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This is a bit long-winded folks, so i apologise in advance. I'm going to post all corresondence ive had so far with these monkeys. Bit of background first... Original debt with LLoyds TSB (a personal loan) back in 1997. I got into a whole heap of financial difficulty and defaulted on the loan. LLoyds gave up the ghost on this debt in 1998 and "charged it off". However, since 2001, after numerous threatening letters and phonecalls from Global Debt Recovery, whom advised me that they were "collection agents" for LLoyds TSB, i started paying token payments towards this old debt.

If only i knew my rights back then! Anyhoo..just recently i thought i'd better get this one sorted once and for all...and here it is in chronological order...

CCA request sent 19th april 2007:

To GM-Law Solicitors

Re: Lloyds TSB Bank plc A/C 301********** Ref:

Dear Sir/Madam,

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with Lloyds TSB Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

Yours faithfully,

Me.

 

they received this on 20th april 2007, and their reply...received on 23rd april 2007 was:

 

Dear Hannahbtw,

Re: FV-1 (Lloyds TSB Bank) account no. 301**********

Balance: £4***

Thank you for letter which was received today.

Due to the age of the debt the copy documents you requested are not readily available however you have been making payments on this account since 25th January 2002.

We enclose screen print of the additional information provided by Lloyds TSB when the debt was assigned to FV-1 Inc on the 23rd December 2006. Our records show that we have already sent you the letter of assignment.

You will notice from the enclosed screen print that interest and charges have been frozen on this account.

We trust the above is of assistance.

Yours sincerely,

GM-Law Solicitors.

 

now thats all well and good sending me a screen print, but its NOT a Credit Agreement in any way, shape or form...so i merrily waited until they had defaulted on my request (2nd May was the deadline) hearing nothing at all from them....when...on the 4th June...this arrived:

 

Dear Sir or Madam,

Re: FV-1 INC

Balance Due: £4***

We have undertaken a review of your account and in line with our acceptance of your offer it is now time to increase the payment amount. (you've got a snowball's chance in hell of that, u wallies)

You are welcome to complete the means statement on the reverse of this letter and return it with your payment.

You are welcome to ring the above telephone number to discuss your account.

Yours faithfully,

G M Law Solicitors.

 

so, not only have they defaulted on the CCA request, they now want to hear my repayment proposals and get me to fill in a means statement...they really are the pits.

So i send them off a CCA "breach" letter on the 4th june 2007 as follows:

 

Re: Lloyds TSB Bank Plc Account no: 301**********

Dear Sir/Madam,

I wrote to you by recorded delivery on 19th April 2007 asking for a copy of my agreement together with the relevant information under S77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 20th April 2007 according to the Royal Mail.

 

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 calendar month, your company commits an offence. These time limits have now expired and I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information I asked for in my original request.

 

As you are no doubt aware that if the creditor under an agreement fails to comply with the above request:

 

(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.

 

AS such this account has became unenforceable at law. Consequently I do not acknowledge any debt to your company, and no further payments will be made in respect of the above number.

 

 

As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

 

 

What I require.

1. Pursuant to the Data Protection Act 1998 I require you with immediate effect to ensure that all data held by you regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency database.

2. Ensure that all data held by you regarding me is destroyed.

3. Refund all monies paid to you by me.

4. Ensure that all correspondence is made in writing.

 

 

Failure to comply

Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.

Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.

Continued telephone contact will generate a complaint to the police.

Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.

 

I await your prompt response within the next 14 days

Yours Sincerely,

Me.

 

they signed for this on the 5th june 2007, now bearing in mind that the 30 day deadline was on the 2nd june 2007, and i still have no Credit Agreement from them.

Now the next letter i received was interesting, in the fact that it wasn't computer-generated waffle..but someone in GM-Law Towers had actually taken the time to write a proper letter to me. Here it is, as received on 12th june 2007:

 

05 June 2007

Dear Hannahbtw,

Re: FV-1 (Lloyds TSB Bank) account no. 301**********

Balance £4***

We acknowledge receipt of your letter dated June 2nd.

First of all we enclose a copy of our letter dated April 20th. This was sent to you in response to your previous request.

It should be noted that failure to provide a copy of the credit agreement does not mean that the debt ceases to exist.

On 14th November 2001 you formally acknowledged the debt when you sent an email offering £2*** in full and final settlement of the debt. At that time our client was prepared to accept £3*** in full and final settlement. Unable to avail of this offer you responded by email with an offer of £30.00 per month. Your offer was accepted subject to review and we received the first payment on February 25th 2001.

Following a review in June 2003 we agreed to reduce the monthly payment to £10.00 per month subject to review.

On 23 July 2005 you sent us a fax requesting a full and final settlement figure. Although we responded by sending you a full and final settlement offer of £2*** on July 28th 2005 you did not take up our offer.

We received a letter from you on 8th November 2005 offering £1.00 per month as you were working part time with an income of £*** per week. We accepted this subject to review.

On 12th June 2006 you sent us a statement of means confirming that your monthly income had increased to £**** but your repayment offer remained at £1.00 per month and you continue to make regular payments on the debt.

In response to your request pursuant to the data protection act; we enclose copies of the data held; we will not be making any submissions to the credit reference agencies; the information held is adequate, relevant and not excessive in relation to the purpose therefore your request to have the data erased has been denied.

All moneys received in respect of this debt have been passed to our client and you are not entitled to the refund you requested.

Yours Sincerely,

GM-Law Solicitors.

 

ooo..so i've been told hey! ha! enclosed with this letter was 12 pages of screen prints, showing all the payments i've made to Global Debt Recovery/GM-Law since 25th jan 2002. also there were short-hand "notes" on my file like when i'd changed my address, when i'd written to them previously etc.

But, still no Credit Agreement....

But what really got me about this letter was the fact that they were stating that "all moneys (sp..surely its monies) received in respect of this debt have been passed to our client"

Now, i wasnt sure that was strictly true, as from their first screen print it was showing that Lloyds TSB had "charged-off" this debt.

So, i rang LLoyds TSB, and eventually got through to a kind gentleman in their debt recovery dept. he advised me that yes, the debt was charged off on 20th march 1998 and LLoyds are no longer pursuing this debt, and had NEVER received any monies for it from Global DEbt Recovery. However, he said the debt wasnt assigned to Global, but sold to them on 24th jan 2007! weird. So i asked him to put in writing that i no longer owe LLoyds TSB any money, which he assured me that he would do. result!

I thought i'd better inform GM-Law of my position and sent off this on 14th June 2007:

Re: Lloyds TSB Bank Plc Account no: 301**********

Dear Sir/Madam,

I acknowledge receipt of your letter and the copies of data you hold regarding the above account, which I received on 12th June 2007.

I have noted your comment that your failure to provide me with a copy of the credit agreement does not mean that the debt ceases to exist.

Your failure to provide me with this document, does however, mean that you cannot enforce the agreement with regards to collecting payments and should you wish to enforce the alleged debt in court you will need to produce the signed copy of this agreement.

The fact that I have made payments on this account for a number of years is only testimony to the “scare tactics” made by debt collection companies forcing people to pay up rather than be faced with possible court proceedings and/or bailiffs visits. I would have, quite happily, made payments on this account, providing they were going to Lloyds TSB the original creditor, and to pay off the balance that was due.

I have today spoken with the original creditor, Lloyds TSB, and a senior colleague advised me that this debt was “charged off” on 20th March 1998. They are willing to send me a statement from their Consumer Debt Recovery office highlighting the facts that I no longer owe any outstanding balance on this account and that they have no interest in pursuing a debt that doesn’t exist on their database any longer. I originally opened the account with Lloyds TSB on 12th June 1997 and the last contact with their office regarding the account was in November 2001. As far as Lloyds TSB are concerned the account with themselves would be statute barred if indeed they did wish to collect on it.

You state in your letter that “All moneys received in respect of this debt have been passed to our client and you are not entitled to the refund you requested”.

Lloyds TSB refute this claim, and state that they have received no repayments in relation to this debt from your office. They claim that the account was not “assigned” to Global Debt Recovery but was sold to this company (I understand this is your parent company) on 24th January 2007.

Once again, unless you can produce the true, executed credit agreement, then this debt (which Lloyds TSB say is settled) is unenforceable.

I do not think it is too much to ask that all monies paid to your office by me, since 25th January 2002, be refunded in full and within the next 7 working days.

Should you choose to refund my money then I will desist from informing the Office of Fair Trading, Trading Standards and the Financial Services Authority of your failure to comply with the requirements of the Consumer Credit Act 1974.

If you decide that a full refund is not possible, then I shall send you a Letter Before Action giving you a further 14 days to reconsider before commencing litigation proceedings for the full amount of £5** plus costs and statutory interest against your company, without further notice.

I trust this letter clarifies my position.

Yours sincerely,

Me.

 

Alright, so maybe i wont take them to court...im not so sure the judge would award me my money back as i think they see these payments to DCAs as "voluntary" or something. But still, i have to let GM Law know im serious about all this and they arent getting away with their failure to provide me with paperwork to support their debt enforcement. I didnt expect to hear anything from them tbh..but yesterday this arrives :

 

27 June 2007

Dear Hannahbtw

Re: FV-1 (Lloyds TSB Bank) account no. 301**********

Balance £4***

In reply to your letter dated June 14th.

Our records show that you freely acknowledged the debt when you were first contacted by Global Debt Recovery Ltd in 2001. The existence of a credit agreement or indeed a debt was not disputed (yes but i dispute it now can't you get that through your thick heads!). You continued to acknowledge the debt and make payments. Acting as agents for Lloyds TSB all the payments received were passed on to them (i think you'll find they know nothing of these alleged payments!)

Lloyds TSB exercised their right as a creditor when the debt was assigned (nope wrong again! SOLD, not "assigned") to FV-1 Inc.

Global Debt Recovery continues to act as collection agents and since the assignment of the debt to FV-1 Inc. all payments have been forwarded to FV-1 in accordance with the terms of the agreement (what agreement?!?)

Your liability in respect of the debt has not changed and you are not entitled to a refund.

You are aware that we are prepared to accept instalments in keeping with your present financial circumstances and to that end we request that you send us comprehensive statement of means together with supporting documentation and a revised repayment offer.

Yours sincerely.

GM-Law Solicitors.

 

Right, im getting seriously peeved with this shower now, they refuse to budge on this. i need a definative ****-off letter for them. Firstly, who the hell are FV-1 Inc? I thought Global now "owned" the debt, so why are these goons in on the act? And surely if Lloyds TSB "exercised" their right as a creditor when FV-1(?) was assigned, then i dont owe Lloyds anything, and i sure as hell didnt sign a NEW agreement with any other 3rd party (i.e Global, or FV-1, or even bleedin GM-Law) grrrrr..they make me so mad..lol!

Im also annoyed that they keep re-iterating that they passed money to Lloyds TSB for this debt, when its clear that they didnt. They are lying and just trying to "scare" me into paying..which i just wont. I wanna see the Credit Agreement i apparently signed with the new creditors FV-1/Global...and as you all know...this just doesnt exist.

So peeps...what do i send to them now, any ideas on how to get them to bog-off for good?

Feel free to comment on anything ive posted here.

Han x

PS i apologise profusely for the length of this post:oops:

 

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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This is a long post and there is no really short answer but I would remind you of the mantra which is prevalent in most of these threads - no paperwok=no debt.

 

Unless Global and the other shysters can come up with anything concrete they are on very shaky ground to continue to insist the debt exists.

 

It would be an interesting one to put before a clued-up judge. You may find that if GDR can't prove the debt then you could ask them to return the money you have paid - with interest!

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While you're at it why don't you ask them what they are doing with your personal data.. have you ever received a fair processing notice from these people? or have you ever given them permission to process your data? If not then not only are they in breach of the CCA but Sec 10. of the Data protection Act too ..Could help if you ever did go to court as further proofto how these DCA's flout the law. And i'm sure the Information Comissioner would be interested to. :)

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Thanks for your comments NailPost and shieldblaster!

Sorry to be thick, but what is a fair processing notice? I don't think i've come across this on the forum before.

As far as im aware, ive never given GDR or FV-1 or GM-law any permission to process my data.

The only agreement i have any knowledge of signing is one for Lloyds Bank back in 1997...but saying that, it was so long ago, and i dont have a copy of the original agreement. I've definately never signed anything constituting an agreement with these dreaded DCAs.

I really need to do a strongly-worded letter to these monkeys, but need to get all my facts right, and all the legal jargon right, which is where i get confused..im still learning u see ;)

Thanks again for your comments..keep em coming guys.

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Hi hannah

 

Those who are responsible for gathering and holding personal data are known as data controllers (ie. GDR, FV-1 or GM-Law) and are required to advise data subjects (You and me :)) what is held, for what purpose, with whom it is shared and how it is processed. This is done by issuing a Fair Processing Notice (FPN) to data subjects. Whoever takes over a debt whether by assignment or sale will now hold your data and are required to inform you of this and what they intend to do with it. Failure to do so is contravention of the Data Protection Act and the principles therein. So for instance if they have defaulted you with a CRA they are processing you data illegally and outside of the Act. For this they can expect a severe reprimand from the Information Commissioner and potentially it could carry a prison sentence and/or hefty fine.

 

The DCA could say you gave your permission when you signed the original agreement but as they seem to be having difficulty finding it that argument is pretty pointless.

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Thank you very much for that extremely useful snippet of info there, shieldblaster. I will definately bring that up in my letter to them. Its unbelievable that these DCAs can get away with flouting the law when it suits them. I have nothing but contempt for these organisations. To be honest, i dont think ive ever received a FPN from ANY DCAs that ive had the misfortune to deal with.

Love this site, its such an eye-opener!

Thanks again.

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Hanna, now if you really want to make them run home to their mommies, have a look at a similar letter that has been sent to Robbingson Way.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co-17.html

Have a read through DMD letter post #328.

 

Now the most powerful part is the end

I will not report both the original creditor and RW&C to The Financial Crime Branch of HM

Treasury, as both have failed to keep records in line with the current anti money laundering

regulations.

The HM Treasury people are REALLY serious and this is basically saying you'll send the boys round to sort you out.

Now these people don't use baseball bats, but have extremely serious powers.

 

Also have a look at rory32's letter here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/93884-wescot-rbofs-oh-dear-2.html

post #32

Be VERY careful whose advice you listen too

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Thanks for that Curlyben! What are the current anti money laundering regulations? and how do they relate to what my DCA is doing regarding their failure to provide my credit agreement? Is it more to do with their failings under the Data Protection Act?

I get myself all tied up in knots with all this legal stuff u know:oops:

Thanks for the links to those letters that DMD and Rory32 posted. They will help me no end in the wording for my ultimate "go-away-you-goons" letter to GM-Law.

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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The regs deal with keeping ALL appropriate paperwork for a period of 6 years from account CLOSURE.

This includes the likes of credit agreements and the like.

Be VERY careful whose advice you listen too

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Heres the first draft of a letter i propose to send to GM-Law..its a merge of lots of different bits and bobs here on the forum, that lovely peeps have already posted. If you recognise your own little bit of info please accept my sincere thanks. I wouldnt know where to start if it wasnt for the intelligent, articulate community on here!

 

Re: Non-Compliance of request under Consumer Credit Act 1974

Your ref: M44386.

Dear Sir/Madam,

I write with reference to your letter dated 27th June 2007

On 4th June 2007 I wrote to advise you that on 2nd June 2007 you committed the offence laid down in Section 77(4)(b), and that as per Section 77(4)(a), you are not legally entitled to enforce the alleged agreement.

The Consumer Credit Act 1974:

S.77(4) 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 state in your letter that I acknowledged the debt and made payments, and that these payments were forwarded to the original creditor. I acknowledged the debt to Lloyds TSB with whom I originally had an agreement. I was mistakenly under the impression that any payments made would be forwarded to Lloyds TSB. After speaking to a representative of Lloyds Debt Recovery Team I was advised that this was not the case, and that they had closed their file with relation to my account, and have received no monies from any subsequent debt collection agencies. I have received correspondence from Lloyds TSB stating that they no longer require any balance on this closed account and that there is no debt outstanding with their office.

 

 

You further state that Global Debt Recovery acts as a collection agent for FV-1 Inc.

I have never received any correspondence from FV-1 regarding this account, and they do not have my consent to process any of my data, likewise, your office has never provided me with a Fair Processing Notice.

It has also come to my attention that as you are unable to supply any documentation that you will also be in breach of the Data Protection Act, and as such you should no longer be processing any data in relation to me.

 

As I am sure you are aware, whoever takes over a debt, whether by assignment or sale, will then hold data relating to that individual and are required to inform the individual of this and what they intend to do with it. Failure to do so is contravention of the Data Protection Act and the principles therein.

Therefore please note that you may consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Your continued pursuance of this matter, which involves a disputed debt, also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the

object of coercing another person to pay money claimed from the other as a

debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency,

or the manner or occasion of their making, or any accompanying threat or

publicity are calculated to subject him or his family or household to alarm,

distress or humiliation.

Before approaching the relevant authorities, I am prepared to put forward a final

attempt of resolution of this matter to both of our satisfactions.

 

I would propose that:

All monies paid to date to be taken as Full and Final Settlement;

The account to be marked down to show a zero balance;

Any Credit Reference Agency activity would be removed and ceased forthwith at once;

This agreement must be confirmed in writing.

 

This agreement would be a waiver of rights binding on both parties, in as much that

neither party could at any time take legal action against the other, for any reason.

In return, as an agreed contract I would accept the following;

I will withdraw complaints made to Surrey Trading Standards, for

continually pursuing collection action whilst in dispute and secondly, for committing the

summary offence in Section 78 of the CCA 1974.

I will not pursue the matter with the Financial Ombudsman Service or the Office of Fair Trading.

 

I would ask that you review this account and respond favourably within 14 days of the date of this letter.

I look forward to your reply to attempt to resolve this matter amicably.

Yours sincerely

Me!

 

Comments most welcome!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Would love to hear some views or comments on this before it wings its way off to GM-Law Towers on monday morning. Have i quoted the right sections of Acts, etc..?

Very anxious to get this right as i really want them to get the message loud and clear that they are in the wrong!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Thanks Curlyben!

I'm gonna post it off tomorrow morning.

Will update as soon as i hear back from them....provided i do hear back from them!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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  • 5 weeks later...

Sorry that i havent updated this for a while, ive just moved home and have been without the net for nearly a month! Hell!

Still, i did receive a reply to my "go away" letter to GM Law, they wrote to me on 21st July 2007, as follows:

 

Dear Hannahbtw

Re: FV-1 (Lloyds TSB Bank) account no. 301**********

Balance: £4***

We acknowledge receipt of your letter dated July 9th.

In response to the first part of your letter we refer you to our previous correspondence and we enclose a copy of the notice of assignment of the debt from Lloyds TSB to Global Debt Recovery and FV-1 Inc.

Global Debt Recovery Ltd received their initial instruction from Lloyds TSB in February 2000 and their role as collection agent continued unbroken, even though the debt was assigned to FV-1 Inc. Under these circumstances you would not have received any correspondence from FV-1 Inc.

Lloyds TSB are correct in stating that they have closed their file and that there is no longer a debt outstanding with their office in respect of the above account. Having assigned the debt to a third party it would be incorrect of them to answer otherwise. However, this does not mean that you are no longer responsible for the debt.

The letter of assignment sent to you on December 23rd constitutes fair processing notice and taking into account the payment history on the account the information held is adequate relevant and not excessive.

You refer to the debt as disputed, however the payment history on the account together with your written correspondence demonstrate that you have never disputed the debt. We have referred this matter to our client who has instructed us to offer you a full and final settlement figure of £3300.00 if payment in full is received by 31st August 2007.

Yours sincerely

GM Law Solicitors.

 

Oh boy am i going to have fun with this.

The "Notice of Assignment" is a total mock-up, showing my CURRENT address, the CURRENT balance of the account in dispute, yet is dated 23rd December 2006!! I never received any "original" of this letter, and if they had bothered to check their screen print that they sent me originally (with lists of all payments i made, plus letters sent to me from their end) it confirms, that no such letter was sent out to me on or around 23rd Dec 2006.

Their incompetance is astounding! Surely sending a fake "Notice of Assignment" is illegal? Not to mention immoral...!?

Who do these people think they are, do they really believe they are above the law? As for saying that the debt has never been disputed..well.duh...what do they think im doing now?? I only disputed this debt recently, as clearly i was misled into paying them token payments for years on end, but they are saying that because it wasnt disputed THEN, its obviously not disputed NOW, total idiocy.

The audacity off these monkeys to state that they'll accept a F&F of £3300 when they cannot send me a copy of the credit agreement to prove that i owe anything to them at all.

They are clearly grasping at straws, vainly hoping to intimidate me into paying.

Well they can go on hoping...no agreement = no money for the DCAs.

They definately dont want to go away without a fight though.

What is my next move? Should i keep writing back-and-forth with them, or pass this over to TS?

Comments please peeps..

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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*subscribing*

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Anybody have any advice on my next step with these wallies?

How do i go about reporting them to the relevant authorities?

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Ok, ive decided that i do need to put in a complaint to TS regarding this mobs failure to supply me with a valid agreement, and for continuing to process my data without my permission.

Which branch of Trading Standards do i submit my complaint to though? My local one or theirs?

Help please kind people!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Thanks Nailpost! I guess i should do all my complaints/reports at the same time. I don't really know what to say in my letters though. Still not too sure on which branch of TS to send complaint to.

I really thought that they would just bog off after a few letters, but they seem determined not to admit to any wrong-doings and pursue me for a debt they have no proof that i owe to them.

Feeling a bit disheartened by the whole thing, stupid DCAs.

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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  • 4 weeks later...

Well, i couldnt make any "official" complaints until i'd exhausted GM-Laws internal complaints procedure. So after waiting for 3 and a half weeks for them to send a copy of their complaints procedure, i finally received it today and drafted off a letter to their compliance officer:

 

Dear Sir/Madam

 

I wish to make a complaint concerning the above account and how it has been administrated.

Enclosed are copies of documentation sent between myself and GM-Law Solicitors since 19th April 2007 until 21st July 2007.

I originally asked for a copy of my Consumer Credit Agreement on 19th April 2007. Both time limits for compliance with this request expired, and a criminal offence in relation to this situation has occurred.

Consequently, this account became unenforceable.

However, GM-Law Solicitors have chosen to ignore this law and instead, on numerous occasions since the defaults, have asked for continued payments, further data from myself, or indeed settlement of the alleged debt.

Furthermore, GM-Law solicitors have provided fraudulent documentation to support their claims that I owe their company (or their client FV-1) this debt. See enclosed copy (No. 10).

I have never received this Notice of Assignment, and if I had, on the date that is entered, my address would have been different, as would the amount stated on the account (£****.**). This is clearly a “made-up” copy of a fictional Notice of Assignment that GM-Law Solicitors has purported to have sent me back in December 2006.

Frankly, I am amazed that a firm of solicitors would resort to these fraudulent means of securing money from an alleged debtor, never mind the fact that the account is strictly unenforceable and still in dispute.

GM-Law Solicitors have repeatedly ignored my requests to amicably settle this matter, instead claiming that I still “owe” this debt regardless of the fact that they cannot produce a valid agreement.

Enclosed is the correspondence in full.

 

I shall be making a full and detailed complaint to the Information Commissioners Office, Trading Standards and the Financial Services Authority should this complaint not be addressed satisfactorily through your office.

Should you require any further information or further copies of documents, please do not hesitate to contact me at the above address.

Yours sincerely,

Hannahbtw

 

Sent it off recorded delivery with all the junk they'd sent me recently, and my replies, so now they have everything in date order, all numbered and hopefully easy to understand.

 

Will have to see whether they decide to investigate it or not.

 

I shan't be holding my breath though!:rolleyes:

 

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Whilst you at it (the complaint) don't forget to add that FV-1, Inc are not registered to share your data anyway...I haven't read your post in full, but I bet FV-1 'bought' your debt on the 23rd December 2006. That just happens to be the SAME day that they registered themselves with the Information Commissioners Office...FV-1, Inc are not registered as a company in this country. It is my belief that they may be another arm of Morgan Stanley.

Just hate every DCA out there

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Today i received a response from GM-Law Solicitors in respect of my recent complaint as posted in post #20.

Here is their reply:

 

Dear Hannahbtw,

We acknowledge receipt of your letter dated september 6th.

Taking into account the history on the above file here are our findings.

Our response to your letter dated April 19th (1st letter in post #1)and all subsequent replies to correspondence received are proper and correct.

The copy of the letter of assignment you received on July 21st 2007 (their letter on post #14) is not fraudulent. The text of the notice is standard to the conditions of the assignment of the debt on december 22nd 2006. Each time a copy of the assignment notice is generated, the up-to-date address and balance on the account are procured from the up-to-date records.

Your letter dated April 19th notified us of your change of address and payments sent since 22nd December 2006 account for the small change in the outstanding balance of the debt.

In June you also received verbal and written confirmation from Lloyds TSB that the debt has been sold to Global Debt Recovery Ltd.

In your letter dated June 14th (see post #1) you state that Lloyds TSB claim that they have received no payment in respect of this debt. If you have any correspondence from Lloyds TSB to support this claim, we would appreciate sight of it.

All payments collected prior to the debt sale have been forwarded to LLoyds TSB, and payments received since the debt sale have been forwarded to FV-1 Inc. via Global Debt Recovery Ltd.

In conclusion, our investigation shows that GM-Law has not ignored your requests to amicably settle this matter.

On the contrary, it shows that GM-Law acted correctly, attempting to bring the interested parties to a meeting of minds and the matter to a conclusion that was acceptable to all.

Yours sincerely,

Squiggle that may or may not be their Compliance Officer.

 

Well well well....what do we make of this then peeps? Seems like they believe they have done nothing wrong!

So trying to collect on a debt without proof of a valid agreement, unlawfully processing my data, and "mocking-up" notices of assignment are all part and parcel of GM-Laws daily business.

Beggars belief!

Should i just bite the bullet and send all my correspondence off to TS and the Info Commissioner?

Comments gratefully received!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Today i received a response from GM-Law Solicitors in respect of my recent complaint as posted in post #20.

Here is their reply:

 

Dear Hannahbtw,

We acknowledge receipt of your letter dated september 6th.

Taking into account the history on the above file here are our findings.

Our response to your letter dated April 19th (1st letter in post #1)and all subsequent replies to correspondence received are proper and correct.

The copy of the letter of assignment you received on July 21st 2007 (their letter on post #14) is not fraudulent. The text of the notice is standard to the conditions of the assignment of the debt on december 22nd 2006. Each time a copy of the assignment notice is generated, the up-to-date address and balance on the account are procured from the up-to-date records.

Your letter dated April 19th notified us of your change of address and payments sent since 22nd December 2006 account for the small change in the outstanding balance of the debt.

In June you also received verbal and written confirmation from Lloyds TSB that the debt has been sold to Global Debt Recovery Ltd.

In your letter dated June 14th (see post #1) you state that Lloyds TSB claim that they have received no payment in respect of this debt. If you have any correspondence from Lloyds TSB to support this claim, we would appreciate sight of it.

All payments collected prior to the debt sale have been forwarded to LLoyds TSB, and payments received since the debt sale have been forwarded to FV-1 Inc. via Global Debt Recovery Ltd.

In conclusion, our investigation shows that GM-Law has not ignored your requests to amicably settle this matter.

On the contrary, it shows that GM-Law acted correctly, attempting to bring the interested parties to a meeting of minds and the matter to a conclusion that was acceptable to all.

Yours sincerely,

Squiggle that may or may not be their Compliance Officer.

 

Well well well....what do we make of this then peeps? Seems like they believe they have done nothing wrong!

So trying to collect on a debt without proof of a valid agreement, unlawfully processing my data, and "mocking-up" notices of assignment are all part and parcel of GM-Laws daily business.

Beggars belief!

Should i just bite the bullet and send all my correspondence off to TS and the Info Commissioner?

Comments gratefully received!

Han x

 

Despite all their bull - do they mention anywhere their non-compliance of the CCA request? ALso-- who owns this 'debt' ? Is it FV-1 or Global - If it is FV-1 hen why aren't they attempting to collect? See my previous re this ....

Just hate every DCA out there

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Hiya pmhcfc!

They never seem to mention anything to do with non-compliance under the Consumer Credit Act.

And as to who really owns the alleged debt, its anyones guess! They really are masters of the aversion technique...waffle a load of nonsense about something else entirely and hope that i dont pick up on the fact that they never address the real issues.

As far as i'm aware its FV-1 that own it, but then why are Global involved at all...as surely they are a separate DCA?? Does FV-1 need another DCA to fight their battles i wonder?

Ive never had the pleasure of receiving any correspondence directly from FV-1...and i dont even know their address. Everything since this debt was sold from Lloyds has been through GM-Law Solicitors.

Do you think i should pass this over to the relevant authoritative peeps? i.e TS and Information Commissioner.

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Hiya pmhcfc!

They never seem to mention anything to do with non-compliance under the Consumer Credit Act.

And as to who really owns the alleged debt, its anyones guess! They really are masters of the aversion technique...waffle a load of nonsense about something else entirely and hope that i dont pick up on the fact that they never address the real issues.

As far as i'm aware its FV-1 that own it, but then why are Global involved at all...as surely they are a separate DCA?? Does FV-1 need another DCA to fight their battles i wonder?

Ive never had the pleasure of receiving any correspondence directly from FV-1...and i dont even know their address. Everything since this debt was sold from Lloyds has been through GM-Law Solicitors.

Do you think i should pass this over to the relevant authoritative peeps? i.e TS and Information Commissioner.

Han x

 

FV-1, Inc bought a load of debts (their first bit of business) in December 2006, however, ALL of it was farmed out to other DCA's to do their collecting for them. As I said before, FV-1, Inc aren't even registered as a company in this country and are not registered to share your data with anyone, and that's why they farmed these debts out.

 

If I were you, I'd write back to the DCA that's sending you letters, pointing out that FV-1 are in criminal breach of your CCA request and until you are provided with what you have requested, you will no longer correspond with them. Also point out that FV-1, Inc are NOT registered to share your data with them. Send the letter recorded delivery.

 

By the way, click on this link (below) for an address for FV-1, Inc. Type in this Registration Number: Z9722745

 

http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp

Just hate every DCA out there

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