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deep breath here goes!!!!!!!!
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bumping sorry0
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shamelesly bumping0
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Hi - I'm sure someone who knows will be along soon.
However, I don't think that all you asked for in your letter can possibly be legally privileged. I would suggest that Phoenix must be able to provide you with a copy of the authority they have to collect the debt.
However, some of the more knowledgeable folks on here will know more about this - it sounds to me like Phoenix are trying to get out of providing you with information which RAS implied they needed before they could go any further - but I don't know.
Hang in there
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Thanks locutus0
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Hi, just an update on the letter in reply to Phoenix claims consultants.
"We refer to your letter requesting information pursuant to the date protection act 1998We can confirm that phoenix claims lts are our agents. We are instructed in this matter by Moorhead James LLP, for the purpose of serving you with a bankruptcy petition. For the avoidence of doubt we are not an angency instructed to collect any outstanding debt you may or may not have with 1st credit ltd.
Given the above, the information we hold in respect to this matter is subject to legal proffessional privileged and is excempt under section 10 of schedule 7 of the act."
They have also returned the £10.00 cheque i sent them, what does this mean and what should we do now ??
Many thanks0 -
bumping this0
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bumping this0
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Hi
I've ben asked to look into this matter.
You need to write back to them stating, you're not requesting confidential information between client and agent, you are however, requesting information between you, and those pursuing you for the alleged debt, which they are obliged to provide under a SAR request, re send the £10.00 postal order, and send by “Special Delivery” it's more expensive, do not use recorded deliver.Given the above, the information we hold in respect to this matter is subject to legal proffessional privileged and is excempt under section 10 of schedule 7 of the act."
Send you're letter to Moorhead Jame LLP, and send a copy yo Phoenix claims consultants.
They are correct when they state: the information we hold in respect to this matter is subject to legal professional privileged and is except under section 10 of schedule 7 of the act."
That only applies if you were seeking information between client and agent, your not, and therefore they must comply with your SAR request.
I'm not on here as often as I used to be, however, if you have any issues, PM me.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
thankyou 10past6, I have sent the letter today.0
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