend to get easily distracted swinging on their ropes occaisionally, so your letter wouldn't get inwardly digested, well not till they started chewing on the paper that is :rolleyes:


One final point, make sure all your letters are sent Recorded Delivery, keep a paper trail just in case you ever need to produce it in court.


Keep us informed.

Nil Illigitimus Carborundum

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Sorry, I should have been clearer,


Paragon apparently sold a bunch of debts to Arrow Global Receivables, I received a letter from Arrow advising me they are now the data owners. I sent a letter to them last week for the CCA, I then received a letter from CBS Transcom yesterday demanding payment by the 15th Jan. In this letter they say they are under instruction by Arrow to retrieve the amount claimed. I believe they are part of the same group, but not part of the Paragon group.

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OK, now I understand.


Just send a letter (recorded of course) to Transcom, informing them that the account is in dispute, something like.......


Dear Sir,


I am in receipt of your letter dated XXXXXX


I wish to inform you that this matter is currently in dispute.


The reason for the dispute is none of your business.


You must not attempt to take any proceedings until the dispute is resolved.


Yours Cockilly






If they want the information, let them contact Arrow about it themselves, you don't have to tell them anything.


Make sure you send Arrow a letter fobidding them from processing your data though, it can make life hellishly awkward for them, especially if you get a court order backing it up when they fail to comply:D

Nil Illigitimus Carborundum

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Dear Sir,


I am in receipt of your letter dated XXXXXX


I wish to inform you that this matter is currently in dispute.


The reason for the dispute is none of your business.


You must not attempt to take any proceedings until the dispute is resolved.


Yours Cockilly



The line i have highlighted in bold had me in stitches, How i would dearly love to a fly on the wall when that letter gets opened.

I don't mean that in a bad way btw.

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Good advice here.

Irrespective of whether your letters crossed,the account would be seen as in dispute when you first learned of unlawful penalty charges.Presumbly that was before their letter was even sent ???

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.



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They're not penalty charges as such, the interest kept piling up even though they knew I'd been made redundant at the time and hit a few financial problems.


I spoke to Paragon yesterday, it looks like they sold a large bunch of debts onto Arrow in December and didn't tell their telephone agents, this would explain why I had agreed a new increased payment plan 2 weeks before they sold the debt on!


I'm not disputing the fact there is money to be owed, but in my eye's I owe it to Paragon and they had no authorisation to pass my details onto Arrow, and Arrow have no authorisation to use that information to retrieve money from me. It's this aspect I'm fighting.


As a side note, Paragon offered to settle the debt for a quarter of the amount owed back in January 2006, now I was not in a position to come up with the money but I still have the letter proving that they were prepared to accept it and the letter did not state a time limit on that offer.


I'm now in a position where I can almost manage this amount minus what I have paid since.


If it got to court and I offered this amount, how would a judge look at it? are they more likely to force me to pay the full amount claimed or the amount i offer, as i am offering it based on that letter?

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When a DCA buys the account, they also accept ALL the obligations that come with it, so there may be a case that they would be obligated to honour Paragons offer, especially as the offer doesn't have a time period.


It might be worth a try, but someone with a bit more of a legal mind would be best to advise on this.


As for the charges and interest, you can bet your @ss there's unlawful charges somewhere on the account, so you should send the account dispute and SAR letters. Given even the minute possibility that the SAR does show there's nothing reclaimable, it will at least give you a bit of extra time to check out all your other options.

Nil Illigitimus Carborundum

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  • 1 year later...

Hi, Blackhawk.


You need to start your own thread, giving some detail of what you have received. People will then give you help.






Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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