Help ! A new problem - different DCA !

[Guest Battleaxe]

I was going through the correspondence yesterday and noticed how over the weeks the tone is changing in their letters. the last one was neearly patronising, so I fired off a misive informing the writer that I have already the FOS in to investigate. I am sure they are reading the threads and know we don't hesitate to add the signatory to our posts to the site.

 

Amp, I have sent you an email off site to see if get's through to you.

Kent is still alive, I haven't applied the pillow to his face yet. I am tired from lack of sleep. Sorry Priority One for hijacking your thread.

[smashedbobo]

Hi reading this thread is mind boggling to a newbie like me but as all the other threads as well are amazing. Learning so much. Thank you. Just one question. Where will i find the legalaties forum. thanks

[PriorityOne]

Hi reading this thread is mind boggling to a newbie like me but as all the other threads as well are amazing. Learning so much. Thank you. Just one question. Where will i find the legalaties forum. thanks

 

Hiya Smashedbobo... believe me, my mind still boggles over at times !! Legalities can be found at the very bottom of the list of banks...

 

[smashedbobo]

Doh. wood and trees come to mind. and just realised i cant spell either. WHAT A BLONDE BINT I AM. Anyway thank you so much. xxxxx

[PriorityOne]

Another update :

 

Sent a long letter to Liars & Leicester.... tactful and non-accusatory, but pointing out the incestuous relationship between themselves and their pet, Global. If they persist in wanting to take me to court for increased payments, then I will go in fighting.

 

After reading my letter, they will be aware of my intention to defend and also be aware of having their collection methods exposed if they do take me to court.... Inland Revenue are looking at copies of my bank statements at the moment.

 

It seemed that I had nothing to lose because of their previous threats. I will keep you posted as soon as I get a response from someone....

 

[Guest Battleaxe]

Priority One,

 

Good for you, stand your ground and give the shylocks a run for their money. At least Inland Revenue have listened to you

[PriorityOne]

Thanks Battleaxe.... the ICO are also looking into things. It gets a bit nerve-racking at times, but I refuse to be bullied any more....

 

[ampersand]

Hello Priority One-

just to thank you for this :...'Liars & Leicester'.

I'm over on other board with idiot-style techie ?, but suddenly saw this and laughed out loud.

So, in view of your earlier post with this:

'pointing out the incestuous relationship ', why not 'Liars Incestor'?

#############

Hi too Battleaxe -

Anyone want to be Bootiful Bernie Turnkey-Boy Matthews tonight?.

[PriorityOne]

Hello Priority One-

just to thank you for this :...'Liars & Leicester'.

I'm over on other board with idiot-style techie ?, but suddenly saw this and laughed out loud.

So, in view of your earlier post with this:

'pointing out the incestuous relationship ', why not 'Liars Incestor'?

#############

Hi too Battleaxe -

Anyone want to be Bootiful Bernie Turnkey-Boy Matthews tonight?.

 

 

Hi ampersand... sometimes my sense of humour is the only thing that keeps me sane !! .... especially with the drippy excuses they have come out with to cover up their non-compliance with my SAR.

 

"Liars Incestor"... I like it !...lol

[PriorityOne]

Another update :

 

No reply to my nasty letter to Liars & Leicester as yet... but, have just received an e-mail from the Information Commissioners Office :

 

Thank you for your e-mail of 14th February. You are correct in assuming that a Data Protection notification cannot cover two Limited Companies, each would need their own separate notification assuming that they process data that requires notification.

 

Exemptions are possible for:

Some not-for-profit organisations

 

Individuals who are processing personal data for personal, family or household affairs are exempt from notification and most of the other provisions of the Data Protection Act 1998

Data controllers who only process personal data for the maintenance of a public register

 

Data controllers who only process personal data for any one or all of the following purposes for their own business

Staff administration (including payroll)

Advertising, marketing and public relations (for their own business)

 

Hmmm... .... I don't think their pet Global falls into any of these categories....

 

I have also been in touch with another CAG member, who has very kindly sent me letters from pet Global, urging payment. The precise wording is "Alternatively, you can send a cheque to the above address made payable to Global Debt Management Services Ltd"

 

oooooh !!

 

If they are now reg. as trading, this would be ok... but, even if they are trading, this suggests that they should still have their own seperate license.... a different issue altogether.

 

Any thoughts ??

[bach]

Hi, Priority can you please advice next step for unsecured loan for £15000 with A & L

 

Had aggreed arrangement with Global to pay

£25 00 per month from 30th Nov 06 to 30th Jan 07

letter says to be reviewed at the end of this period.

 

On 24th January letter from Shoosmiths asking for payment of £14881.29. (can they do this as previous letter said to be revieved after 30th January)

 

On 2nd Feb received Court forms for Northampton Court. (Shoosmiths)

 

On 4th February I sent CCA 1974 - section 77-79 request with £1 00 to Global and A & L seperatly.

On 11th Feb sent letter to Shoosmith informing them account was in dispute

 

No acknowledgement from Global (12 days up)

On 21st February recived letter from A & L saying aggrement to follow. (12 days up)

24th Feb received Judgement in default ordering to pay the total amount.

 

Monday spoke to the Courts told them the situation as above and informed them I could,nt pay full amount and what was the next step.

 

They also suggested I speak to Shoosmiths see what there next step is also said seems like they are going to try and take a charge on the property. Can they do this as that is why I went for an un secured loan in the first place.??

 

Sent a letter to the Court informing them of what has happened, and confirming my conversation with them (don't think they would take kindly to Shoosmith wasting there time when an agreement was already in place.)

Sent a letter to Shoosmiths with a copy ol letter sent to the Court.

Tried to pay February money to Global but refused to accept it or discuss account.

 

Thanks lynn

[Guest Battleaxe]

I would take this to the Financial Ombudsman for adjudication. I have a loan with A & L, but placed it in dispute before they could take legal action.

[PriorityOne]

Hi Bach ( & Battleaxe !!),

 

It seems that A & L have upped the pressure and become much more aggressive in recent months, despite your payment arrangement being in place. My situation mirrors your own, apart from the fact that my CCA request was received before they began court proceedings... which has enabled me to halt them. It seems that Shoosmiths have made use of the fact that your CCA request was made (4th Feb) after their letter was sent out to you (2nd Feb) and have therefore ignored that the account was placed in dispute from the date that letter was received... Your letter of 11th Feb. informed them of this, so there should have been no doubt.

 

As Battleaxe as suggested, I would write to the Financial Ombudsman (rec. delivery) and outline these facts to them. Send copies of all correspondence sent and received and include details of your payment plan as well. I would also send a copy of your letter to Shoesmiths (rec. delivery)... which will hopefully make them think before taking any more actions against you. It is very difficult to advise you at this stage because.... A & L have managed to get a CCJ against you (albeit through the back door), which means that you have to maintain payments, but A & L have also defaulted in your CCA requests which mean that you shouldn’t be paying them anything at all.

 

Therefore, I would also post a thread on Legalities... in order to find out if you can have the CCJ set aside on the grounds that A & L were issued with a CCJ request on xx/xx/xx.... and Shoosmiths were advised of this on xx/xx/xx.... but went ahead with court action anyway. As for the charge on your property, I don’t think they can do this without a CCA, but this needs to be checked out.

 

The address of the Financial Ombudsman is :

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

Lonson E14 9SR

 

complaint.info@financial-ombudsman.org.uk

 

I am no legal expert.... much of what I do relies on instinct and logic... although this has been known to fly out of the window on several occasions !! However, it is important to know how much you can achieve with the law on your side as well.

 

Strangely enough, I was going to update this thread tonight.... I have had a response to my nasty letter of 2 weeks ago, but it is just an acknowledgement. I would love to post my letter on here, but it would identify me immediately.... and since I have backed them into several corners with the support of the law... it should keep them busy for a while. I will wait until I get a proper response, or the result that I am after, before posting my letter on the open forum.

 

Just to update however,

 

Neither Global/A & L or A & L Finance have complied with my CCA request.

 

A & L have gone beyond the 40 days for complying with my SAR and I also believe that The Data Protection Act, 1988 may have been breached by passing my details to Shoosmiths without my consent.

 

They may have been more breaches of the DPA by selling my details to an external DCA without my consent (different thread).

 

Also, possible tax avoidance by A & L by using a separate Limited company to process data, collect payments, etc.... who is registered as dormant/non-trading.... and is also not registered with the ICO. (This is still being investigated by Inland Revenue)

 

This one may go on for a while.... but for now, I am happy to do nothing more than wait....

[Guest Battleaxe]

I almost sure they cannot get a charge on your property unless they apply to the Court if you don't agree to this. If tyhey are going to apply to the Court, you have to be notified of this and you will have chance to explain to the Judge

[bach]

Hi, Its good of you all to share your info and support me.

My hubby is quite poorly and I can't worry him at the moment with things although he does know that we have problems. but I just keep reasurring him that it will be okay. Trying to cope with a 70 hour working week away from home Sunday evening to Friday PM so don't get much time to be with him, but Ill keep going to keep a roof over our heads. Thanks so much for just being there.

 

Lynn

[Cornucopia]

Hi, Its good of you all to share your info and support me.

My hubby is quite poorly and I can't worry him at the moment with things although he does know that we have problems. but I just keep reasurring him that it will be okay. Trying to cope with a 70 hour working week away from home Sunday evening to Friday PM so don't get much time to be with him, but Ill keep going to keep a roof over our heads. Thanks so much for just being there.

 

Lynn

 

Hi Lynn,

 

I am sorry to read of your situation. I have a direct contact at the Financial Ombudsman, his name is Peter Scandrett.

 

His email address is :

 

Peter.Scandrett@financial-ombudsman.org.uk

 

You might get a quicker response if you email him and ask for some advice.

 

Good luck and I hope this helps x:)

[PriorityOne]

Hi, Its good of you all to share your info and support me.

My hubby is quite poorly and I can't worry him at the moment with things although he does know that we have problems. but I just keep reasurring him that it will be okay. Trying to cope with a 70 hour working week away from home Sunday evening to Friday PM so don't get much time to be with him, but Ill keep going to keep a roof over our heads. Thanks so much for just being there.

 

Lynn

 

Hi Lynn,

 

We are always around to help each other on here.... and sometimes it is a relief to have the feedback. I hope hubby gets better soon... the stress of working a 70 hour week, hubby being ill and having to battle with these muppets must take its toll at times.

 

Cornucopia has given you a very useful link.... please let us know how you get on.

 

[Guest Battleaxe]

Bach,

 

We have all helped each other and we will support you also as you go through this.

 

I know what it like to have a husband who is ill and you have to continue with the day to day things which make this life.

 

One day at a time and allow yourself time to let the sun shine on your face.

 

Blessed Be.

[PriorityOne]

edited.... link to another thread was irrelevant...

[InKogneeToh]

Hi Bach

 

Just wondering why you did not respond to the claim filed at court and notified to you on 2nd Feb. As you already had a payment plan in place, you could have challenged this claim or asked for proceedings to be stayed whilst you attempted to get more information. Are Shoesmiths Global/A&L's solicitors or another DCA that the debt has been passed to?

 

As it is, unfortunately a CCJ is enforceable through the court and so you should make payments whilst you try and sort this out.

 

You can make an application to have the CCJ set aside in some circumstances but the court would probably want to see good reason why you did not contest the claim. Alternatively, if all else fails you can apply for a variation in the order - i.e. repayment of the judgment by affordable instalments, supported by an income and expenditure statement.

 

I would follow Battleaxe's advice first and make a formal complaint to the financial ombudsman. If you can get a decision from them that the court proceedings were unfair/unreasonable/unnecessary in view of your repayment plan with Global, then it might provide some basis for an application to get the judgment set aside.

 

Regards, Pam

[PriorityOne]

Are Shoesmiths Global/A&L's solicitors or another DCA that the debt has been passed to?

 

 

Shoosmiths are the solicitors for A & L/Global....

[Guest Battleaxe]

I just remembered Global is the inhouse DCA, owned by A & L and it turns out they should not be collecting payments from anyone. I know someone has commenced action to have Inland Revenue look at Global's books, because they are listed as NON trading.

[PriorityOne]

I just remembered Global is the inhouse DCA, owned by A & L and it turns out they should not be collecting payments from anyone. I know someone has commenced action to have Inland Revenue look at Global's books, because they are listed as NON trading.

 

That's me ... investigations are still ongoing.

[Guest Battleaxe]

Hahaha, silly me...I read so much on this site and absorb so much, it is just putting the right name to the action. Now I will pull a brown paper bacg over my head.

[PriorityOne]

I have done the same thing myself Battleaxe .... in my case though, I put it down to the curse of middle-age !!