Spiritgirl -v- Various DCAs

[lemma1968]

Rory, you are way too kind to them. And I was always told that ignorance of the law is no defence.

[rory32]

And I was always told that ignorance of the law is no defence

You've obviously never seen a defence submitted by a DCA

[lemma1968]

Touche!!!!

[stadium_arcadium]

Hi again my friends

 

Thanks for the advice re Lambeth TS x

 

Back from my mini-break feeling a little less stressed LOL. Only ONE letter waiting for me but it is a little belter and I couldn't wait to relate the saga to you all tonight and give you a laugh.

 

The little gem was a letter from Creation Financial Services threatening to take action against me if I didn't phone them immediately. Now bearing in mind I have S.A.R.'d them, me thought they had somewhat jumped the gun...anyhow I decided to phone them as the letter was from their "Legal Department" and I felt like a good laugh!

 

Got this very pleasant lady on the phone and this is how the conversation went ....bearing in mind she was in their LEGAL department...therefore quite knowledgeable one would think....do not be fooled pmsl ....

 

...after going thru security etc...

 

(her) so are you ringing to make a payment by debit card or credit card?

 

(me) no I am ringing because I don't understand why you have sent me your latest letter dated XXX as this account is in dispute and I am waiting for you to respond to my Subject Access Request

 

(her) respond to your what?

 

(me) my Subject Access Request letter dated XXXX

 

(her) ....long silence as cogs turn.... and what is one of those?? :o

 

(me) let me explain to you (explains!)

 

(her) erm...well I've never heard of THAT before ...what is it called again, a subject access request....let me make a note of that....how long do we have to comply?

 

(me) forty days from the date of my letter which was XXXX

 

(her) well it may have gone astray because its not on my screen

 

(me) its somewhere around your office - it was sent recorded delivery and has been signed for!

 

(her) oh well then it won't have gone astray....erm, can you read the letter out to me so I know what it says

 

(me) reads it out pmsl...can't believe this is the legal department guys!!

 

(her) oh, right, well I don't know why we are threatening you with legal action then because we clearly need to respond to that letter

 

(me) my thoughts exactly love!

 

(her) erm, I can only put your account on hold for fourteen days though

 

(me) well you will need to get things sorted it fourteen days then

 

(her) it may take longer, there's clearly a lot to do, I've never heard of one of those subject things before

 

(me) well please make a note on your screen about our little chat today and I'll wait to hear from you with all the information I requested, then when I've claimed back my unlawful charges from your firm we can discuss this further

 

(her) oh yes, you mean like those bank ones ...I know the charges you mean!

 

(me) precisely - so let me have your name please and I'll wait to hear from you with all my requested information.

 

(her) yes of course, I'll make a note of everything you told me... (sounding relieved to get rid of me)

 

Guys it was absolutely priceless! I could not BELIEVE that someone in the legal department did not know what an S.A.R. was - can you?, and I couldn't wait to share it with you all!

 

Spiritgirl x

PMSL...Don't you just love calls like that? They ring you thinking they have the upper hand.....then the worm turns! Loving it! That has really cheered me up on this dreary Sun morn!

[Jeff2000]

Hi,

 

 

Yes, I've got a warm feeling all over me after reading that.

 

Brilliant.

 

 

Jeff.

[spiritgirl59]

I wonder what qualifications one needs to work in the Legal Department at Creation Financial Services???

 

None to do with Law obviously !!!

 

Glad it made you all smile friends! It certainly made my day LOL

 

Love Spiritgirl x

[Jeff2000]

I wonder what qualifications one needs to work in the Legal Department at Creation Financial Services???

 

None to do with Law obviously !!!

 

Glad it made you all smile friends! It certainly made my day LOL

 

Love Spiritgirl x

 

 

Hi,

 

 

It looks like breathing in, and then breathing out gets you in!

 

 

Jeff.

[elizabeth1]

I wonder what qualifications one needs to work in the Legal Department at Creation Financial Services???

 

None to do with Law obviously !!!

 

Glad it made you all smile friends! It certainly made my day LOL

 

Love Spiritgirl x

 

Spiritgirl - trust me when I say they'll need to have better qualifications by the time I have finished with them.

 

I have a court hearing date now for September - and judge has asked CAP1 to produce original documents in their "orders" NOW question is will a cut & pasted application form pass the CCA test for them in the court room ?

 

CAP1 are still insisting they already paid me and the monetry side of my claim is settled - which is total rubbish - I wonder how they are going to prove I ever had any payment off them - I do plan to bring this to the judges attention - how this company think they can bully and lie their way through court I will never know. BUT I am willing to continue to court and prove they have lied.

 

Seems this company aren't going to learn until a Judge gets them in court? Looks like an interesting time is ahead ?

 

Jeff thank you for that address!!

[spiritgirl59]

Oooh Elizabeth! I will await the outcome of your case with interest!

 

I have a court hearing date now for September - and judge has asked CAP1 to produce original documents in their "orders" :grin: NOW question is will a cut & pasted application form pass the CCA test for them in the court room ? :grin:

 

Are we taking bets LOL???

 

If Mr I.M. Stupid from Cap1 brings out a dodgy APPLICATION form then this will be a test case for us all!!

 

Wishing you the very best of luck!!

 

Cyberhugs

Spiritgirl x

[dom2]

I'm subscribing. Good luck for September.

[kfdh1962]

loving your work ladies:) ...cant wait for the outcome on these!!

[elizabeth1]

Oooh Elizabeth! I will await the outcome of your case with interest!

 

 

 

Are we taking bets LOL???

 

If Mr I.M. Stupid from Cap1 brings out a dodgy APPLICATION form then this will be a test case for us all!!

 

Wishing you the very best of luck!!

 

Cyberhugs

Spiritgirl x

 

 

This si going to be so much fun?

 

We should run a book on this one really - as how the devil do they expect to win this with an application form ? It's never going to happen is it?

 

What was funny was I'd written to the Directors at Cap1 - asking them if they condoned what their Legel Dept were up to etc.. ALL 8 of the Directors that I emailed and posted letters to totally ignored my letter/emails and then the Legal people wrote and told me apparently I should be corresponding the "Legal Dept" and not the directors, cheif execs and vice president etc.. - I haven't laughed so much in ages really.

 

NOW if the clever people in the "Legal Dept" got their acts together and dealt with things properly and competently - I wouldn't have to go above their heads would I?

 

I can't wait to see their "Court Bundle" as this has to be handed in a fortnight before the hearing (Judges Orders!!) should be a brilliant read I reckon

[Jeff2000]

I can't wait to see their "Court Bundle" as this has to be handed in a fortnight before the hearing (Judges Orders!!) should be a brilliant read I reckon

 

 

Well worth waiting for!

[spiritgirl59]

Update on Capital One :-

 

These utter incompetent morons have now sent me a blank list of terms and conditions and cancellation rights for credit accounts in general, with a letter stating "I have enclosed details of the terms and conditions for your credit card account".

 

I absolutely despair of them!! This has been going on since the beginning of April when I first CCA'd them and I have been sent all sorts of rubbish...they clearly do not understand what is required of them by a CCA request and I am sick of writing to explain - so I am now going to report them to OFT and TS.

 

Can anyone please direct me to a template for a letter to the OFT/TS ?, or does anyone have one they have sent which they wouldn't mind me using the jist of??

 

Many thanks

Spiritgirl x

[dencha]

Hi Spiritgirl

 

Do a search for Trading Standards and you should find a list of threads with TS in them. You may find what you are looking for there.

 

dencha

[rory32]

You now need closure on this account. There are more serious things you can threaten them with than the OFT/TS.

 

If you want ideas please look at my thread (no self promotion intended) http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear-2.html

 

The letter is about half way down the second page. What I have threatened them with is basically the gestapo of the regulatory world. Unlike TS they do prosecute, they are not under resourced or under funded and they can sieze documents rather than politely ask for them.

[dencha]

Rory32

 

Great letter. I am thinking of using parts of it for one of my DCA,s.

 

Have alook and see what you think.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81311-dencha-arrow-global-receivables.html

 

dencha

[elizabeth1]

Update on Capital One :-

 

These utter incompetent morons have now sent me a blank list of terms and conditions and cancellation rights for credit accounts in general, with a letter stating "I have enclosed details of the terms and conditions for your credit card account".

 

I absolutely despair of them!! This has been going on since the beginning of April when I first CCA'd them and I have been sent all sorts of rubbish...they clearly do not understand what is required of them by a CCA request and I am sick of writing to explain - so I am now going to report them to OFT and TS.

 

Can anyone please direct me to a template for a letter to the OFT/TS ?, or does anyone have one they have sent which they wouldn't mind me using the jist of??

 

Many thanks

Spiritgirl x

 

Spiritgirl - Don't get angry - GET EVEN with this bunch of morons!!

 

Of course they understand what is required of them - this is an international company worth millions - they can afford to pay a legal team that knows their stuff.

 

I have gone as far as to write to their Directors by letter and email etc.. to draw it to their attention that the Dummies below are messing up and will cause more problems for this company and nobody in there seems to have any backbone - so it makes me think it's all part of the plot ? It all makes me think there is nobody in there that will comply with the law etc..- BUT whether they like it or not the laws are there for these people to comply with too.

 

Go to the ICO Data Protection Complaints – Information Commissioner’s Office (ICO) THIS IS THE COMPLAINT FORM you can do it online or by post etc.. - you will be able to attach any correspondence to an email with your completed application form etc..

 

Just go back after this company cause they are wrong and need to hold their hands up admit it and sort the problem out?

[Brassed off]

Spiritgirl

 

Subscribing

 

Go for it

[spiritgirl59]

Morning guys

 

Thanks again for all your help. Have subscribed to your threads Dencha and Rory. Elizabeth thanks for the link too - I shall get on to it.

 

Just out of interest, below is the last letter I sent to them BEFORE they sent me the heap of rubbish I received yesterday so they have already been warned I will take this further!

 

These are ALSO the morons whose member of staff told me on the phone you may remember that "we don't do agreements - we only do application forms" (I do have her name and the date noted down) so I am going to have great pleasure in taking this further now!

 

Spiritgirl

 

Dear Sirs

 

Ref:

I refer you to my letter sent by Recorded Delivery dated XXXX 2007.

 

In that letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

On XXXX 2007, my letter was received and signed for at your office.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your Company commits an offence. These time limits expired on XXXX 2007 and XXXX 2007 respectively.

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1) —

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

You have sent me a photocopy of an alleged “Agreement” which is missing one or more of the prescribed terms. This makes the alleged “Agreement” invalid and therefore unenforceable. Therefore as at XXXX 2007 this account became unenforceable at law.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed as such data is wholly inaccurate and in contravention of schedule 1, Part I (4) of the Data Protection Act 1998 ("Data Protection Act 1998") "Personal data shall be accurate and, where necessary, kept up to date"

 

Failure to remove the offending data will result in court action under Section 14 of the Data Protection Act 1998 to obtain a court order for the destruction of said data and compensation under Section 13 of the DPA 1998 .

 

Since you have no valid Agreement I insist that you confirm that the balance on the alleged account is set to zero, or else I will report you to the OFT for non-compliance and a likely penalty of £2500. Once the OFT have prosecuted I will request that you are not fit to hold a licence under CCA and request its removal.

 

Failure to respond favourably to this letter within seven (7) days of receipt could result in legal proceedings being commenced against your company.

Yours faithfully

[spiritgirl59]

OMG guys it just gets better and better

 

I just signed off to feed the cats and put my washing out...and the mail arrived. This little gem was has arrived from Capital One - put your feet up and read this, try not to wet yourselves laughing (have put my comments in red). The only enclosures are 3 pages of statements from 2005 - AGAIN!

 

Dear Spiritgirl

 

Thank you for your letter about your request for a copy of the credit agreement for your account. I understand that you were unhappy with our response whatever gave them that idea lol and I would like to address this.

 

The letter you sent was incomplete, only including the first page this is interesting since it was stapled with both pages numbered, their address on both pages, and a CAG sticker on both pages! However from what I have read I assume that you are advising me that you haven't received the credit agreement you requested bet that took some working out!

 

We received your letter dated XXXX my original CCA request letter but it wasn't signed fully, it was just initialledyes indeedy so they could not then concoct some dodgy agreement with my signature on it! Unfortunately we were unable to send you the agreement without your signature, instead we sent you a letter, which I have enclosed its not enclosed advising that to send this we need your signature or for you to call our customer services department which I did, and that was when I spoke to the girl whose name I noted who said "we don't do agreements, we only do application forms".

 

By sending you this letter we were fulfilling any legal obligations to reply to you within five working days of receiving your letter.

 

As I have now received your signature that would be on my last letter telling them they have defaulted/committed an offence then I have attached a copy of your signed credit agreement nothing attached I have also arranged for a copy of the terms and conditions of your account to be sent separately presume this is the "blank" terms and conditions I received earlier this week then.

 

I hope I've explained things clearly yes as clear as a mud pie but if you do have any other questions please write to me again oh dont you worry I will be lol You'll find my address in the leaflet I've included no leaflet included which also explains our complaints procedure well I can't read about their complaints procedure without the leaflet If I don't hear from you within four weeks I'll consider the matter closed pmsl you are hoping aren't you!

 

I hope this now resolves any issues you have and that we can continue to work together in the future.

 

Yours sincerely

 

and I kid you not it is signed by Executive Ofrfice Manager

 

I propose to write back and point out their mistakes in this latest epic from them and ask for a copy of their complaints procedure which they forgot to enclose. When I eventually receive their complaints procedure I will then point out everything again by way of an official complaint and tell them to write off the debt. I have enough evidence now to really drop them in it.

 

What do you guys think?

 

Spiritgirl x

[elizabeth1]

 

I propose to write back and point out their mistakes in this latest epic from them and ask for a copy of their complaints procedure which they forgot to enclose. When I eventually receive their complaints procedure I will then point out everything again by way of an official complaint and tell them to write off the debt. I have enough evidence now to really drop them in it.

 

What do you guys think?

 

Spiritgirl x

 

 

It seems like thay have a huge tray of files woth "I don't know how to handle" writtien on it and they just send the odd sporodic reply to comply with timescales?

 

Seems this legal team really needs shaking up? So they find out what bits fall off?

[lemma1968]

Why did they need a copy of your signature again?

 

any dodgy dealings going on here?

[babybear39]

Dodgy and DCA go hand in hand

[spiritgirl59]

Why did they need a copy of your signature again?

 

any dodgy dealings going on here?

 

Emma they first said that as I had not signed the CCA request letter and had just initialled it they could not supply the agreement as they did not know for sure it was me writing to them

 

They then wrote and asked me to phone their customer services to go through security, in order for them to know it was me who had written to them and I presumed they would then respond to my CCA properly....but it seemed I had presumed wrong and credited them with some intelligence which has been my mistake all along with these plonkers...

 

...as it was during that phone call I was told "we don't do agreements, we only do application forms" and they have been true to form ever since. They have not sent me anything remotely like an agreement.

 

Spiritgirl x