Jump to content


Lemma v Various DCA's


lemma1968
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I know I have another thread about this somewhere but I have lost it...so please forgive me.

 

I sent a CCA request to Metropolitan Collection Services and an S.A.R request to HSBC last Friday, all by special delivery.

 

There are various others on the boil also, to SRJ for a credit card, Fredricksons for a bank loan, MBNA and this one.

 

Well, today my hubby received 2 phone calls on his mobile from HSBC. He did not answer the calls, he just rang me to tell me not to answer mine if an 0845 number tried to ring.:rolleyes:

 

Now what do we all think is going on here then?

 

He has made his monthly payments to the DCA but I automatically CCA'd his debts too just out of interest. I wonder if they are trying to head me off at the pass cos his debt to HSBC has almost tripled for no good reason. Unlawful charges methinks.

 

Any ideas?

Link to post
Share on other sites

  • Replies 50
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

What is the point of sending letters to these people by special delivery if the Royal Mail does not bother to get anyone to sign for them?

 

I sent a letter via SD to Fredrickson Intl. It has arrived but the electronic proof of signature shows the bar code and the signatore box scanned in but with NO SIGNATURE!!!!!!!!!! I mean...for heavens sake.

 

So where does that leave me? Is it still sufficient for proof of delivery when it is clear that noone has actually signed for it?

 

I'm mad as anything....I mean really , £4.30 and the job has not been done..AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAARGH!:evil:

Link to post
Share on other sites

Check to see if the payment has been cashed. Then you have proof, plus i think I read somewhere that your special delivery proof is enougth to show you have been writing.

But still check to see if payment has been cashed then you have 100% proof they recieved.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Link to post
Share on other sites

Make a complaint to Royal Mail.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

MCS having received the CCA request and HSBC the S.A R request - why would HSBC be ringing? Why don't they just send the stuff then ring? He is still paying so there is no reason there for them to contact him....or is there?

 

The only contact before this he has had has come from MCS. Now HSBC have jumped on the bandwagon.:???:

Link to post
Share on other sites

Quick update.

 

MCS have returned our £1 p.o. saying that there is no charge for requesting a copy of our loan agreement and they have passed the request onto their client - i.e. HSBC.

 

Lets see if they come up with the goods - they have until the 26th July to come up with it or they will be in breach.

Link to post
Share on other sites

Just subscribing

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Received a response from MBNA.

"Please find enclosed 1. Copy CCA, 2. Terms and Conditions, 3. Copy statement of July.

 

Unfortunately, the CCA is NOT mine - they have sent me someone else's details!!!!!!:o :o Some poor chap in Cornwall has had his CCA sent to me, it has security details such as mother's maiden name on etc and work details, income, address, date of birth. I have not looked at the rest yet, I was soooooooo amaxed by the fact that they had sent me someone else's details.

 

What should I do then?

Link to post
Share on other sites

In the words of the chuckle brothers.

 

Oh dear oh dear ! Oh dear oh dear !!!!!

 

 

This should get intresting.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Link to post
Share on other sites

Received a response from MBNA.

"Please find enclosed 1. Copy CCA, 2. Terms and Conditions, 3. Copy statement of July.

 

Unfortunately, the CCA is NOT mine - they have sent me someone else's details!!!!!!:o :o Some poor chap in Cornwall has had his CCA sent to me, it has security details such as mother's maiden name on etc and work details, income, address, date of birth. I have not looked at the rest yet, I was soooooooo amaxed by the fact that they had sent me someone else's details.

 

What should I do then?

 

Dear Lemma

This is happening quite a lot! Do not send back the documentation, this is a major bargaining chip. Write to MBNA telling them that they have sent you someone else's confidential information which is a clear breach of the Data Protection Act 1998. Although you have not suffered any loss (the other person has) they will almost certainly offer you compensation and an apology, it should also encourage them to refund your charges + interest.

 

Complain, complain and don't forget complain. Then send the information to the Information Commissioner.

Link to post
Share on other sites

if i have his, who has mine?

Exactly........how do you know that you have not suffered any loss?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

So my next move would be as described above by Monty?

Yes, but I would also let the person who's agreement you have received know so that they can raise their own complaint. Personally I would keep a copy of the agreement that has been sent for yourself and forward the one that was sent to the person named on it.

 

I would also ask for a copy of MBNA's complaints procedure and ask them to prove that the same has not happened to your copy of the agreement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Will do. Thanks Rory and Monty.;)

 

I could quite enjoy this.....so long as no one nicks my identity.:cool:

 

Keep the original one that they sent to you, send them a copy.

 

You can download the information commissioners form from their websiet but negotiate first, you will get their attention and desire to settle quickly.

Link to post
Share on other sites

Drafted them a letter. It's quite long but effectively states how upset and worried I was by receiving someone else's conifidential information (and remain, I have no idea if they have sent my details to some dishonest toerag), they have still not complied with my request, and I'm considering reporting them to the Information Commissioner for breach of the DPA 1998 and I require a cpy of their complaints procedure. I have asked for a written guarantee that they have not passed my details on to another person.

 

I also thought I would throw in my request for an S.A.R - subject access request too. Strike while the iron is hot.

 

Does everyone agree?

Link to post
Share on other sites

Hi, you may wish to lay it on quite thick. Along the lines of

Dear Sirs

On xx July 2007 I received from you a copy of an agreement belonging to another card member, namely a Mr xxxxxxxxx of xxxxxxxxxxxxx which was contained within other information I had requested. I hereby request a copy of your complaints procedure and an explanation from you as to how this happened.

As you are aware, under the Data Protection Act 1984 / 1998, as a Data Controller, you have a legal duty to ensure that all personal or financial information you hold is kept securely. You have clearly failed to do this.

You have additional and substantial responsibilities as a holder of a Consumer Credit License that require you to have, and operate appropriate systems in relation to personal information and how this is treated. As you may appreciate, due to this experience, I have lost total confidence in your organisation in respect of the treatment of personal customer and account information.

Unless I am able to obtain a satisfactory explanation and confirmation that my own personal information has not been breached I shall have to report this matter to the Information Commissioner and the FSA.

Link to post
Share on other sites

Blimey, you're good!!!!!!:D Amended accordingly. I was clearly way too polite.;)

 

You are welcome, it will get their attention on your claim and you should get some compensation, irrespective of the fact that you may have not been personally damaged by this disclosure.

 

As suggested previously, you may want to write to the other person since they will be able to take them to the cleaners.................

 

By the way, was in an enforceable CCA or just another ridiculous application?

Link to post
Share on other sites

It was purely the original application form. No APR etc on it. Jist all their personal details, mothers maiden name, job, income etc with YOU ARE APPROVED enblazened across the top of it and in small letters at the bottom

 

" Agreement licensed under the Consumer Credit Act" etc etc.

Link to post
Share on other sites

It was purely the original application form. No APR etc on it. Jist all their personal details, mothers maiden name, job, income etc with YOU ARE APPROVED enblazened across the top of it and in small letters at the bottom

 

" Agreement licensed under the Consumer Credit Act" etc etc.

 

Interesting, so many documents do not conform?

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...