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Pain In the Backside. RCS


ppauls150
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Ok here we go. :(

 

My girlfriend joined a Gym in 2005 but didnt use it any more and couldnt afford the payments. In the end it was passed to a debt collection agency called Revenue Collection Services. My Girlfriend started paying £15 per month to them to pay this off. She missed several payments over the last few years of paying it here is a breakdown if i have this right as they will not send us a statement but i will get onto that later.

 

Paid to the Credit Company.

Opening balance of credit. £295.00

23/2/05 £50

29/3/05 £50

27/4/05 £29.50

25/5/05 £29.50

27/6/05 £29.50 come back unpaid

total paid £159.00

 

Then it was passed to RCS and the following payments was made.

28/07/05 £15

28/10/05 £15

28/11/05 £15

??/12/05 £15

??/01/06 £15

??/02/06 £15

??/03/06 £15

??/04/06 £15

??/05/06 £15

??/12/05 £15

29/01/07 £15

Total ammount paid to RCS £165.00

Total ammount paid alltogether £324.00

 

Balance they say outstanding is £111.60

Total Balance they say on these figures we will end up paying is £435.60

This is what i sort of got out of them as they were a bit vague on this and would only give us this information out over the phone on payments as they will not send out a statement on how much she has paid and that as they say they dont have to send a statment and will not send one out under the data protection act due to the statment that they do look at contains their bank details and due to this under the data protection act they have to cover their own data. I said i was shocked that this is the only system that records payments and that they should black out any of their information on the statment that they dont want us to see but they wont.

They say they charge her for every letter that they send out £22 per letter.(This we are going to claim back explain all in a minute)

 

After finding out these rough figures I decided to issue them with several letters. One letter was a CCA Request £1 postal order for the contract and its terms and conditions, Second letter was the DPA Request and a £10 Cheque for all information they hold on my girlfriend plus copies of telephone recordings made to them or transcripts of telephone recordings, also a covering letter expalining again what is requested in these two requests, and a prelimary letter requesting a breakdown of their charges and if not all payments for letters they have charged to be refunded.

 

Think that covers that bit.

 

I also made a complaint letter stating that the call agents are very rude and very unhelpful in gaining informtion you wouldnt believe the sh*t they gave out. They also would not escalate the call to their supervisor and nor would they give out any other telephone numbers for another dept.

 

Now after todays call i want to issue them with legal proceedings as we dont seem to be getting anywhere. Our DPA request has not been dealt with no breakdown of charges, no telephone recordings sent out or transcripts, no statment on how much has been paid(Which asks the question how can you demand money without proving things) the only thing that was sent out is a log of actions that have been taken on the account. i.e time dates what happened and by who.

on the bottom of the log it states that there is 134 notes which i take what this means is logged notes but all they have sent out is certain logs there are a lot of logs missed out and only 43 logged notes have been sent out.

For instance this is the last log.

130) 08/03/07 11.46am CONTACT NUMBERS. DBT GOT RUDE.ASK WB/WD

134) 08/03/07 12.04pm ON THE PHONE FOR AGES WANTRS COC WB/HP

 

this is how each log is shown.

 

We asked today if they received our letters they say no they dont sign for them yet on the royal mail website it says it was delievered but cant view any signiture. They did receive the letter though as they did send out the Contract but the other letters that was with this(as they were all in one envelope) the DPA letter they dont have and the £10 cheque they cashed and took off the outstanding balance :o

 

How can you receive all these letters in one envelope and only deal with the cca request and say that there was not a dpa letter in there and still cash the cheque :S

 

They are telling us again we have to request this information again and send a self addressed envelope in and a £10 fee, which we already did but they wont listen.

 

So i want to issue court proceedings on them for non compliance of the DPA whether they say they received it or not as it was all in the same envelope, and also issue court proceedings on reclaiming the money back yet we dont know roughly how much as we cant get a breakdown sent out to us on what we have been paying.

 

So any advice on where to go from here would be nice please. Can i issue for non compliance of the dpa and the charges at the same time on the same form? shall i do two different claims?

 

Thanks for the advice

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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I can't see any reason why the two claims shouldn't be on the same form.

 

Have you sent a Letter Before Action yet? If not, send one stating exactly what data you require from them, and that you require a glossary of unintelligible terms and abbreviations. You DO NOT have to pay another fee, their original response was totally unsatisfactory.

 

Give them 14 days to comply, and in addition to either refund their charges or to fully disclosed how their charges were calculated; otherwise start filling in that N1 :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Well here is my reply :D please tell me what you think lol maybe a little strong perhaps ? I do like writing an essay by the way if you think it is a little long lol ;)

 

IMMEDIATE ACTION REQUIRED DO NOT IGNORE THIS LETTER

Dear Sir/Madam

Please take note this is the final letter you will be sent with regards to the following issues.

1. Failure to comply with the Data Protection Access Request sent on the 8th March 2007. Royal Mail Reference Number DH 8286 3735 5 GB (See copy of attached letter which was with the same letter with regards to the Consumer Credit Act Request which has been complied with)

2. £10 Cheque cashed and used as payment of the debt when this was to cover the administration costs incurred for the Data Protection Access Request under the Data Protection Act

3. Failure to send information with regards to the Data Protection Access Request with regards to all system logs made on your system and not part logs or part log information which cannot be read. Also copies of telephone recordings or transcripts of all telephone recordings with regards to the above account.

4. Failing to produce a copy statement of payments made with regards to the amount owing and as such is a criminal offence not to produce this information under the Administration of Justice Act 1970 and the Consumer Credit Act 1974.

5. A breakdown of your £22 per letter charge to show that this is the true costs incurred by your company that these are actual cost incurred and are not penalties being imposed on the above debt. If these charges incurred are a penalty then I expect a full refund on all charges that have been placed on the account to be repaid back within 14 days.

Please note that several attempts have been made via telephone conversations with your unhelpful and rude call centre agents to try to keep this matter simple and polite without success and as such your company has now been reported for all the above issues to the Office Of Fair Trading where they are awaiting my response to them within the next 2 weeks on what action you have taken to remedy the above issues.

As you have already had 53 days to comply with Requests unsuccessfully, I give you a further 14 days from the date of this letter to remedy the situation by sending all the information concerned. If no response is received after 14 days I will report the matters back to the Office Of Fair Trading and furthermore I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the Office Of Fair Trading direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Though there are many Laws covering the information you are failing to send me, here are a few extracts from the Office of Fair Trading with regards to Debt Collection Agencies.

2 UNFAIR BUSINESS PRACTICES

Communication

2.2 Examples of unfair practices are as follows:

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

6. Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

7. Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

8 Debt collection guidance July 2003 (updated December 2006)

Note all this was tried to be explained to your rude and uncooperative Call Agents who do not seem to know what they are doing other than trying to belittle callers and when they are being told something that they have to legally do they get even more rude and say they are hanging up the phone which is even more rude.

I await your response within 14 days.

Regards

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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