Unenforceability & Template Letters III

mojoparrot

Hey NID

What do you think of this one? My mum used the letter on site to request her CCA from M & S. On Saturday she was rewarded with a DHL delivery of...........someone elses file. Complete with personal details account numbers and spending details! What should she do?

blueforyou

Its never ceases to amaze me. The incompetence of this "industry". I can't advise you, other than you need to maximise the damage you can do to them for letting sensitive data out!

mojoparrot

Funny thing is the poor sucker whose identity we now have is a man not a woman! Couldnt even get the Mrs/Mr bit right:eek::eek:

never-in-doubt

mojoparrot wrote: »

Hey NID

What do you think of this one? My mum used the letter on site to request her CCA from M & S. On Saturday she was rewarded with a DHL delivery of...........someone elses file. Complete with personal details account numbers and spending details! What should she do?

Write back haggling for debt write off before you report them to the ICO and FOS and go to the local press, that'd be a great start lol..... oooer, daft muppets! :rotfl::rotfl:

never-in-doubt

Goodtimesahead wrote: »

NID Now that is good news, about time the UK moved forward in time, 3yrs is more than enough time to keep adverse data:D

Do you know how it would play out if you had say another 2yrs of a 6yr sentence to go does that mean all this data gets wiped as its older than the new 3yr law or will that only apply to new adverse data recorded on your Credit file? Will it actually become law this year for the UK to fall in line with the EU?

Happy Easter NID Hope you are enjoying plenty of Easter Eggs:D

Hi mate

Basically it will be EU wide so only in Europe. When the rule comes into effect it will be from a date in the future or the judgement date, therefore 2 years in would mean you'd have 1 year to go - if it was 4 years old, it'd drop off.....

Read the links, I made several posts on the two pages and this explains it all - in great detail....

pebbles88

Happy Easter:)

question: some will know the bkground story regarding this.... but im only keeping details brief on here.

making token payments to loan comp 12 months +.... then following them asking for upping the payments things get nasty.... passed v quick to in house 'collections'... then in house 'solicitors'....

following advice on here. sent cca, several times returned with letter/cheque/even envelope it was posted in.... played ping pong for a bit. argued their reqs for proof of identity etc....

now received fairly polite letter asking for drivers licence/passport etc to prove identification... but.... and here is the thing.

its not from the original creditor, but rather one of their nasty sisters.... it also mentions me sending the prev letter to another comp who i have never heard of???? they also returned this months payment....

i know most people will be away for trhe bank holiday.... but im hoping someonecan give me their thoughts on this??

i think its a wee bit weird how its jumped from one comp to another with diff in house team but all with same address???

im happy to send these documents off, copies of course, but no way are they getting near a signature. the loan was taken out lateish 2007, and i was pretty sure they had the papaerwork sorted... so never progressed down that route... now im having 2nd thoughts.

never-in-doubt

pebbles88 wrote: »

Happy Easter:)

question: some will know the bkground story regarding this.... but im only keeping details brief on here..

Hiya Pebbles,

Of course, I remember - :D

You should send the template below to the new company writing to you - and you now really really need to consider cessation of payments, like NOW! Account sold whilst in Default of CCA Request

Have they defaulted you yet? Do you have any defaults from anyone..?

So long as you're paying they will not cooperate.... its a catch 22 but i'd hazard a guess they cannot locate the CCA - however, irrespective this account is entirely unenforceable as they have had plenty of time now, to action your simple request.

I'd also be reporting them to the ICO for their clear section Sch.1 (s7) breach (see below)

disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

See here: Demand of your Signature

pebbles88

never-in-doubt wrote: »

Hiya Pebbles,

Of course, I remember - :D

You should send the template below to the new company writing to you - and you now really really need to consider cessation of payments, like NOW! Account sold whilst in Default of CCA Request

I have only just gone down the route of CCAiing them, following your advice i have been working on this with 10past6, he's been fab. i think he must be away for the wkend....
this last letter has bemused me somewhat though. as the account was opendd back end of 2007i assumed the paperwork would be valid, thus not allowing me to go down this route with them.

Have they defaulted you yet? Do you have any defaults from anyone..?

yes i have defaults, from these also.... but 10past6 reckons its invalid as they messed their dates up in which i could respond.

So long as you're paying they will not cooperate.... its a catch 22 but i'd hazard a guess they cannot locate the CCA - however, irrespective this account is entirely unenforceable as they have had plenty of time now, to action your simple request.

this was my thought, im kicking myself for not cca'ing earlier and just assuming they would have kept the paperwork like i have etc.

I'd also be reporting them to the ICO for their clear section Sch.1 (s7) breach (see below)

now this is the strange, technically its not seeling, they are just bouncing it around in house names still, but for arguments sake and nots to gives names away, lets say their was a bank.... abc..... who had subsid comps...ajax, northwest, thisway etc etc...

i owed thjisway... they got heavy, passed to their in house people... then in house solicitors.... i cca...all goes fairly quiet apart from, no we wont action this til its signed... now, a letter has come from thisways sister regarding the cca req, and they mentioning about it going to another in house solicitor ( who i am assuming they would use in their case, not this way...


See here: Demand of your Signature

ps they have already had that letter re proof of signature

the ico when i have had to use them in the past have been pretty rubbish, i sent them proof of a bank sending out wrong personal details.... and all they did was acknowledge it.

never-in-doubt

pebbles88 wrote: »

the ico when i have had to use them in the past have been pretty rubbish, i sent them proof of a bank sending out wrong personal details.... and all they did was acknowledge it.

Hiya

Ok, well to be honest being you're still speaking to 10past6 i'd suggest sit tight, PM him (plus a linky to the above post to refresh his memory) - when he's back Tuesday he'll pick it up. He's away til then....

See what he says, I don't want to start treading on toes, as the default was (from memory) incorrectly executed, he can get that wiped for you.... :D

BUT in the main, they are still in default of your s.78 request, the thing is as it is post 04/07 it is harder and you cannot fall under s.127 (at all) - therefore means you're fighting with the law in CPUTR which as you seen with the OFT, is very very complex indeed.

However, you do need to write to the ICO - but wait for now and see what my mate 10past6 comes back with... he'll know best.

pebbles88

never-in-doubt wrote: »

Hiya

Ok, well to be honest being you're still speaking to 10past6 i'd suggest sit tight, PM him (plus a linky to the above post to refresh his memory) - when he's back Tuesday he'll pick it up. He's away til then....
.

ok will do, hope he is having a nice time!!!:D