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    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021   @Kyosanto Hello    Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
    • I've amended your particulars of claim to remove some detail. If you are happy then issue it immediately. I think their letter effectively acknowledges your letter of claim and that the protocol has been complied with and that they waive their rights on this point. Who signed their letter to you?
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Hi All,

I paid off a debt with BCW i took the settlement figure they offered me and the guy told me over the phone that the default notice would be changed to settled. They have sent me a letter saying its settled and the matter is closed. But i checked my credit file the other day and they have done a credit search on me a month after they told me it was settled and the reason was for a outstanding debt!!!!

 

Any advice on what to do

 

ps they havent marked the default as settled either yet

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Hi All,

I paid off a debt with BCW i took the settlement figure they offered me and the guy told me over the phone that the default notice would be changed to settled. They have sent me a letter saying its settled and the matter is closed. But i checked my credit file the other day and they have done a credit search on me a month after they told me it was settled and the reason was for a outstanding debt!!!!

 

Any advice on what to do

 

ps they havent marked the default as settled either yet

 

Paying off a debt in full with BCW gives the impression you are in cash. They will actively trace any other outstanding debts or defaults you have and take them on, knowing there's a good chance you'll pay on their terms.

 

Looks like they're checking you out as a potential moneyspinner.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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is there any way i can stop them doing this?

 

surely i'd have to agree for them to credit search me they cant just do it at random can they? how does that work

 

they really are the **** of the earth

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I'm not too sure on this one.

 

I think because you had been paying them and considered to have an 'account' with them, they can check your files to make any changes they feel necessary, and at the same time they will probably do a bit of fishing.

 

Very unfair, but I'm not sure if you can do anything about it. I'm sure someone will know.

 

All the best.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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i would of though that as they wrote to me telling me the matter was closed and the account has been passed back to the original creditor the matter should end there.

 

i think this will involve a trip to the cab

 

unless someone else more in the know can advise me?

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I understand exactly what you are saying, but honesty and money do not go together, especially when you are dealing with a DCA/Purchaser. They do not follow the rules because unless they actually get caught in the act, there is not much you can do. If you complain about them interfering with or searching your files,.... which you should,..... you can be sure they'll come up with a plausible sounding explanation, when in fact they are just fishing for business.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I'm not too sure on this one.

 

I think because you had been paying them and considered to have an 'account' with them, they can check your files to make any changes they feel necessary, and at the same time they will probably do a bit of fishing.

 

Very unfair, but I'm not sure if you can do anything about it. I'm sure someone will know.

 

All the best.

 

It all depends on the exact terms and conditions you signed. Most agreements give them permission to search CRA's for initial application and "ongoing checks" for credit worthiness (or words to that effect).

 

It's that second clause that gets you. Now two things:-

 

a) Did you CCA them for the first debt. If they don't have a copy of the signed agreement, then they can't prove that they have permission to search your credit file in the first place.

 

b) Check out the exact wording of the CRA-checking clause. If you have paid up and settled with them, then effectively you are no longer a customer and I would say that they do not have any right to issue further searches AFTER that point.

 

Although as the person above stated, they might try and argue that they were "checking to see if they had updated the file correctly". That might sound plausible, but not legal if you didn't specifically sign up to it.

 

If they fall foul of either, they will have breached the Data Protection Act.

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ok i'll send them a CCA request thanks for the advice just a couple of things

 

if they cant supply me with a copy of the agreement afterthe 12 days even though i have paid are they still in breach?

 

if there in breach can i get the default removed against me?

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emailed BCW and got a reply saying that there is no records on there system who requested the search or what the reason was and there removing the search from my credit file within 24 hours.

 

i guess they where trying it on then

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hi

 

this is the response i got from them

 

Dear xxx,

I have been passed your email in relation to a footprint left on your

Equifax file.

I can confirm that the account referred to in your email was never sent

for a Trace so I have been investigating the Footprint left on 26 March

2006.

I have been unable to find another account for you at this site so have

spoken to our head office who have searched their files. They have

numerous accounts in the name of xxxxx but are unable to find

one that matches your details, so it would be for other people of the

same name. It is possible that another address was provided which is why

the connection cannot be made. I am only able to speculate about the

files held by our Head Office as they use a different system that I

can't access.

At this stage I am unable to provide you with further information

however I can confirm that I have requested the footprint be removed.

This normally takes 24 hours so it should have been removed by Wednesday

18 April.

 

 

any advice on this surely under the DPA they must have a record of who actioned the search?

 

i'm going to email them tomorrow

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Looks like my original suspicions may have been correct - they might be trying to match you up with other debts :mad: :mad:

 

They failed, and got caught out too. This could be an opportunity too good to miss, but you will need advice from someone who is more clued up on DPA than I am.

 

Go get 'em.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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hi

 

I can confirm that the account referred to in your email was never sent

for a Trace so I have been investigating the Footprint left on 26 March

2006.

 

So they've now admitted that it had nothing to do with the original claim that you paid. So they no longer have the partial get-out that we talked about earlier.

 

Seems like a clear cut breach of the DPA/CCA. The question is, what can you realistically do about it... or want to do about it for that matter.

 

It seems a relatively friendly letter (for a DRA), but I sense an underlying message of "well, we can't find any debt this search relates to... but do you really want us to look that hard, because we might find one... You've caught us out... now go away before we unearth something...."

 

At the very least I would report them because if TS / OFT receive a sufficient number of complaints and threaten action, only then will they stop these illegal practices.

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i just cant belive that they dont have a system in place which records who requested a trace and the reason. I bet they do have a system and they know for a fact who requested the trace. I'm sure its to try and get more cash out of me.

 

i'm going to report them to TS/OFT in the morning

 

is there some sort of sticky we can get posted warning other user's about this DCA tactic?

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aaaaarrrrrrrggggggghhhhhhhhhh

 

just checked my credit file and they've searched me twice at my previous address is there anything i can send them to stop them doing this

 

Was this before or after the settlement. If it was before, then they have a very tenuous excuse for doing so (the CCA you initially signed for).

 

As we discussed earlier, once you've settled and the account has been closed, they have no further legitimate reason for performing a search and are breaking the law.

 

Apart from lodging further complaints with the OFT / TS / IC, you can send them an even snottier letter indicating that they are clearing breaking the DPA and that these additional searches are extra evidence proving it was not just a "slip of the finger"... Any further searches without permission would only increase the weight of evidence against them.

 

If you wanted, you could always launch a private prosecution against the firm, but that is utterly impractical.

 

However, they are unlikely to keep searching now. They've already seen the information they wanted to see...

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this was after the settlement

 

the second search was done after they had investigated the first search and told me there was no reason for it to be there and they where going to remove it

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this was after the settlement

 

the second search was done after they had investigated the first search and told me there was no reason for it to be there and they where going to remove it

 

Unbelivable. These companies certainly believe in a-la-carte laws. All too happy to use them to their own benefit and make us pay, but willfully ignoring those that they don't like.

 

 

 

I would write them another letter pointing out this fact and state that you feel they have broken the law (DPA/CCA) by performing further searches without your permission - after they themselves admitted that they had no good reason to do so.

 

Tell them that you will be reporting them to the appropriate authorities, citing their own statements and the various searches.

 

Also include a point which says words to the effect "Let me be clear. I do not give you permission to perform any credit file searches on me. Any further searches made against me without you being in first-hand possession of clear, written permission will be taken as further breaches of the law and reported accordingly"

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i just cant belive that they dont have a system in place which records who requested a trace and the reason. I bet they do have a system and they know for a fact who requested the trace. I'm sure its to try and get more cash out of me.

 

i'm going to report them to TS/OFT in the morning

 

is there some sort of sticky we can get posted warning other user's about this DCA tactic?

 

There probably is something of a safeguard.

 

I used to have access to the DCI (Departmental Central Index) of the DWP which contains the benefit records of virtually everyone in the UK with a National Insurance Number. From there you know where they live, D.O.B, what they get, ....a whole host of things.

 

However, unless I had that person talking to me on the telephone at the particular moment of access, or else an application form or request of some kind with their signature, access was strictly prohibited. At random moments I'd get something called a computerised DCI check where I would have to justify in writing why I was accessing somebodies records which is why you needed their permission in writing, or over the telephone. It's one of the few things I could have got into a world of Pooh over, had I been as unscrupulous as a private company/DCA employee. (I say that with confidence, because they are.)

 

I moved on from that a while ago and I don't know how DPA works at that level, but DCA's must have some kind of safeguard and I would be very surprised if they can't identify who accessed your records. In fact, I don't believe them. That's total b#llsh*t if they say they don't know, they have to know!!!!!!

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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i'm filling out the complaint to the infomation commisaire tonight. a long boring form and i probably wont be hear back before the end of the decade but i'm working on the assumption that if no one reports them then they'll keep doing!

 

i didnt have the stomach to phone the OFT or TS today had a nightmare day at week. Coupled with the fact my new company pay me by cheque (who does that in the 21st century!)and suprise suprise they give the cheques out late enough so they can cream a little bit of extra interest off because the money is sitting in there account after the end of the month when my money should of cleared

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Go get 'em.

 

I wish I could be more helpful with advice etc, but it looks like you've got it pretty much sussed out anyway. It's too good an opportunity to miss and yes, it may be necessary to put a reminder in your will for future generations to follow it up for you ;) , but you have to complain about these things.

 

Paid by a dodgy cheque in this day and age?? I didn't know you were one of the Lowell employees trying to infiltrate the forum!!! :p :p

 

( Just to make it absolutely clear, I was joking on that last bit!!!))

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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not a lowell employee i'm afraid!

 

but the finance lady at work certainly seems to be from the DCA school of accounting. I had a lovely conversation with her today about the joys of the BACS system and how modern companies save paper and from giving directors RSI from signing cheques by paying people electronically!

 

i'll keep you posted on how the complaint is going

 

i smell blood with this, I've already claimed a 1st credit default removal scalp so its time for more

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