In need of major help, what do i do next?

[kennyparkroad]

let me know what you think of that and i shall post my letter to BOS later for you all to comment on, however any comments and or suggestions would be appreciated.

 

 

my blood is boiling

 

bring it on EOS - Blair Oliver couldnt handle me, you damn sure wont.

[PriorityOne]

Hi Kenny,

 

I think it's best to get your complaint off as soon as possible. Do you have a ref. no. from the OFT for the CCA non-compliance complaint ?

 

If so, you need to link the two complaints together under this ref. no.... or/and, include the ref. no for TS as well... so that OFT are aware of an ongpoing issue and that the account is in dispute through CCA non-compliance. You also need to state this in your letter.... that the account is in dispute with BOS due to non-compliance of a CCA request and therefore, should not have been passed/sold to anyone, TS are aware, etc...

 

As BOS have so far been uable to substantiate the debt, they have no right to pass/sell your personal info. to anyone.... because they have been unable to confirm your signed authority to do so in the original Agreement.... a breach of the Data Protection Act that should also be reported to the Information Commissioners Office.

 

I am about to go through something similar with a different DCA.

[diskmandave]

You're doing everything right KPR! Keep chipping away at them. You've got an open dialogue with Trading Standards now. Don't let them get the better of you at this stage, you're winning this in everyone's opinion from what I see. Keep it up, you can win this if you keep your nerve. Final hurdle now I think.

 

Good luck, keep it up!

 

Regards, Dave.

[kennyparkroad]

Hi PO

 

When i complained to the OFT they passed it on to Consumer Direct who in turn passed it onto Trading Standards, so no i dont have any reference number in that respect.

 

the letter i posted above (POINT 1- Trading standards) was emailed this morning to my case worker, ill also hand in a hard copy (they are round the corner from where i work)

 

 

I am in the proses of writing a letter to BOS will post a draft hopefully in the next hour.

 

not sure i should write to EOS yet, or if i should wait for a letter from them, cause you can bet your bottom dollar they dont have a CCA

 

so i may wait for a letter and then send them a CCA request.

 

will post the draft letter to BOS hopefully before 11am.

[kennyparkroad]

updte

 

Trading Standards have emailed me a response.

 

 

Dear KPR

 

Thanks for updating me on this situation. I am still awaiting a response

from Blair Oliver Scott and if I do not receive this shortly I will send

a reminder letter to the company. At this point I will address the issue

of action being taken while the dispute is on-going. With regards to the

concerns you have about the security of your personal details you should

put your complaint in writing to the Information Commissioner for

Scotland. The address is:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

TEL: 01334 464610

 

 

Thank you for updating me on this situation.

[kennyparkroad]

Another call from EOS Solutions.

 

Below is the email i am sending right NOW to my case worker at Trading Standards.

 

Dear Case worker

 

Just to update you further i have again been contacted by EOS this morning.

 

I went in depth during the conversation explaining the account was in dispute with Blair Oliver and Scott and that legally this should not have been passed to them, i was then transfered to a Mrs XXXXXX - Fax Number XXXXXXXX who advised me that they were only transferred the account yesterday.

 

I again went through the fact the account had been passed illegally and they shouldnt be contacting me, she was very understanding and explained to me that a letter was being posted today (as per my request yesterday) and that she would look forward to a reply next week - she also informed me that she had written down what i had told her and will approach blair oliver and scott directly and closed by stating she would make sure that no further phone calls would be made to myself until such a time as she can get clarification off Blair Oliver and Scott as well as a reply from myself.

 

She also took note that i would pass this information onto yourselves as well as the information commissioners office.

 

Again she was very understanding and apologetic.

 

Hope this information is of use to you.

 

KPR

 

 

 

 

so thats whats happening now!

 

im also drafting my letter to BOS and will now include this new information.

 

draft to follow.

[kennyparkroad]

POINT 2 - LETTER TO BOS

 

CC Trading Standards

 

 

 

COMPLAINTS OFFICER

Blair Oliver & Scott Ltd

P.O Box 66

Rosyth

Dunfermline

FIFE

KY11 2WG

7th June 2007

 

Dear Sir/Madam

 

 

Client Account Number –

 

Your Reference Number –

 

On Wednesday 6th June at 17:16 I received a call to my mobile from EOS Solutions UK Plc.

 

They informed me that on the above date, they have been passed the alleged debt account from your company.

 

May I remind you that in December 2006 I requested a copy of the CCA agreement, you have yet to answer that request, it was also clearly stated that the alleged debt was in dispute.

 

To date I have sent your company at least 5 letters and numerous faxes to which I have had no response.

 

I include for ease of reference all previous correspondence which I have previously sent before.

 

However at this time may I remind you that while the alleged debt was in dispute with yourselves, under the OFT guidelines, no further actions should have been taken unless and until the dispute was resolved, I would like to now state the dispute over this alleged debt was never satisfied or resolved.

 

I also asked your company on numerous occasions to remove my phone number as I had withdrawn my consent for your company to use it and instead could contact me in writing, your company have also passed on my mobile phone number in contradiction to my requests, I feel that in itself is a breach of the Data Protection Act as your company no longer had authorisation from myself to use or pass that number on.

 

The account which you have passed to EOS is in dispute with yourselves through CCA non-compliance and therefore, should not have been passed/sold to anyone, I would like to inform you at this stage I have made Trading Standards aware of this issue, and will be passing this issue onto the Information Commissioners Office for investigation under breach of the Data Protection Act.

 

As your company have so far been unable to substantiate the debt, your company has no right to pass/sell my personal information to anyone as your company have been unable to confirm signed authority to do so in the original Agreement.

 

Therefore I would like a written explanation as to why your company has acted outwith not only the Data Protection Act but also the OFT Guidelines, I would also like you to with immediate effect, recall the account from EOS Solutions as you have illegally handed information regarding me onto them.

 

I look forward to your written response.

 

Yours sincerely,

 

 

 

 

 

 

 

[tomterm8]

I am no longer welcome on CAG

[kennyparkroad]

as you all can see its all happening! but EOS were NOT happy when i told them should they continue to persue this i would have to report them to the OFT and ICO also.

 

It made them back RIGHT up

 

i think what did it was that i was very very very calm and collected when talking to her, i actually APOLOGISED for the behaviour of BOS that could land them into trouble!

lol

 

comments/thoughts appreciated.

 

PS - sent letter to BOS recorded and handed copies into TS.

[kennyparkroad]

PS - thanks TOM

[archer_66]

kenny well done.i can see youre a lot more confident now to when you first started!! keep at them!

[kennyparkroad]

thats because im not scared anymore.

 

i am in control and if it turns out they do have an agreement then so be it, onto the next hurdle.

 

Thanks for popping in Archer.

[389shell]

Hi Kenny, just morale support really, I actually laughed when I saw that BOS had passed it on and almost cheered! I don't think it will be long before it is written off.

 

Good luck, you know we are all behind you.

 

Shell

[kennyparkroad]

Thanks

 

update - i have started compiling my complaint to the ICO

 

Im just waiting on the letter from EOS that is supposed to arrive at my door tomorrow, so i can confirm its been passed on

 

Blair Oliver are in serious trouble.

 

Ill keep you all updated and post whats in the EOS letter when i get it.

 

kenny

[kennyparkroad]

ok update on this

 

i got my letter from EOS.

 

What i asked for was something documenting their involvement.

 

what i got was the following and this is their FIRST letter.

 

 

URGENT

 

The above debt has been pased to us by our client for collection.

 

PAYMENT IN FULL is required IMMEDIATELY

 

Failure to respond could result in:

 

Court action blah blah blah

 

 

 

so.

 

am going to draft a letter to EOS but any thoughts and or suggestions would be appreciated.

 

wil post the draft soon.

 

Am also going to send a copy of the letter to Trading Standards to prove BOS passed this on while it was in dispute.

 

I will also include a copy of the letter for my ICO complaint which should be able to be posted off today.

 

But any suggestions on the letter to EOS appreciated.

[kennyparkroad]

Draft Letter

 

Suggestions/alterations welcome.

 

COMPLAINTS MANAGER

ACCOUNTS MANAGER

Mrs Lyness - Fax Number 01506473888

Dear EOS.

 

Further to our telephone conversations of Thursday 7th June and Friday 8th June and your letter dated 7th June i would like to advise you of the following.

 

Firstly, it is my understanding that you were passed this alleged debt on 7th June 2007 as advised to me by two seperate telephone operatives.

 

The alleged debt you are attempting to collect on has been in dispute with your client Blair Oliver and Scott since December 2006, therefore the fact that they have passed this alleged debt onto your company is illegal and in breach of the following:

 

The Office of Fair Trade Guidleines - as no alleged debt that is in dispute can be further acted upon unless and until the dispute is resolved, clearly this has not been resolved.

 

Data Protection Act - As you have been passed details without my consent and as Blair Oliver and Scott have acted out with my authorisation as i requested several times in writing that my phone number be taken off of their records and they correspond with me in writing only.

 

Therefore i suggest the following.

 

Since the alleged debt was passed on unlawfully, i suggest you pass all files back to Blair Oliver and Scott for their attention.

 

Please be aware, if you continue to persue this alleged debt i will without further warning to your company inform the Information Commissioners Office of your breach.

 

I do not consent to you processing my personal data.

 

Please also be aware, that i have passed this matter onto Trading Standards and have also sent a copy of your demand for payment as well as a copy of this letter.

 

I look forward to your written confirmation that this matter will be passed back to Blair Oliver and Scott and that no further action shall be undertaken by yourselves.

 

Regards

 

KPR.

[kennyparkroad]

like i said, thoughts suggestions welcome.

 

KPR

[speedy016]

Hi Kenny

 

Can't offer you advice as i'm just starting down the same road myself but with a different DCA.

 

Just wanted to let you know I think what your achieving is amazing, WELL DONE and keep up the good work.

 

Absolutely addicted to your thread now, can't wait for you to finish them off. :grin:

 

WELL DONE YOU!

 

Regards

Speedy

[kennyparkroad]

i have used the above letter and

 

sent one to EOS

 

sent a copy to trading standards

 

 

i have also finished my ICO complaint and am posting that tonight.

 

will update you with anything else when i can.

[kennyparkroad]

Have been in touch once again with Trading Standards.

 

 

Heres whats going on

 

Basically i asked my case officer if she had any reply from Blair Oliver and Scott regarding my case.

 

This is what she sent back.

 

 

HI KRP

 

No, they did not respond. I have now requested from both Blair Oliver

and Scott and Bank of Scotland the name of the person to whom

correspondence regarding further action should be sent. I shall also

notify the trading standards services in the areas that the companies

are based of the situation.

 

Regards

Linda

 

Legal and Protective Services

Trading Standards Service

 

 

 

 

 

so its still ongoing,

 

any thoughts?

[kennyparkroad]

PS - have heard nothing from EOS since i sent them the letter

[reduk054]

HI Kenny, Glad that things seem to be on the up for you. About time eh? With all of this hard work that you have been putting in?!

Seems like your letter and your dealings with TS have started to help

Great stuff, keep going

!

Red

[life_goes_on]

Hello Kenny,

I've just signed up to this forum and I'm exhausted reading your entire thread, so I can't imagine how you're feeling after all this time. I'm amazed that all this has happened and all they had to do was send you your agreement back in december and it could have prevented all this.

I just want to give my support as others have done, please continue with this thread through to the end, so we can all learn what happens. I'm glad there are people like you who will fight to the end, and not let these corporate giants walk all over them.

[jim2007]

Please help! I am new to this site and am unsure as to whether anyone may be able to help me. This is my situation :

 

I have received throught the post a letter from Lowell Financial asking me to call to confirm my address details as an address I was linked to 6 years ago has been linked to my name. I moved to Spain in June 2001 and came back to the UK in Oct 2006. I had a loan that was outstanding for about £4k with M&S financial services and a credit card with Capital 1 that was only £200. The address I was registered to at the time was not an address I was on the electroal role at. Im my whole time out of the country not contact or payments were made regarding these debts. I am now on the electoral role in the UK and have been for about 4 months.

 

I would be extremeley grateful if anyone can provide my with any advice as to what to do next.

 

Many Thanks

 

Jim

[tomterm8]

Please help! I am new to this site and am unsure as to whether anyone may be able to help me. This is my situation :

 

I have received throught the post a letter from Lowell Financial asking me to call to confirm my address details as an address I was linked to 6 years ago has been linked to my name. I moved to Spain in June 2001 and came back to the UK in Oct 2006. I had a loan that was outstanding for about £4k with M&S financial services and a credit card with Capital 1 that was only £200. The address I was registered to at the time was not an address I was on the electroal role at. Im my whole time out of the country not contact or payments were made regarding these debts. I am now on the electoral role in the UK and have been for about 4 months.

 

I would be extremeley grateful if anyone can provide my with any advice as to what to do next.

 

Many Thanks

 

Jim

 

Personally, I would write back (don't telephone), confirming that you lived at that address but had all post forwarded, and that you recieved nothing from their organisation.

 

i would also start a new thread so that people can give you advice:)