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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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Diskmandave -v- Robinson, Way & Co - The Never Ending Story


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I may need to crib that letter if you don't mind. According to their last letter to me I should pay them £1 a month on the 21st of each month, April 21st being first pay day. Oops, I forgot to pay the nice people!! :o

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83713-cca-request-non-compliance.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85349-view-inside-whitleblower-thread.html

 

Regards, Dave.

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Wasn't really going to do anything with this until the weekend, but after seeing tifo's letter for CCA non compliance we'ld poke the bear!

 

Think we'll go for a refund as well! :o

 

Here goes letter.......

 

Page1

SWScan00067.jpg

 

Page 2

SWScan00068.jpg

 

This is going by Special Delivery. (EDIT: Recorded Delivery, now I know it will go in the bin!)

 

Let's see what that does then, I imagine they'll start missing my £8 real soon (bless!), so am expecting a 'phone call real soon as well...

 

Can't wait to see the response to this!

 

Well, had to think about it before I did, but... I've posted THAT letter"

 

OMG!! Can't wait for their reply!!!

 

I'll update next time they write or call!

 

Regards, Dave.

 

-----------------------------------------------------------------------------------

Don't forget to click my scales if this post has helped you!

-----------------------------------------------------------------------------------

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Way to go, Dave!

 

Are we taking bets on...

 

1. how long it will take for them to reply;

2. what will be in their reply;

3. will they reply at all?

 

:-D

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Hello Diskmandave, yes i would be interested in any response you get from this company,especially on the refund front :)

 

I have had dealings with this DCA and they took my cash for 6 years or so,its literally "payback time" i hope you are successful in your claim :)

 

Good luck regards S

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Hope you sent some nice soft paper for them as well. ;)

 

After reading that I KNOW they're gonna need it.

 

Get the distinct impression you're having the time of your life. lol

 

This is better than Corro and certainly more entertaining. Thanks DMD. :D

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good luck dave,

i am posting similar letters today requesting my payments back to moorcroft re littlewoods and global debt recovery re llyods tsb,

will be interesting to what transpires, nothing ventured nothing gained imho :)

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Thanks to all of you above! It's great just to know you're there.. ;-)

 

Been on Royal Mail tracking and the letter was delivered this morning.

 

I've got to admit, i'm really nervous about this if i'm to be honest!

 

Guess i'll be getting a 'phone call soon?

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Dave, bet you won't get a quick reply...they'll need a dictionary, and without being able to spell dictionary they won't find it on the book shelf ;)

 

Wishing you the best of luck, I'll be watching for your posts.

 

Cheers, Zim.

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Cheeky Vimto Dave, great for stiffening the backbone even if it does tend to make the knees wobble. :grin:

 

I'd take a bet it's only a temporary wobble on your part, by tomorrow you'll be all fired up and ready to slaughter them and just think how many bottles of backbone stiffener you could get with the compo. :wink:

 

Regards,

 

Tricia. :)

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I'd join you (in spirit as well as fact) but I've got to transcribe a 95 minute interview and doing that 'hunt & pick' style after cheeky vimto could mean I was up all night (and for all the wrong reasons). :(

 

Oh well, I'll get it on ice for when you win. :lol:

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Just out of interest... Does anyone have a blinding SAR for total compliance?

 

i.e. "I want everything".....

 

Just to back up the threats I made in the letter that they signed for today!

 

BLS/LTSB can wait 'til next weekend as they've already admitted there's no agreement, so their threats are empty!

 

If I can get a good total compliance SAR, i'll post it to RW&C in the morning!

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Hi Dave,

 

Don't hold your breath for a reply from your DCA... I have done similar and been competely ignored. My guess is that they will wait and see how far you will pursue it.

 

You can use some of the following in your S.A.R - (Subject Access Request) letter.... just adapt it to your needs, as the one below was intended for an original creditor.

 

Thank you for your letter of xx/xx/2007. However, a Subject Access Request entitles me to receive :

 

A complete list of transactions and charges relating to my entire banking history with your organisation. In other words, I require all transactional data that you have ever held in relation to myself, on all accounts and in all formats, whether in statement form or on fiche.

 

A complete breakdown of all transactions and charges and how they have been applied to my account(s).

 

Copy documentation that gave you the legal authority to sell my personal data to an external company. I also require sight of any documentary evidence to support the sale of any accounts; the Deed/Document of Assignment and/or written confirmation of the details therein.

 

Details of the identity of any individuals or organisations who you have provided with my personal information, together with copies of any letters of instruction, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

 

Full details and copies of any documents which you relied upon when you provided my personal or financial information to any individual, organisation or third party.

 

Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction.

 

Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Please take note that, unless this matter can be resolved between ourselves, I will be commencing County Court proceedings against xxxxxxxx xxxxxxxx for full disclosure under The Data Protection Act, 1998, a full breakdown of transactional charges applied to this account before closure, together with a claim for damages for the unlawful sale of my personal data to an external debt collection company.

 

You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act, 1998. A full report will also be submitted to the Information Commissioner. At this point, I would draw your attention to the content of the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding my personal data.

 

I will give you 14 days within which to reply. If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Without ambiguity, I trust I make myself perfectly clear, and invite your considered response before taking this matter further.

 

 

Hope it helps. :)

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Hi :)

 

No, nothing at all, I was at least expecting (looking forward to!) a 'phone call this week.

 

I really do hope that RW&C read these forums because i'm going to start the reporting ball off with Trading Standards next week.

 

Regards, Dave.

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Dave

I have, today, reported RW&C to Salford Trading Standards, they were EXTREMELY helpful about this and the say they are alway inundated with complaints about them, they have an allocated officer who deals with them and my complaint is being handled by them.

 

Give them a go, they were certainly worth a phone call in my case.

 

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Hi :)

 

No, nothing at all, I was at least expecting (looking forward too!) a 'phone call this week.

 

I really do hope that RW&C read these forums because i'm going to start the reporting ball off with Trading Standards next week.

 

Regards, Dave.

 

We know they do. It must really make them despair:D

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Dave

I have, today, reported RW&C to Salford Trading Standards, they were EXTREMELY helpful about this and the say they are alway inundated with complaints about them, they have an allocated officer who deals with them and my complaint is being handled by them.

 

Give them a go, they were certainly worth a phone call in my case.

 

TF x

I take it Salford because that is RWs local Trading Standards

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Ooops! Must check my post before I say there's no update!

 

Short and sweet it is though...!

 

"In response to your recent correspondence please be advised that we have requested a copy of your signed agreement as requested. We will contact you shortly regarding the outcome of this request."

 

Not on a template letter, but that's it. I'll scan it if anyone really really wants me to, but the only other information on the letter is what i'ld normally black out.

 

Some letter writing to do later methinks?! :rolleyes:

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I take it Salford because that is RWs local Trading Standards

 

Yes they are, easy to find on Google and you can e-mail them then they will call you back.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Just a little update...

 

Just called them (i've got to have my fun!).

 

RW: Reference number, name and address please.

(manners haven't improved then!)

DMD: It's Mr DiskmanDave, of blahdy blah...

RW: (Manner changes!) Good Evening Sir, you're speaking to Richard

at Robinson, Way and Company, how can I help you today please.

DMD: I want written details of your company complaints procedure please.

RW: ...... (silence)........ Hold the line please sir I'll be back to you momentarily.

DMD: Thank you.

RW: I can send you our complaints procedure in the post now sir, do you

mind if I ask what the problem is, I may be able to resolve it.

DMD: I'ld like the procedure in the post please, i'll only address it in writing.

RW: That's no problem sir, i'll arrange that right away. Is there anything

else I can help you with today?

DMD: No, thank you, you've been very helpful.

click.......................

 

 

I think they're slowly getting the message!

 

Now preparing files for both Salford & Tameside Trading Standards, go through their complaints procedure, report them to FOS...

 

This is just getting better! All they had to do was send me the bloody agreement and I would have paid the settlement figure they gave me in the first place as it was 50% off in final settlement!!!

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