laaldinger V NC Oohdear

[laaldinger]

Hi everyone,

 

Just to say that we/ my OH, has a payment plan going with NC Oohdear, and as its been near the 6month 'time to start ringing them for more' we sent off a Statement of Affairs. (15 out to 15 of 19 debtors)

 

They responded by asking for us to ring them.

 

We sent off our first CCA (recent arrivals to the site), which was delivered 23/4/2007.

 

This is what we put

 

Dear Sir/Madam,

Name: xxxx

Reference: xxxx xxxx xxxx xxxx

Further to receiving your letter dated 12th April 2007, I am writing to you to inform you that in previous correspondence with your company, I have informed you and repeat, ALL communication with me MUST be maintained by letter.

You stipulated in your letter that you are acting on behalf of another party, yet I can find no reference to this authorisation to act, from xxxx, therefore under the Data Protection Act 1998, I can not discuss this issue further without such confirmation.

Therefore, I require you to supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a full statement of account and I look forward to receiving that as well.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed a £1.00 cheque to meet with the statutory fee. THIS FEE is not to be offset against any alleged debt and must be used for the purpose stated.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

Enc Cheque number _____ for £1:00

 

So now its 'wait and see' what they do.

 

will keep you all posted

[rory32]

Well done laaldinger....that first step is the hardest. You may want to have a look through the sticky on the OFT guidelines for debt collection. You will then be in a stronger position to deal with them.

[rory32]

Oh yeah did you send the letter recorded? If not just allow 2 days for pigeon posts then allow 12 working days for them to default (and its 99.9% certain they will default). Once they have defaulted on the agreement you don't have to pay them a bean until they come up with the agreement.

[laaldinger]

Yes, was sent recorded del. Checked on the PO website so I know it was delivered. As I say we have been doing this a while, somehow our 'luck' has held, other than 'phonecalls we have had it relativly easy, only 3 duffers, the rest have been reasonable to deal with

 

1 Question though to anybody out there. My next payment is due NOW. Should I send it (cheque) as usual, or wait ?

[rory32]

I would send it so they don't default you.

They can't legally default you once they are in default of the agreement.

[rory32]

Only 3 duffers - you have been lucky!!!

[laaldinger]

Got the CCA back, ha, as if, missing everything almost. Will post a copy as soon as I figure out how to upload/link a copy/scan.

But, and its a BIG but,

having recieved the 'copy', the application makes NO mention of details being passed to a 3rd party, and to my way of thinking, this Contravens the Data Protection Act in that Authority has NOT been given.

While I'm pretty happy that the CCA has not been fulfilled, I think I'll wait till the 12 + 30 are up before I raise it.

 

What do you all think?

[laaldinger]

Just re-read my origional post. They should of included a copy of their authorisation as per my request, nor have they supplied the statement of account.

 

As I say 'NC Oohdear'

[diskmandave]

They can't legally default you once they are in default of the agreement.

 

But the sad reallity is that they do!

[rory32]

I know Dave..........doesn't mean you have to let them get away with it.

[laaldinger]

So anyway, thanks to help from diskmandave and others, heres the reply I got. What you see is what I got, nothing more. Hardly fulfills ALL of my request, but hey, thats there prob.

 

 

After convincing the OH, I will wait for time to run out, 12 working days from Wed 25th April, and see what else I recieve.

[diskmandave]

This could go the same way as my Lowell/Cap1 thread if U get TS's involved!

[laaldinger]

Yes Dave, knew I had seen this simmilar somewhere which is why I was so convinced about it. It was your thread.

Part of my/our prob is, due to a berevment in the family, I will some time in the recieve a small inheritance.

I would like to use some of it for a family treat, and the rest will go towards OUR debts.

My reasoning towards going this route is it will help (I hope) in being able to make an affordable FINAL payment, so we can be debt free.

No, I dont want to 'lose' my debts, I just want to legally and (as) morally as we can, finish them.

Anything I can do towards reducing this Final payment is a good thing (hopefully down to 50% of the outstanding) 'cos we have been paying for a good while now.

[laaldinger]

Hi rory32.

Yes, from what I've read on the CAG, I know we have been really lucky, no real horror stories to pass, but I couldn't begin to tell you why 'cos I just dont know.

 

IMO

weighmans have been the worst, usual reply to any corrospondance has been to request a charge on my house,

GE Money are just a pain in the posterior, constant phone calls (thanks god for CLI by BT)

and this shower nco

 

So my thoughts do go out to those who are suffering at the hands of these people.

[Zimmie]

Don't forget Laaldinger..before even considering a F & FS, make sure you get any illegal charges removed, I'm sure that will vastly reduce the amount outstanding. Also if you pursue their default with TS, they may be happy to compromise even more.

[laaldinger]

Thanks for the advice there Z,. As I say though, now its a case of letting the clock do the work.

I take it you agree with diskmandave and its only an Application rather than an Agreement?. As far as I can see, and it is a poor fax copy, that it is missing the Interest rate, payment period etc.

[Zimmie]

I do agree with Dave 100%. But they'll probably try and argue that its perfectly valid...a problem I'm having with a DCA currently...the only trouble is I'm starting to enjoy arguing with them! I'm even planning what to say in my reply to the letter they haven't even sent me yet I really must get out more!!

[diskmandave]

I do agree with Dave 100%. But they'll probably try and argue that its perfectly valid...a problem I'm having with a DCA currently...the only trouble is I'm starting to enjoy arguing with them! I'm even planning what to say in my reply to the letter they haven't even sent me yet I really must get out more!!

 

Ohh boy! Me & you need to go to Asda & meet up in the, "get a life", section...?! LOL!

[diskmandave]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

[laaldinger]

I do agree with Dave 100%. But they'll probably try and argue that its perfectly valid...a problem I'm having with a DCA currently...the only trouble is I'm starting to enjoy arguing with them! I'm even planning what to say in my reply to the letter they haven't even sent me yet I really must get out more!!

 

Funny enough, I work as a gardener and I'm on my own more often as not. Its the best time. Paid to tell idiots (IMO) what they have said/wrote is all wrong (goes for some bosses I have aswell). Even edit the wording so when I get home all I need to do is type it up. Brilliant.

 

So really, nope, getting out more isn't the answer!

[laaldinger]

Hey guys, as a follow up I was just re-reading the compliment slip that came with the APPLICATION FORM, and guess what I saw.

Our dealings on this acc. are with NCO Financial Services (UK) Ltd., yet the comp. slip has on it NCO Europe Ltd.

My guess is that they are doing 'a Cabot' here, and I bet the same arguments about data processing and DPA are in general used!

I am going to wait till Mon/Tue to check it over and consider my/our response, but will in all likelyhood be asking as to how they can be using data that they are NOT and HAVE NOT been authorised to hold and process.

 

FYI, when I say my/our in my musings, I am acting on behalf of my OH, with her FULL WRITTEN permission, and this has been communicated to the DCAs in writing. If I can do it 'properly' how can they not.

[Zimmie]

Oh what are we like?

It's a pity we're not close enough to meet up for evenings of 'Things to do/say that will wind the DCAs up!

I often ponder over whether DCAs have noticed the similarities in letters they receive from us mere mortals! Oh dear here I go again...Dave see you in Asda by the Get A life section

[Zimmie]

Laaldinger, I think most DCAs seem to have several offshoots of the main company, and generally they seem to be based at the same address (the one hassling me sends letters from 2 of its 'companies' from the same person! Hope he gets 2 salaries). I think they just pass you from desk to desk when they want to increase the scare factor. It used to scare me, but not now.

I'll be interested to see how you get on re the data processing.

[laaldinger]

I'll be interested to see how you get on re the data processing.

 

I'll be sure to keep you all posted, but remember, I am acting on behalf of my OH, and I prefer for her to agree to what I'm doing

[laaldinger]

Hi all, me again. Heres my first draft of my reply to NCO Europe Ltd, following the above.

 

 

To Whom It May Concern,

 

I have recently received a compliment slip dated 27th April 2007 from you with a copy of an application form in my name, with a handwritten reference as noted above.

 

As I have no record of your company in my financial dealings, I require some information from you, or the person so authorised to give these details.

 

This request is made under the Data Protection Act, and my concern is that you appear to have personal and private information held on or about me.

 

I have not at any time authorised any company or individual to pass, store or process my personal details in relation to your-selves. In this respect I draw your attention to your copy of the application form attached to the received compliment slip, which in no way asks for my consent for information to be passed to a third party.

 

I will not be authorising you, your company, or any person acting for and on behalf of yourselves to pass, store or process my personal details without written confirmation from yourselves as to the purpose of these details, and the reason for processing them, and then you must not consider yourselves authorised until you are in receipt of said written authorisation.

 

I now require you to, within 7 (seven) days of receipt of this letter, to inform me in writing as to,

· Explain how you have gained access to, and continue to hold these personal details, including the legal name of the company and the person(s) who passed on these details.

· The legal name of your company, which it now appears to hold and processes these illegally transferred personal details, and the name of the person who received these details on behalf of said company.

· Whether your company has been known by any other name(s) since 2002 or the date at which you say you became the legal holder to the title on the above named application, which ever is the younger of the two.

· The name of a single point of contact within your company to whom I may address any future action I may choose to take in regard to your illegal storage and processing of my personal data.

If you need further information to confirm my identity I will be happy to respond, but please note, you initiated contact, and I am replying from the exact same address that you have been happy to send your mail to.

 

I look forwards to receiving your prompt, written response.

Yours truly,

 

 

What do you all think, anything I'm messing up on, or just getting my own back