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djdave

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Everything posted by djdave

  1. Arrrhhha hah ha ha, I just put WILLEM WELLINGHOFF into Google Images (by mistake instead of normal Google). The first result says it all
  2. NO! The debt is in dispute and unenforcable until such time as they supply the documents. Write to them explaining this (as they obviously are stupid), and let them know you're sending a copy along with copies of your original request to Trading Standards.
  3. If they refuse to disclose the information, would it be unreasonable to "assume" that all the charges are at the current rate (£30)? Many of mine were as low as £20 six years ago, bless 'em!
  4. I'm pretty sure the DPA says they can blank out the information if it's a Trade Secret. Is it any secret that they charge £30?
  5. Have nothing to do with them until such time as they can prove their right to collect the debt. If they phone, tell them that you'll only correspond in writing. If it's any consolation, I've just reported this bunch of muppets to Trading Standards for ignoring my CCA request
  6. I would avoid trying to do this over the phone, or at the very least ensure that if they do agree a figure they put it in writing before you pay them.
  7. In the "Which DCA is the worst" thread people are discussing methods of recording calls, so I thought I'd start this to save that thread getting sidetracked. Do you routinely record calls with DCAs (and other institutions for that matter) and if so what method do you use? Both my mobile and home phone have speakers, and I've got a decent quality digital dictaphone which picks up both sides of the conversation nicely. However as the conversations never get beyond "Please put all communications in writing as requested, I'm recording and logging this call. "Oh, erm, bye then" it's of limited use!
  8. Great news. Keep us posted with any developments
  9. No worries. If and when they reply, let us know what they say and we'll advise the best course of action. I'm sure you've already seen this on other threads, but keep everything in writing with them, don't respond to their requests for more information, and don't be fobbed off by their delaying tactics. You may have "stuck your head in the sand", as did I and many others, but you're here now and taking positive action.
  10. Cheers for that! My next step is SARing and CCAing your old mates at Cabot, as there's a default on my file from Kings Hill (No1) which I want removing. I might nip over and start a thread in the CAbot forum Edit: Trading Standards letter now sent
  11. The Data Subject Notice is your first footstep into legal action. They cannot ignore it, and if they refuse to act lawfully you can can take them to court to force them to comply AND to seek damages. However the ICO does insist that you give them reasonable time to comply, hence the 21 day rule then a follow-up letter. Have a trawl through the "Publications" section on the ICO website, you can even order hard copies. The "Legal Guidance" one is a heavy read but well worth every single word!
  12. This has concerned me for some time, the fact that the CRAs believe any old twaddle they're told by DCAs without asking them for any proof, nor giving the consumer any right of reply. I'm in the process of trying to get two erroneous defaults removed from my credit records, and haven't bothered clouding the water with NoCs.
  13. Turning to more practical help, yes it looks fine. Don't expect anything useful back from Link other than a patronising letter saying you're confused and that they don't have to supply any documents - however they will try to if you send another fiver! Eeejits. Definately stress the health angle, they're breaching OFT guidelines in a major way.
  14. QUICKLY go back and remove your personal details from that letter!
  15. PS Have a read of this PDF file: http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/how_can_i_stop_them_processing_my_personal_information.pdf
  16. Laughable, aren't they? They won't give you personal data because they don't know they've got the right person, but are quite happy to chase you for money! I'd have a look on the ICO website and send Cabot a Data Subject Notice. You should stress that the DPA allows them to process your data if it's accurate, necessary and fair. As the data they hold is none of these, and as you never gave your consent, they must stop processessing it immediately. They have, by statute, 21 days to comply or to let you know their objections. After that you can raise a formal complaint with the ICO.
  17. Dragging up my original thread (my very first post here, in fact!) Scotcall have now had their extra month and I'm all ready to complain to Trading Standards. One possibly silly question: do I report it to my local office, or the one nearest them (Glasgow)? Cheers, Dave
  18. Sorry to hear of your situation, we're all here to help! Use letter N from the templates library in the stickies above. Ensure you include the phrase I do not acknowledge any debt. Enclose a payment of £1 (cheque or Postal order), I always add the paragraph: "Please find enclosed a cheque number xxxxxx for £1 in payment of the statutory fee; under no circumstances should this be put towards any alleged debt, if you are unable to supply the document requested then you should return this fee" Send it Recorded (costs a quid) then sit back and wait. They've got 12 working days from receipt to reply, don't forget to take Easter into account when working this out.
  19. Link Financial are rude, bullying, threatening and intimidating on the phone, but as I've posted elsewhere are a carnival of clowns when it comes to complying with the CCA and DPA. Capquest kept phoning me leaving an automated message, the few times I did speak to them they were after a completely different person but refused to stop the calls until I got all legal with them.
  20. I've had experience of Link not complying with CCA requests. They told me they didn't have to comply as the agreement had been terminated (so you won't be wanting any money, then); but that they could try to obtain a copy for £5. They also don't seem fully aware of their obligations under the DPA. On the phone they're rude, bullying, intimidating and threatening. When you actually challenge them, turns out they're a carnival of clowns.
  21. 12 working days from receipt (don't forget Easter!) and they're in default, a further calendar month and they commit an offence
  22. It's too early: I read that as Mea Culpa
  23. If you've CCA'd and SAR'd them and they still couldn't produce a signed agreement and DOA, I'd be fairly confident that they wouldn't be able to produce it in court either. But it's a chance you take, and only you can decide if the amount of money involved is worth the risk.
  24. Has this ever been tested in court, though? For example I've got an insurance company trying to get me to cough up for a credit agreement even though I had already paid on a card. They sent me an unsigned Agreement, only printed last month. Would this be of even the slightest good in court?
  25. Let's be honest, if they had anything they'd have sent it by now
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