Thanks very much for the replies.

I have asked them for a final response which I doubt I will get so I will let it time out and then send it off to OFGEN.

I don't really expect anything to come of it other than to make OFGEN aware of how bad the service from this company is. If enough people complain, something may be done.

 I think Scot Power are probably going to have a bigger problem with the chap who took over the property next door as in their wisdom, Scot Power e-mailed me a copy of his lease contract for the building which is obviously a confidential document. He was not happy to say the least when I showed him and intends to take that further with the Data Commissioner and court action if he gets no satisfaction.

Cheers

Cashins

We now live in Spain but still have a house in England that our son lives in and Gas/Elec is by Scottish Power.  Going back to Oct of last year the commercial property next door, (Which also use Scot Power), had a new tenant and when they transferred the billing details, Scot Power made a hash of it and transferred our account to them. After many phone calls, during which all of there agents told me it was sorted out, nothing changed. After months of this and despite their agents doing their best to talk me out of it, I sent a formal complaint in. Suprise, they then got on it and sorted it out and they were very sorry etc and could they then close the complaint. When I pointed out that the complaint was about the fact that it took 3 months to get it sorted out, not that it was fixed now, they just say very sorry, can we close the complaint. On asking if that is their final response, I just get very sorry, can we close the complaint.

As I understand it, to forward the whole thing to OFGEN, you need to have a final response. How do you proceed if They won't give one?

Any help would be most appreciated

Cashins 

This was resolved to my advantage.

If you receive it.

Mine was a 1998 vintage MBNA that was unenforceable as they couldn't find one. There were some issues regarding MBNA agreements from this era but I cannot remember what they were, as I didn't really need to know. You best bet is that, if they send one, post it up (blank out name, address, account numbers etc that could identify you.) There are plenty of people on this site that can tell you the score on it. Also bear in mind that they can't go to court with a reconstructed agreement and T&C's from that period, it needs to be the original.

David

Hhhhhhhha

Dddddddddavid

No response at all to the LBA, (checked, was delivered).

Need to bone up on the DPA to find exact clause they are breaking (duty to ensure data is accurate) then put together a POC

David

More quango jobs

David

Also, from this year instead of the head of the household filling in the form, it will be the individual who does it so instead of one form to the house, it will be one form to each person in the house.

 

 

We've used the head of the house system for hundreds of years, so why change it and in such an expensive way.

Generates more quango jobs.

David

Thanks Stig

I will give it a go.

David

Can anyone tell me the name and address of the above.

Background is that back in 2005 the posted a financial association with a person I know to be a debtor, but being so long ago, they have no idea why it was posted.

This has been rattling around their complaints dept for some months now, going nowhere. They are saying that they want me to forward a copy of my current credit report before they will remove it, (despite the fact that it would not show information from 2005). In short I think they are just messing me about.

I am now minded to send a letter before action to their data controller.

Would that be the right person?

David

They still have to sign for anything that requires a signature, when they collect from their PO BOX, I wont say too much but there is one very high profile DCA who is too nervous about collecting their mail from the PO BOX and insist that it is delivered, it is not Lowells.

Yes, but with some companies they may be signing for multiple items, in which case it is difficult to link the signature to your item.

David

I would agree that regal are low risk.

The letter is a typical 'fire and brimstone' threat o gram and I had contact with them some time ago which turned out to be all hot air.

David

I am pretty accurate on what debts I owe so have no unknown.

All of the debts became Stat barred certainly, with all having cause for action, (when 1st missed payment became due, no further payments and no ackowlegement of the debt) April/May 2014.

If the searches don't show however, not worth getting my knickers in a twist over it.

Thanks for the info guys

David

Just got info for all 3 CRA's and found a search by the above last year.

As I understand it this will stay on for 2 years. Simply says 'Unrecorded enquiry'. So I have no idea what it relates to. 2 questions:

1. Is that type of enquiry visible to lenders?

2. How can I find out what it relates to?

This entry is historical, however all accounts in arrears became Stat Barred April/May this year. What would be the position if they again search my file when they are Stat Barred?

Not very well up on the rules regarding searches so any help would be greatly appreciated.

David

Don't know if it was Clydsdale Financial Services T/A Barclay Partner Finance, part of Barclays Plc, answerable to the Barclaycard division that was providing point of sale finance to Computeach at that point.

They eventually withdrew from the training marketplace.

David

I am very wary of the concept of partial settlements, never done it myself but past threads abound where the DCA settled then simply sells the balance to another DCA to then chase you for it.

If you went that road you would need it in writing that they would't do that and even then some might try it on. DO NOT expect honesty or integrity from a DCA or you will be let down for sure.

David

CCA them.

I had a similar situation with an MBNA which went to Arrow Global.

Don't know when you originally took out the card, I took mine out in 1999.

They could't find the agreement so stuck two fingers up despite their pleading letter that I was 'morally obliged to pay them'.

Suspect this situation applies to a fair number of years with them so give it a go.

David

Just recieved a letter from Cabot stating

"This Default Notice is served in accordance with the Financial Conduct Authority Consumer Credit Sourcebook"

 

I am in breach of the "payment" clause under your credit agreement

by failing to pay the required instalments on the due dates.

 

In order to remedy your breach, you are required to pay £ xxxx.xx before 12th June.

 

If action required by this notice is taken before the date shown no further enforcement

will take place in respect of the breach.

 

If you do not take the action required by this notice by the date required

then further action set out below may be taken against you.

 

a. credit agreement will be terminated and you must then repay the full outstanding balance,

which will become immediately due and payable.

 

b.We will on or after the relevant date, enforce our rights under the agreement

and any other agreement which we own relevant to this agreement

and you will be required to comply with this and make payment of the outstanding balance then due.

 

c. A DCA may be instructed to recover the outstanding balance.

 

d. Legal proceedings may be taken against you for the recovery of the full outstanding balance.

 

e. Details of your account and default information will be registered with the CRA's

 

Outstanding balance £xx,xxx,xx

Less Rebate £ 00.00.00

Amount to be paid £xx.xxx,xx

 

Attached is FCA No 2 Default information sheet

If that is a direct quote from their default notice it doesn't fit the required format and is not legal anyway.

David

I originally had debts of nearly 60k, mostly on c/c's.

I did have an advantage in that the cards were taken out late 1990's, early 2000's.

With the help provided by CAG, I fought of every attempt by these to reclaim including threatened court action

by the dreaded Restons in 2 cases.

Turned out that 3 creditors could't find the agreements,

the other 3 agreements would not stand up in court.

As stated without the advice from CAG,

I would have be paying these forever.

As it was the companies were reduced to endlessly bouncing the accounts from DCA to DCA.

Checked and double checked today, they are all now Stat Barred.

Only adverse left on my credit file is a default from one of them (the company waited the full six months before defaulting),

however that falls off in Sept this year.

What I am saying is don't give in to pressure from the OC or the DCA's but fully check out the claims made against you and never believe the outright lies they tell.

David

Got a result here.

Been away for some days so didn't get round to the LBA, but a letter turned up from them saying that as they don't really know why this entry was made, they will remove it and confirm when they have done so.

David

hi David,

 

You are not the only one.

 

They are trying the same thing with me on a debt from 2007 for the same lender! However they are trying to say I made a payment in 2011, which I did not, guessing that in itself is a bit naughty!

 

Going to send a "Foxtrot Oscar" letter, see what happens next.

Aha. Ask them to provide details of how this payment was made. Cheque, Postal Order, Credit/debit Card, if so cardholders name, authorisation number etc. It is not enough for them to show a payment was made. They need to show YOU made it.

David

This has got me really confused, if the debt hasn't been sold how have Cabot become involved? I will ring Hitachi in the morning to find out what is going on.

If you want to be given misinformation or outright lied to, phone them. I would strongly suggest you keep you contact in writing.

If the alleged debt is still owned by Hitachi, then Cabot are just acting as a debt collector.

david

Thanks for your input AY.

More or less my thoughts anyway but wanted to make sure there were no problems current with this route.

I will knock out an LBA and send it to be signed for. I think that this may do the trick. From the run around I have been getting I suspect they were concerned I could bring action and have got into 'smoke and mirrors' to try and protect themselves.

If push comes to shove, I will need help as the last time I brought action was around 12 years ago!

Thanks again

David

Can anyone tell me what is the state of play regarding filing in the county court for damage to credit reputation?

Circumstances are: A financial institution listed an association some years ago to a person who is clearly a known debtor, (clear since they left this property some time ago a number of collectors have shown up looking for them). Point being I KNOW I have never a financial association with this person. They company concerned did not reply to my 1st two letters (until I threatened the ICO) then wanted me to call them to discuss this. Ever since then I have had a stream of letters trying to justify their actions but have insisted this is valid data. They however have no records no idea as to why this was originally created as their records don't go back that far. They have also tried to tell me that you can file a notice with the CRA's and associations don't matter anyway,(which is a straight lie, what would be the point of the system anyway?)

I have been pushed from pillar to post for 4 months now, they have now referred to letters that have have never been received, but no doubt a filed on their computer systems, for the record, and I have run out of patience with this organisation.

I now have two options:

File with the ICO, which would grind through their system and remove this association.

Take them to the county court. As I see it, I cannot show a negative, if it never happened, how can that be. They would have to show that this entry is valid, but they have no records as to why this was created. Possible downside is that the judge could decide that is my credit reputation is stuffed any way, it didn't matter. Want to remove this as, fairly soon, not only has the bad news dropped of of my credit record, they go Stat Barred anyway.

Grrrrrrrrrrrr

David

Ah, but I have always found that these companies can always find the bits that suit them, but have problems finding the bits that don't.

Whatever, stand up to these people and their threats, their ever changing staff will have to get rid of their old Fords and be back to riding buses if you do.

David