Chantry collections contacting employer/ its war

[Gaston Grimsdyke]

i have no doubt this will end up in the courts for defamation just on that point, calling myself defendant and sending the same templated letters to other debtors employers is against every statute legislation connected with the cca and dpa

 

It's neither a breach of the CCA nor the DPA if you aren't the debtor and it's not your data. Would be a defamation though.

[Magnum]

Well in my case I am the debtor and have been repaying, I just need to know who I should complain to I have looked at the OFT and ICO websites but can see in the thread TS is also mentioned or am I supposed to complain to all three. Also do I just send a letter of complaint with a copy of the Chantry letter, I can feel my stress levels rapidly rising. The tone of thread seems to be taking different twists and turns but am always greatful for any assistance in the right direction I can get from this site.

[napoleon_dynamite]

Magnum, I wouldn't bother with the ICO because no breach of the Data Protection Act has been committed. I would definitely take it to Trading Standards though, because in your case it definitely seems like they are being quite unfair. You could also make a complaint to Chantry, wait for their final response and take it to the Financial Ombudsman Service, although I'm sure others on this site might try to talk you out of this route...

[Magnum]

Contacted them over a month ago about it have received no response, also advised them I would be making an official complaint.

[DonkeyB]

Magnum, I wouldn't bother with the ICO because no breach of the Data Protection Act has been committed. I would definitely take it to Trading Standards though, because in your case it definitely seems like they are being quite unfair. You could also make a complaint to Chantry, wait for their final response and take it to the Financial Ombudsman Service, although I'm sure others on this site might try to talk you out of this route...

 

Why has no breach been committed? You cannot possibly state this without knowing what is in the T&Cs.

[napoleon_dynamite]

Sorry, got my complaints a bit mixed up. I would still raise the complaint via the FSA and Trading Standards though. Maybe the OFT - their respective websites have all the information you need to make a complaint.Not sure what the ICO would do though, they tend to be quite lenient regarding DPA breaches of smaller volumes. IMHO, obviously.

[Guest]

to s140 or not to s140?, etc. generally, what's not in a final statement of case cannot then later be pleaded. so, why not include and let the J decide? posts counsel will no doubt know what to plead?

imo

Edited June 29, 2011 by Ford

[postggj]

you are correct ford

 

slowly slowly catchy monkey

[Gaston Grimsdyke]

What, you mean plead in the first instance that I'm definitely not the debtor, but just in case I actually am, in the second instance I'll use s140 as a defence? That is tactical suicide and will immediately suggest to the court that the primary argument is fabricated which itself will damage the chance of success on the secondary argument.

[postggj]

can we please stop all this

 

IF I AM THE DEBTOR

this is not my account and has nothing to do with me

 

this at the moment is for DEFAMATION

be it i am the debtor or not

 

what authority has chantry got to send a letter TO ANY EMPLOYER stating defendant and legal action when none has occurred

 

then when a complaint under the complaints procedure has gone in, the creditor (chantry) state the letter was sent in error by a new member of staff and was drawn up and sent without authorization

 

i now have 100% proof it is a templated letter that chantry use to embarrass and degrade the debtor in the eyes of the emplyer.

 

lets please stay on subject

 

many thanks

Edited June 30, 2011 by postggj