WRT135 - CAG Forum [#11309211]

This is for Vodafone Lee 2 months ago my wife upgraded her phone, The new phone was sent back to Vodafone due to her having difficulty using the touch screen. She is still happily using the old phone and number. Vodafone wrongly created a new phone number and contract for the new phone and are now wrongly charging her for 2 contracts. She has found it impossible to get any sense out of rupil? on the chat facility on the Vodafone website. Please get in contact Lee Thank you Paul

House worth 90K ? , Interest only mortgage 60k expires in 2 years, Joint paragon secured loan ( 37k left ) expires in 2018 House unsaleable due to wall cracks and condition, other houses in street have sat unsold for months. Will be retiring in 2 years at 60. Hoping to move to rented property in a couple of months. In DMP since 2005, currently down to 25K after PPI claims Wife already retired on £60 per month pension. Any thoughts or advice ?

Old Debenhams card ( GE ) assigned to CL Finance in 2007 Neither GE or CL have ever logged a default on Experian, it is still showing there as x payments late. Can a debt be assigned without a default notice being logged ? GE may have issued a default notice, but i can't find it in my old papers. A CCA request produced a murky copy of an application form from 1983. Any thoughts ?

Don't forget to report them to Surrey Trading Standards as well as the national press. Best Wishes L12

Had the same excuse from CL Finance/Lewis Would like to know the case law on this problem Best Wishes L12

You may be able to get the landlord's contact details from the Land Registry website. L12

I adapt your letter. Thank you CB

Any one know of a template letter to send to creditors to advise them of the death of a relative. Have sorted out their council tax,water,gas Ok but need to advise cards/catalogues. I assume that they will ask for a photocopy of the death cretificate. Thanks L12

Morning Angel I last had a Debenhams card in 2004 and it was before chip and pin. L12

Any thoughts on post No 12 ?

I have got an old Preference account as well and would like to CCA them. The only address that I have is a Chester PO box on an old Capital bank statement. Does anyone have the current address for sending CCA requests to BOS for old Capital Bank preference accounts. Thanks L12

Well done. Maybe worth telling West Yorkshire Trading Standards and the BBC as well.

Jacksl16 The West Yorkshire company to investigate would be CL Finance in Cleckheaton, there are hundreds of reports on here to look at. OFT must have loads of reports on them.

Still receiving stupid letters from them , any suggestions for a suitable bogoff reply. You have failed to make the agreed payments towards the concessionary arrangement on your account. If you have made a recent payment then please ignore this letter. To allow the arrangement to continue, you must make an immediate payment of £**.** to reach us within 10 days of the date on this letter. All subsequent payments must continue to be paid, as originally agreed as a condition of the concessionary arrangement. If your payment is not received, the arrangement will be cancelled and further action will be taken to recover the full balance. Please treat this letter as formal notification that if you do not make the agreed payment, a default will be registered at the Credit Reference Agencies in respect of the amount due at the time. This information will be available to other Finance Companies, Banks and Building Societies and may result in you being refused credit when applying for a loan, credit card or even a mortgage. Should you have any difficulties making this payment you must contact one of our advisors immediately on 0870 751 3399 to discuss the matter further. Under the terms of the Data Protection Act, we cannot discuss any details of your account with another party, unless we have your written permission. Yours sincerely Concessionary Arrangement Team

Any advice on suitable reply to barclays please . L12

Mods - Could you merge the thread in other institutions into this one please. Thank you L12

Eventually got a response from Barclays. The text of pages 1 and 2 is below. Pages 3 and 4 were another copy of the application and terms and conditions, the same as in post 5 Our understanding of your complaint: You say that Goldfish has not provided you with the information you originally requested in January 2008 You require a true, signed copy of any credit agreement that exists in relation to your account, in accordance with Section 77 and 78 of the Consumer Credit Act 1974. You also require all information relating to this account to be removed from the credit reference agencies files, and for interest and charges to cease. You state that while the account is in dispute, no demands for payment can be made. Summary of our internal investigation: May I firstly explain that Section 77 of the Consumer Credit Act 1974 does not apply to credit cards and therefore this part of your request is not applicable. Notwithstanding the above, Goldfish Bank Limited wrote to you on * February 2008 enclosing a copy of the certified agreement, Terms and Conditions and statement of account. Therefore. Goldfish Bank complied with your request within required timescales. Furthermore, Barclays Bank Plc in the name of Goldfish Bank Ltd wrote to you again on * May 2008 clarifying their obligations under Section 78 of the Consumer Credit Act 1974. For your records , I have enclosed another copy of your executed agreement with the Morgan Stanley Terms and Conditions at the time you entered into your agreement. This is in the prescribed form which embodied the full terms and conditions of your credit agreement in accordance with the terms of Section 61 of the CCA 1974. In requesting a signed copy of your Executed Agreement, we make reference to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states that there is no requirement for the copy of an Executed Agreement to contain any signature box, any date and signature. You have referred to Section 10 of the Data Protection Act 1998 ("the Act"). stating that your personal information should not be further processed. It is our understanding that section 10 of the Act is not relevant unless it can be illustrated that unwarranted damage and distress would arise should certain processing activities continue. Barclaycard maintains that our customers, who include former Morgan Stanley customers. have previously consented, by agreeing to be bound by the Terms and Conditions relating to their Morgan Stanley accounts, to the collection, use, disclosure and retention of their personal information as set out in the terms and conditions, and that continued retention is necessary under the terms of the contract entered into. This consent was assigned to Bardays Bank Plc when it acquired the Goldfish Credit Card portfolio on the 31 March 2008. Since that date Barclays Bank Plc has been the Data Controller of your personal data. The consent is still effective even though you are no longer an active user of your account and cannot be revoked at will. Your balance is now ****.** and you should continue to pay your account in accordance with the agreed repayment plan. However, if you are unable to maintain these payments, please contact us to discuss any further assistance that we might be able to give to you. We believe that the information provided completes our obligation to supply the information and copy documents under Section 78 of the CCA 1974. Comments and advice for next move please. Thank you

Any advice what to do next with this one please. Thanks LPZ

Any advice on reply to letter in post 9 or for next move ? Thanks LZ12

Yes, they are still sending monthly statements. At the moment Payplan are still paying them.

Any advice for next move on this one please.

Mods, could you move this to debt collection industry section for me please. Thanks

Eventually got a response from Barclays. The text of pages 1 and 2 is below. Pages 3 and 4 were another copy of the application and terms and conditions, the same as in post 5 Our understanding of your complaint: You say that Goldfish has not provided you with the information you originally requested in January 2008 You require a true, signed copy of any credit agreement that exists in relation to your account, in accordance with Section 77 and 78 of the Consumer Credit Act 1974. You also require all information relating to this account to be removed from the credit reference agencies files, and for interest and charges to cease. You state that while the account is in dispute, no demands for payment can be made. Summary of our internal investigation: May I firstly explain that Section 77 of the Consumer Credit Act 1974 does not apply to credit cards and therefore this part of your request is not applicable. Notwithstanding the above, Goldfish Bank Limited wrote to you on * February 2008 enclosing a copy of the certified agreement, Terms and Conditions and statement of account. Therefore. Goldfish Bank complied with your request within required timescales. Furthermore, Barclays Bank Plc in the name of Goldfish Bank Ltd wrote to you again on * May 2008 clarifying their obligations under Section 78 of the Consumer Credit Act 1974. For your records , I have enclosed another copy of your executed agreement with the Morgan Stanley Terms and Conditions at the time you entered into your agreement. This is in the prescribed form which embodied the full terms and conditions of your credit agreement in accordance with the terms of Section 61 of the CCA 1974. In requesting a signed copy of your Executed Agreement, we make reference to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states that there is no requirement for the copy of an Executed Agreement to contain any signature box, any date and signature. You have referred to Section 10 of the Data Protection Act 1998 ("the Act"). stating that your personal information should not be further processed. It is our understanding that section 10 of the Act is not relevant unless it can be illustrated that unwarranted damage and distress would arise should certain processing activities continue. Barclaycard maintains that our customers, who include former Morgan Stanley customers. have previously consented, by agreeing to be bound by the Terms and Conditions relating to their Morgan Stanley accounts, to the collection, use, disclosure and retention of their personal information as set out in the terms and conditions, and that continued retention is necessary under the terms of the contract entered into. This consent was assigned to Bardays Bank Plc when it acquired the Goldfish Credit Card portfolio on the 31 March 2008. Since that date Barclays Bank Plc has been the Data Controller of your personal data. The consent is still effective even though you are no longer an active user of your account and cannot be revoked at will. Your balance is now ****.** and you should continue to pay your account in accordance with the agreed repayment plan. However, if you are unable to maintain these payments, please contact us to discuss any further assistance that we might be able to give to you. We believe that the information provided completes our obligation to supply the information and copy documents under Section 78 of the CCA 1974. Comments and advice for next move please. Thank you

Received the following reply from Trading Standards after several months, any thoughts or comments please. Thank you for sending me a copy of the documentation in relation to your complaint with CL Finance. I have now fully reviewed the documentation supplied and can advise you on the following. The date of the application and your completed direct debit mandate is 3 December 1984. This is prior to the provisions of Part V and VI of the Consumer Credit Act 1974, including Section 77 and 78 and the associated regulations which came into force 19 May 1985. Section 77 and 78 state that "the creditor shall. ... give the debtor a copy of the executed agreement (if any) " The bracketed wording "if any" would apply to most naturally to the exception for agreements older than 19 May 1985. As the legislation concerning the form and content, execution and the duties to supply executed agreements, as laid down in the part V of the Act and the associated regulations also did not come into force until the 19 May 1985, there would have been no requirement for a copy of an executed agreement to have existed. It is therefore our opinion that no offence has been or indeed could not be committed in these circumstances. We are assuming that the terms and conditions that CL Finance has provided are those that were the latest prevailing at the time that the debt was taken over by them from GE Capital which is in accordance with regulation 7(1) of the Consumer Credit (Cancellation Notices and copies of documents) Regulations 1983. Therefore we are concluding that CL Finance has discharged their obligations and the agreement is not unenforceable. Ultimately only a court can decide whether to enforce your debt with CL Finance and it would be for you to challenge any future proceedings that CL Finance may bring. This service cannot take any further action regarding this matter