ok, suggested letter to PCF,
address to compliance manager,
head with agreement no, car reg and FORMAL COMPLAINT send recorded delivery-----
I write in response to the Data Subject Access Request (DSAR), reference the above account,
that you have supplied to myself, which was received on xx/xx/xx.
I have now thoroughly examined the contents of the DSAR, the result of which has given rise to a matter of grave concern.
As you are well aware you repossessed my vehicle, registration number...........,on May 22nd 2009 from my father's private property.
You will of course be familiar with Section90, Consumer Credit Act 1974,(s90CCA1974),
and repossessed in full knowledge that under s90, my having paid more than 1/3 of the total agreement,
the vehicle was in fact Statuatory Protected Goods, which could not be repossessed without you first obtaining
a Repossession of Goods Order,
or
with my explicit consent.
Contained within your reply to my DSAR was a copy document, dated 13/5/2009, headed Voluntary Surrender (VS),
which was allegedly signed by myself on May 22nd 2009.
I can catergorically and unequivocally state that I have NEVER previously had sight of this document,
and furthermore the "signature" that it bears has no resemblance whatsoever to my signature.
This statement is fully supported by evidence contained within the DSAR.
The VS document was produced and dated 13/5/2009 and was obviously forwarded to your repossession agents to obtain my signature
since there is no mention whatsoever in the DSAR narrative that this document had been posted out to myself for signature.
Furthermore, again in the narrative,
there is no suggestion that I was in anyway contacted by either yourselves or your agents
between 13/5/2009 and 23/5/2009 (post repossession)
in fact, quite the contrary.
Therefore in order to have signed this document on 22/5/2009,
I would have had to have been present at the time of the repossession.
I was not present,
in fact, the first I knew that the vehicle had been repossessed, was when I returned home from work that evening.
My signature has clearly therefore been fraudulently added to the VS Document,
by either one of your repossession agents or one of your employees,
(any of whose actions you, as a company, bear full responsibility)
in a clear and blatant attempt to circumvent your responsiblities under s90cca1974.
My consent for the VS of the vehicle was NEVER given.
In addition the keys and vehicle documents were not handed over,
again evidence that the vehicle was taken without consent.
I further note your narrative from the DSAR on 22/5/2009 when you state
"surely we can get the keys out of the father/hirer",
yet more conclusive evidence that the vehicle was taken without consent.
I now turn to the statuatory implications of your company's actions, and I therefore DEMAND-
-1) That with immediate effect you repurchase and cancel the balance of my account that you assigned to GoDebt Co.uk. and
2) under the remedies afforded to me by s91 CCA1974,
I DEMAND that you now repay to myself,
my deposit in the sum of £1250,
all payments made by myself to the account £1674.12, and
the proceeds from the sale of the vehicle at auction £950,
in total £3874.12.
In view of the extreme seriousness of this matter,
should you fail to accede,
without delay to my demands,
I will not hesitate to forward complaints to the appropriate authorities,
and send a full report on this matter to the Financial Conduct Authority.
I trust that this will therefore be dealt with as a matter of urgency,
and I look forward to your early positive response.
Yours etc.....