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High court Writ and breach of DPA

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  • High court Writ and breach of DPA

    My wife has a CCJ from 2009 that has been through the high court.

    The first we were aware of this was around 18 months ago when a bailiff knocked at our door. We had moved twice since this went to court and were not aware it. he problem comes from that "initial" contact.

    The bailiff asked for my wife lets say Mrs Smith who was not in, i advised i was her husband and asked how I could help. He went on to give me the details of the court order, balance, reason for it, dates defending company ext. He insisted on a payment today and an arrangement going forward. I paid £50 on the spot and £50 a month for over a year. all this came from my own bank account.

    I know the balance was around £1400 when i started making the payments so when i believed it was near an end i called them and obtained the current balance, the number of payments ext. I was unhappy to find that due to the charges and interest i still owed them £1600. I complained about this and asked for more details. I was given details of the overall charges and interest rate on the phone. I asked her to break down the charges and this is where it gets interesting. I was advised she couldn't give any more details as i was not authorized on the account. That it was just in Mrs Smiths name and I needed to get a letter of authority.

    We have since complained to them about this reach of DPA and have got nowhere. They keep telling us that third parties can make payments and that i did this of my own accord. W have pushed and pushed and they keep threatening further action if we don't keep paying.

    They have clearly broken DPA on numerous occasions. Have not responded to our complaints and are so passive about the whole thing. What can i do about this?
    Tags: None

  • #2
    Re: High court Writ and breach of DPA

    It may well be wrong what they have done but will be looked upon as a minor infringement so would doubt there is any mileage in it.

    Comment


    • #3
      Re: High court Writ and breach of DPA

      I thought DPA breaches were a legal issue punishable with both a fine and or imprisonment. The fine can be upto 500k - i was under the impression it maybe taken more seriously.

      Comment


      • #4
        Re: High court Writ and breach of DPA

        Originally posted by friskydragon;432412[B
        ]I thought DPA breaches were a legal issue punishable with both a fine and or imprisonment. The fine can be upto 500k [/B]- i was under the impression it maybe taken more seriously.
        Yes, that's correct, but that level of fine would be for a company doing something like misplacing disks containing personal details of 1000s of customers, that sort of thing.

        Comment


        • #5
          Re: High court Writ and breach of DPA

          Ah. No problem. Thank you for your help.

          Comment


          • #6
            Re: High court Writ and breach of DPA

            What HCEO company is this?

            Comment


            • #7
              Re: High court Writ and breach of DPA

              It's a company called Marstons.

              Comment


              • #8
                Re: High court Writ and breach of DPA

                Originally posted by friskydragon View Post
                It's a company called Marstons.
                It just had to be sharkstons didn't it, or the other one likely to, make a debt being paid potentailly unpayable by adding fees to infinity and beyond would be Sherfarce

                Ask or get your wife to ask for a fee breakdown as they appear to be inflating the debt.

                Comment


                • #9
                  Re: High court Writ and breach of DPA

                  The arrangement you have to pay, who was this made with? Can you still afford the payments? Have you asked for a breakdown of the fees they have charged? have you asked how the payments are split?

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                  • #10
                    Re: High court Writ and breach of DPA

                    I have found out the fees but do not understand them!

                    Seizure £4
                    milage £96.36
                    poundage £48.40
                    possession £279.00
                    valuation £122.45
                    administration and satisfaction certificate £180
                    Vat £147.44

                    some if these are obvious (mileage for example - although I don't see how it can be that much for one visit)

                    any ideas?

                    Comment


                    • #11
                      Re: High court Writ and breach of DPA

                      Originally posted by friskydragon View Post
                      I have found out the fees but do not understand them!

                      Seizure £4 - what goods did they seize?
                      milage £96.36 - restricted to £50 +VAT
                      poundage £48.40 - this is chargeable at 5% for the first £100 & 2.5% above that. This suggests they are claiming to have received approx £1800 from you.
                      possession £279.00 - seems as if they claiming fees for removal of goods etc?
                      valuation £122.45 - what did they value?
                      administration and satisfaction certificate £180 - needs explantaion as to what this is for
                      Vat £147.44

                      some if these are obvious (mileage for example - although I don't see how it can be that much for one visit)

                      any ideas?
                      See above.

                      Comment


                      • #12
                        Re: High court Writ and breach of DPA

                        Have a read of the Regulations @ http://www.hceoa.org.uk/regulatory-i...ions-2004.html fees are listed under Schedule 3 Regulation 13.

                        Comment


                        • #13
                          Re: High court Writ and breach of DPA

                          Hi Plodderton,

                          thank you for all the information and sorry for the late resonse. We have a major victory here. Marstons wrote the remaining balance off (that still stood at £1400) due to the DPA breaches and have refunded me every penny I paid them which was actually about £1100.

                          Took a long time but we got there in the end. Thanks again.

                          Comment


                          • #14
                            Re: High court Writ and breach of DPA

                            Pleased to hear you have a result & can no doubt sleep easier now.

                            Comment

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