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    • Thank you for the reply.No, he still lives there.   
    • What I would love to know is whether anyone has gone the small claims route for infringement (failing to supply all the data)...I'm going to start a fresh thread asking this now.... By the way, my former employer asked for a £900 fee to find all emails with my name included in them. I have had a rather tumultuous 11 months since then but am now back on this so will report them to the ICO tomorrow. 
    • might have been the same address althrough the mortgage but has he moved since?   if not doesn't need ctax copy.    
    • Also, I use 'Live chat' with the ICO and it's really helpful. They advise that it can take up to three months for them to investigate...but it is hugely beneficial to go to court with that judgement behind you! Best to be safe than sorry!   I had this helpful post from mrabody on my other thread regarding quantifying compensation: Take a look at Halliday v Creation Consumer Finance Limited. The claimant was awarded £750 for distress for what the court held to be a minor breach.    https://www.hempsons.co.uk/news-articles/damages-distress-awarded-breach-data-protection-act/   In your case I would suggest the breach is considerably more serious as HSBC has lost your data.   They think it may have been destroyed but they have no proof. The fact is they have no clue as to where it is or who has it.   So in addition to the potential loss of your PPI refund I think the distress component is considerably higher than in Halliday. How much higher I cannot say - but you need to start canvassing the case law on damages for distress.   
    • Hi King 12345,   I'm running a similar thread (but haven't used the word punish...but I guess I should have, Lol)   I've been doing a lot of research on this and I will post two items that you may find of help. I believe they have 'infringed', rather than 'breached':   Link here, text below: https://gdpr.algolia.com/gdpr-article-82 Art. 82 GDPR Right to compensation and liability Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
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Fred Bassett

CCCS Won't stop payments - HELP!!!

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Good evening.

 

I'm in a catch 22 situation with 3 creditors and 4 accounts. BOS/Blair Oliver & Scott, Egg/Credit Solutions (x2) and MBNA - all of them regarding CCA requests.

 

BOS can't find the agreement and probably won't be able to. MBNA have provided something that is clearly unenforceable and Egg/CSL have not replied to me at all. MBNA and Egg/CSL are now in criminal default and BOS probably soon will be.

 

The problem I have is that my debts are being managed by a debt management plan through the CCCS and they won't stop payments to the creditors unless I can give them something from a solicitor to prove that these debts are unenforceable. I can't afford a solicitor - I've signed up to the Which legal service but the Ts & Cs say they won't put anything in writing. I can't put any pressure on these creditors if I don't stop the payment.

 

Does anyone have any suggestions?

 

I don't want to pull out of my DMP and I don't want an argument with the CCCS, but it's frustrating because at least 1 person in the CCCS has told me that this sort of thing happens all the time and they're quite happy to do this, but the person I'm dealing with, and she checked with her supervisor, won't allow this to happen.

 

Are there any no-win, no-fee solicitors who would take this kind of thing on?

 

AAAARRRRGGGGHHHH!!!!

 

Cheers.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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When I was using the CCCS (long time ago!) I found things a little inflexible after all the fantastic advise was dispensed so opted to create my own DMP using the budget sheets provided by CCCS and stood my ground hard with creditors who all eventually agreed to the budget provided and it's only the last 6 months since finding this fantastic site that i've started questioning things much more.

 

If you're finding things inflexible, the tricky parts done, and whilst it's hats off to the CCCS for the great work they do this obviously isn't working for you any more. Would it be that difficult to take this on yourself now and stick to it too?

 

Maybe CCCS_Matthew could comment further?

 

Whatever you decide, good luck & best wishes.

 

Regards, Dave.


If my post was helpful don't forget to click the star!

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Thanks Dave, I have considered this but I really do find the CCCS a godsend and I have to do everything in agreement with my Wife too. She's nervous enough about all this anyway, so I can't put her through any more hassle.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Payplan are more flexible (and work along the same "no charge" system as CCCS) - I just emailed and asked them to remove the creditors from my (long) list. They did so without any questions


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thanks Jaxads. To be honest, I'm thinking of setting out my thoughts to CCCS in a long letter so that they can see what the problem is. I simply can't believe that they haven't come across this before - or reacted to it.

 

I'll just have to see where it takes me. I'm in a position now where I could even make a complaint to the police against Egg/CSA because they've committed a criminal offence, but I'm not sure if this will make any difference.

 

A lot of thinking is required.

 

Thanks.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Fred,

 

I suggest you contact dpick. He is with CCCS and they went along with his stopping payments plan. I wonder if he might be able to get his contact there to speak to your contact - surely worth a try!

 

I think you must pursue this, also my view is that advice and method should be standard and across the board, therefore, I would take this line with your contact and her supervisor.

 

Good luck!

 

Regards,

 

Corn x:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks Corny, I'm sure that there are people in the CCCS who are advising this, while others are not.

 

I'll do what you suggested and I think I'll also pm CCCS Matthew.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Have you considered getting Trading Standards opinion on the validity of the agreements and the legal position if no agreement produced??

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Josie,

 

That's a thought, but I'm not too impressed with my local trading standards. I have given serious thought to reporting the matter to the police as a criminal offence, but I'm not sure this would make much difference.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Well Fred I think it might be an idea to email Trading standards and ask what the legal position is with regards to non production of CCA to a request under s.78 . They will have to give you a straight answer to that one.

 

Then in a seperate email query the agreements produced and ask for their opinion on the legality. Ask them to specify if they comply with CCA act how they do...............

 

If you don't get an answer you like (& lets be straight some of the TS's are a bit dozy) then you haven't lost anything because you don't have to show the reply to CCCS. On the other hand if you get an naswer you like........:)


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Good point Josie, many thanks for your help. I'll let you know how I get on.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I read in another post ( cannot seem to find it) where CCCS got stroppy with someone for doing a CCA request and frowned upon it.

I cannot understand this attitude if it is true as it is only applying the laws of the land.

Councils, courts, and DCAs etc have no compunction whatsoever in employing whatever laws are to hand to extort money from us so why the objections when the tables are turned.


Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Hi Fred, I've just sent you a PM

 

Regards,

CCCS


We aim to advise you on practical ways to deal with your finances and to understand priority & non-priority debts. We can also help you to cope with these in a realistic and sustainable way and help you understand the likely actions of your creditors including any legal action during this process.

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Hi Fred, I've just sent you a PM

 

Regards,

CCCS

 

Many thanks for your help.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi, I am with CCCS and I was just wondering what you meant by unenforcable?


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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Hi, I am with CCCS and I was just wondering what you meant by unenforcable?

 

If any of your creditors cannot produce a 'true' copy of the executed agreement ( ie the agreement you would have originally signed when taking out a loan, card etc ) then under Consumer Credit Act rules the debt is totally unenforceable ( although this has recently changed it's not backdated ). This doesn't mean the debt is written off or that you don't owe the money ( unless you have a genuine dispute ) it does mean that your creditors cannot enforce the debt via the county court.

 

Hope this clears it up! CCCS are very good and offer an excellent free service but they are geared towards providing free DMPs for people struggling to meet their usual payments. They are not really set up to deal with issues of enforceability as it's not really what they focus on ( CCCS Matthew please correct me if this is wrong! ).

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Ok thanks :) Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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Ok thanks :) Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.

 

The CCA regs are the same whether it's been passed on or not so the DCA issue wouldn't make a difference. I suppose in your situation ( with a short DMP by most standards ) you need to weigh up whether you feel that you do owe the money so feel you should pay it back or whether there is some kind of dispute on balances etc that makes you feel you want to challenge it. Remember if any of your creditors have levied potentially illegal charges for late payments etc you could still go the route of reclaiming them. I would be inclined to pursue this after the DMP is all done & dusted to be honest but it is up to you.

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Thanks, I never had any problems with late payments or anything until my partner left his job which is what prompted us to seek help from CCCS in the first place. I don't dispute that I owe the money...


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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