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Moon phases


Relentless Debt Buyer finally acquired docs almost 1 year after my 3 letters

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Relentless Debt Buyer finally acquired docs almost 1 year after my 3 letters Empty Relentless Debt Buyer finally acquired docs almost 1 year after my 3 letters

Post by onak on Thu Jun 13, 2019 1:31 am

I'm at a bit of a dead end here I think, and wondered if anyone had gone through the same.

I went through the 3 letter process with an aggressive DP, who had nothing besides a doctored NoA and threatening phone calls and letters. The NoA was worded it carefully as if it was from the original lender, and thanks to this site, i knew what to look out for, it was obviously a bogus document. The DP tried to take me to court with only that, but I managed to avoid it at the time (by using external mediation). This is where I probably stuffed up in hindsight, knowing now that they had nothing on me back then. My mistake quite possibly was just not going to court at this time.

The DP completely ignored my letters while scrambling together some requested documents from the original lender. Now they're sitting in the box seat ready to take me to court again, this time with the original lenders default notice, NoA, all credit card statements, online application, and original lenders history of correspondence with me.

The external mediation has therefore gone against me - even though they conceded the DP avoided their responsibility in not providing me anything at all - and while continuing to charge daily interest.

Curious to know if anyone has been able to argue successfully that the DP only built up a case after 1 year of nothing.

onak
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Post by Mrblue on Thu Jun 13, 2019 8:45 am

This looks like an interesting situation... Hopefully someone like the superb Waylander62 will offer some advice.

In the meantime, get a DSAR over to the OC ASAP (where any real evidence will be found).
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Post by onak on Thu Jun 13, 2019 9:57 am

Many thanks Mr Blue! I did SAR the OC and got rabble back, which they forwarded also to the Debt Purchaser! Statements, Default Notice, Terms and Conditions Booklet you can pick up off any bank counter, and an online application which is just a typed up spreadsheet with incorrect address and credit amount on it! No contract, information on fees, interest. Just a lot of mud thrown at the wall.

Anyway, the most interesting thing from the SAR was all my credit card account notes. The most recent entry by the Original Lender being listed as
"DATE. URGENT URGENT! ACCOUNT WAS REMEDIATED! cheque sent to buyer"

But I cant get to the bottom of what that means. It's a brick wall, original lender ignores and debt buyer ignores but wont ease off either.

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Post by waylander62 on Thu Jun 13, 2019 12:17 pm

i need to clarify your first post information

tried to take you to court but you used external mediation ? please explain this more clearly as it sounds they did issue a claim and it went to mediation ?

they are taking you to court AGAIN ? what after agreeing at mediation ?

they have as long as they want to provide documents within the statute barred period

sounds like the docs provided are not compliant anyway would need a lot more info on this

debt buyers dont ease off unless you prove their wrongdoing and let them know in a letter, that usually scares them off

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Post by Mrblue on Thu Jun 13, 2019 2:27 pm

@onak wrote: I did SAR the OC and which they forwarded also to the Debt Purchaser!  .

How do you know the OC did this? That would surely be a breach of the GDPR / DPA simply to forward a large volume of YOUR personal data onto a third party (the DP) that you - NOT the third party (DP) asked for?
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Post by onak on Fri Jun 14, 2019 1:14 am

@Mrblue wrote:
@onak wrote: I did SAR the OC and which they forwarded also to the Debt Purchaser!  .

How do you know the OC did this? That would surely be a breach of the GDPR / DPA simply to forward a large volume of YOUR personal data onto a third party (the DP) that you - NOT the third party (DP) asked for?

Because the OC twerps included the email correspondence between OC and DP in my SAR pack! I know.
I am trying the GDPR route, so far met with deafening silence and as far as the OC are concerned they are done with me...

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Post by onak on Fri Jun 14, 2019 1:19 am

@handle wrote:Ask them for more information.
What balance are they seeking?
How is it made up?
What charges and interest are in that?
Has PPI been included?
Get copies of all statements?
Get a copy of the default notice?
Get a copy of the agreement under the consumer credit act?
Ask how much they paid for the debt? (don't comment on this anyone)

thanks handle. I did ask for all this. The DP don't have a set amount, it rises by the day for the past year lucky them, and i've never seen a breakdown of charges or interest or fees, no signed agreement, no deed of assignment confirming what they paid. The OC did send me (and the DP) all my statements, default notice, application spreadsheet completed by the OC.


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Post by onak on Fri Jun 14, 2019 2:33 am

@waylander62 wrote:i need to clarify your first post information

tried to take you to court but you used external mediation ? please explain this more clearly as it sounds they did issue a claim and it went to mediation ?

they are taking you to court AGAIN ? what after agreeing at mediation ?

they have as long as they want to provide documents within the statute barred period

sounds like the docs provided are not compliant anyway would need a lot more info on this

debt buyers dont ease off unless you prove their wrongdoing and let them know in a letter, that usually scares them off

thanks waylander. I went through external mediation and if I don't agree with/ignore their 'decision' that I owe the alleged debt, sitting now at an astronomical figure of interest fees charges, then the Debt Purchaser is free to kick things off again through the court process.

I have gone over the 3 letter process entry here http://goodf.forumotion.com/t41-the-3-letters-process by Lopsum in March 2017 that includes how petesomething beat them when faced with court.

The only angles that I now feel might scare the DP off is proof that my debt has been written off / remediated and they haven't ever paid a penny for it, plus all the non-compliant reconstructed documents as you say.  
I suppose if they have as long as they want within statute barred, then the fact they tried to start a court proceeding without any documents probably wont mean much now.

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Post by Mrblue on Fri Jun 14, 2019 2:01 pm

@onak wrote:
@Mrblue wrote:
@onak wrote: I did SAR the OC and which they forwarded also to the Debt Purchaser!  .

How do you know the OC did this? That would surely be a breach of the GDPR / DPA simply to forward a large volume of YOUR personal data onto a third party (the DP) that you - NOT the third party (DP) asked for?

Because the OC twerps included the email correspondence between OC and DP in my SAR pack! I know.

So to be absolutely clear - the DSAR pack included the OC telling the DP that you had requested a DSAR...??
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Post by waylander62 on Fri Jun 14, 2019 8:45 pm

still cant get my head around the 'mediation' bit ? who's 'decision' did you have to agree with ?

all these extra charges added by the DP plus interest after default and sale ? this doesnt sound right either

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Post by Mrblue on Fri Jun 14, 2019 9:21 pm

@handle wrote:i think this might be another Winnie

What “might be another Winnie”? I’m lost haha


Last edited by Mrblue on Fri Jun 14, 2019 9:35 pm; edited 1 time in total (Reason for editing : Spelling)
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Post by onak on Sun Jun 16, 2019 12:26 am

@handle wrote:I note you haven't actually given any info about your alleged debt. Its difficult to help someone without info.

Your own initial post is simply asking "Curious to know if anyone has been able to argue successfully that the DP only built up a case after 1 year of nothing."

The answer to that is obviously "no". There is nothing more to discuss.

Your expression DP seems to indicate you are used to debt fora.

I have been following goodf for a long time, but always felt reluctant to post for the reason above. Thanks for your replies anyway.

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Post by onak on Sun Jun 16, 2019 12:35 am

@Mrblue wrote:
@onak wrote:
@Mrblue wrote:
@onak wrote: I did SAR the OC and which they forwarded also to the Debt Purchaser!  .

How do you know the OC did this? That would surely be a breach of the GDPR / DPA simply to forward a large volume of YOUR personal data onto a third party (the DP) that you - NOT the third party (DP) asked for?

Because the OC twerps included the email correspondence between OC and DP in my SAR pack! I know.

So to be absolutely clear - the DSAR pack included the OC telling the DP that you had requested a DSAR...??

My SAR pack from the orginal creditor is an inch thick pile of papers. One of those papers is an email from the debt purchaser, dated around the week they began to receive my 3 letters, to the original creditor requesting all documents from them. Thats what I mean there.

Also included in the SAR pack are 2 pages of all correspondence me and the original creditor have ever had, from day dot. Whether it be phone calls, letters sent out, all before default, general notes throughout the time I had a credit card with them.
The final few entries after default are obviously more juicy... entries include "Spoke to Debt Buyer who requested documents"
"Forwarded Debt Buyer the customers letter" "Urgent. Account has been remediated. Sent cheque to buyer"

I don't know if its a mistake that someone sent me all these notes or not. But thats neither here nor there. I requested everything under GPDR.

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Post by onak on Sun Jun 16, 2019 12:39 am

@waylander62 wrote:still cant get my head around the 'mediation' bit ? who's 'decision' did you have to agree with ?

all these extra charges added by the DP plus interest after default and sale ? this doesnt sound right either

The mediation is not binding or formal, its just a tactic I was recommended to use to buy time and stop the Debt collection harassment and threats, and possibly scare them off. That hasn't worked. So I am now back at square one, but with a bigger alleged debt rising by the day.

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Post by onak on Sun Jun 16, 2019 2:06 am

I have been going through all the forum posts, and these two topics are very similar to my situation, so I would be keen to hear how Tiberius or davidg4039 got on, if they're still active.

http://goodf.forumotion.com/t1871-debt-collectors

http://goodf.forumotion.com/t3316-cabot-filed-ccj-application-despite-3-letter-process?highlight=letter+4

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