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Strengthen Your Legal Letter
Summary
In the UK, a Letter Before Claim (LBC) typically requires a 14-day notice, but 7 days can be reasonable if prior notice was given. Electronic signatures are generally valid, but ensure proper authentication. You can report issues to both the FCA and FOS for regulatory breaches and dispute resolution. If pursuing legal action, you can apply for help with fees when filing a claim. Consider consulting a legal professional for personalized advice.Full Conversation
United kingdom
Great, here are some additional tips to make your letter before claim as strong as possible in the UK:
- Attach any relevant documents supporting your claim.
- Ensure the letter is properly dated.
- Keep a copy for your records.
- Consider sending it via recorded delivery for proof of receipt.
Do you need any more specific advice on the legal basis or remedy for your claim?
- Attach any relevant documents supporting your claim.
- Ensure the letter is properly dated.
- Keep a copy for your records.
- Consider sending it via recorded delivery for proof of receipt.
Do you need any more specific advice on the legal basis or remedy for your claim?
Lantern debt recovery services Ltd
Protection House
* Bradford road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I write to order you to cease and desist on all collections activity on the above named account and remove any personal details you hold. As previously advised I will bring a claim against you for breaching Data Protection Act *, Financial Conduct Authority regulations & Consumer Credit Act *.
After my Data Subject Access Request, You have failed to provide me with sufficient evidence to prove you have legal rights to my data or any rights to such claim.
I asked you to provide a deed of assignment. You refused to provide this stating “it’s commercially sensitive” and I refer you to relevant case law proving as a fact you have to provide when requested the original deed of assignment
- *. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): This case discusses the necessity of providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): This case highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
Moving on, You Lantern debt recovery service Ltd are reporting this alleged debt to my credit file as missed payments causing substantial damage to my credit rating, my mental health & well-being and causing substantial financial damage, You are also causing alarm and distress by demanding such payment with no chose in action.
When I further contacted you to demand you remove this from my credit report. You replied with such nonsense – “We then became the legal owners of the outstanding balance and advised we would be updating your record with the Credit Reference Agency showing this account has defaulted in the next 90 days”
Article *(*) requires that personal data shall be:
“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).”
Lantern are failing on most if not all of article *.(*)
- You cannot or will not provide the deed of assignment
- You cannot prove your fiduciary capacity relating to this matter
- You believe you have “bought” this debt and I don’t see anything in the PRE contractual agreement that states the account can be put up for sale and sold.
- You have no rights to my data AT ALL.
- The pre contractual agreement you have sent as evidence is not enforceable in a court of law. Where is the original agreement?
As I previously warned I will be taking further action against you on the basis of the details outlined above and that I would be seeking damages for the same value of which you are trying to obtain from me.
I am seeking damages to the value of £*.* and payments MUST be made within 7 days of todays date */*/*.
I will accept an early settlement on this matter valid for the next 7 days of £* providing you cease all collections activity on the account.
If no agreement can be made within 7 days, court proceedings will be issued and the early settlement offer will be withdrawn.
Your letter is quite detailed and covers important points. To make it more effective, consider these improvements:
- Ensure all claims are clearly supported by evidence.
- Specify the exact breaches under the Data Protection Act *, FCA regulations, and Consumer Credit Act *.
- Avoid using emotionally charged language.
- Include a clear and concise summary of your demands and deadlines at the end.
Would you like help with drafting a specific section or reviewing a particular part of your letter?
- Ensure all claims are clearly supported by evidence.
- Specify the exact breaches under the Data Protection Act *, FCA regulations, and Consumer Credit Act *.
- Avoid using emotionally charged language.
- Include a clear and concise summary of your demands and deadlines at the end.
Would you like help with drafting a specific section or reviewing a particular part of your letter?
Create me a draft of the above removing the emotion
Sure, here is a revised draft of your letter:
---
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I write to formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rights to such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." I refer you to the following case law:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported thisalleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be:
- Processed lawfully, fairly, and transparently.
- Collected for specified, legitimate purposes.
- Adequate, relevant, and limited to what is necessary.
- Accurate and kept up to date.
- Kept in a form permitting identification for no longer than necessary.
- Processed securely to prevent unauthorized access.
You have failed on several of these requirements. Specific breaches include:
- Inability to provide the deed of assignment.
- Inability to prove fiduciary capacity.
- Inadequate evidence of the original agreement.
I will be seeking damages of £*.*, with payment required within 7 days from today's date (*/*/*). I am willing to accept an early settlement of £* within the next 7 days, provided you cease all collections activity.
If no agreement is reached within 7 days, court proceedings will be
---
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I write to formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rights to such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." I refer you to the following case law:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported thisalleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be:
- Processed lawfully, fairly, and transparently.
- Collected for specified, legitimate purposes.
- Adequate, relevant, and limited to what is necessary.
- Accurate and kept up to date.
- Kept in a form permitting identification for no longer than necessary.
- Processed securely to prevent unauthorized access.
You have failed on several of these requirements. Specific breaches include:
- Inability to provide the deed of assignment.
- Inability to prove fiduciary capacity.
- Inadequate evidence of the original agreement.
I will be seeking damages of £*.*, with payment required within 7 days from today's date (*/*/*). I am willing to accept an early settlement of £* within the next 7 days, provided you cease all collections activity.
If no agreement is reached within 7 days, court proceedings will be
Can I remove the blue background of your text?
You can remove the blue background from the text by copying the text and pasting it into a plain text editor like Notepad. This will strip away any formatting, including background colors. After that, you can copy and paste the plain text back into your desired document.
Is there anything else you need help with?
Is there anything else you need help with?
Is my letter good enough for court
Your letter is quite strong and covers crucial aspects. To ensure it is court-ready, verify the following:
- Supported Claims: Ensure all claims are backed by evidence.
- Legal References: Specify exact breaches under relevant laws.
- Clarity: Maintain a clear, concise summary of demands and deadlines.
Would you like specific help with any other part?
- Supported Claims: Ensure all claims are backed by evidence.
- Legal References: Specify exact breaches under relevant laws.
- Clarity: Maintain a clear, concise summary of demands and deadlines.
Would you like specific help with any other part?
What are the exact breaches
Here are the exact breaches based on your letter:
- Data Protection Act *: Failure to provide legal rights to your data, refusal to provide a deed of assignment, inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations: Unfair debt collection practices, causing alarm and distress without valid claim.
- Consumer Credit Act *: Failure to provide valid evidence of original credit agreement.
Do you need any more details on these breaches?
- Data Protection Act *: Failure to provide legal rights to your data, refusal to provide a deed of assignment, inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations: Unfair debt collection practices, causing alarm and distress without valid claim.
- Consumer Credit Act *: Failure to provide valid evidence of original credit agreement.
Do you need any more details on these breaches?
Is there anything I should add to jazz my letter up a bit
Your letter is already quite thorough. Here are a few suggestions to enhance it:
- Professional Tone: Use formal language throughout.
- Bullet Points: Organize your claims and breaches in bullet points for clarity.
- Headers: Use headers for different sections (e.g., "Legal Breaches," "Claims," "Demands").
- Conclusion: Add a strong concluding paragraph reiterating your demand for resolution.
Would you like me to draft these changes for you?
- Professional Tone: Use formal language throughout.
- Bullet Points: Organize your claims and breaches in bullet points for clarity.
- Headers: Use headers for different sections (e.g., "Legal Breaches," "Claims," "Demands").
- Conclusion: Add a strong concluding paragraph reiterating your demand for resolution.
Would you like me to draft these changes for you?
Yes please
Sure, here's a revised draft with enhancements:
---
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Legal Breaches:
- Data Protection Act *:
- Failure to provide legal rights to my data.
- Refusal to provide a deed of assignment.
- Inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations:
- Unfair debt collection practices.
- Causing alarm and distress without valid claim.
- Consumer Credit Act *:
- Failure to provide valid evidence of original credit agreement.
Claims:
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rightsto such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." Relevant case law includes:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported this alleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be processed lawfully, fairly, and transparently; collected for specified, legitimate purposes; adequate, relevant, and limited to what is necessary; accurate and kept up to date; kept in a form permitting identification for no longer than necessary; and processed securely to prevent unauthorized access. You have failed on several of these requirements.
Demands:
- Cease all collections activity.
- Remove any personal details you hold
---
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Legal Breaches:
- Data Protection Act *:
- Failure to provide legal rights to my data.
- Refusal to provide a deed of assignment.
- Inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations:
- Unfair debt collection practices.
- Causing alarm and distress without valid claim.
- Consumer Credit Act *:
- Failure to provide valid evidence of original credit agreement.
Claims:
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rightsto such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." Relevant case law includes:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported this alleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be processed lawfully, fairly, and transparently; collected for specified, legitimate purposes; adequate, relevant, and limited to what is necessary; accurate and kept up to date; kept in a form permitting identification for no longer than necessary; and processed securely to prevent unauthorized access. You have failed on several of these requirements.
Demands:
- Cease all collections activity.
- Remove any personal details you hold
I cannot see the demands can you just show them?
Sure, here are the demands, clearly outlined:
---
Demands:
- Cease all collections activity on the above-named account.
- Remove any personal details you hold.
- Provide the deed of assignment.
- Correct inaccuracies in my credit report.
- Pay damages of £*.* within 7 days from today (*/*/*).
- Offer an early settlement of £* within the next 7 days, provided you cease all collections activity.
---
Is there anything else you need help with?
---
Demands:
- Cease all collections activity on the above-named account.
- Remove any personal details you hold.
- Provide the deed of assignment.
- Correct inaccuracies in my credit report.
- Pay damages of £*.* within 7 days from today (*/*/*).
- Offer an early settlement of £* within the next 7 days, provided you cease all collections activity.
---
Is there anything else you need help with?
Should I include anything else that would benefit me
Your letter is quite comprehensive. Here are a few additional points that might benefit you:
- Legal Remedies: Mention potential legal remedies if they fail to comply (e.g., compensation for distress, legal costs).
- Witnesses: Include any witnesses who can support your claims.
- Previous Communication: Summarize previous attempts to resolve the issue amicably.
Would you like help adding any of these sections?
- Legal Remedies: Mention potential legal remedies if they fail to comply (e.g., compensation for distress, legal costs).
- Witnesses: Include any witnesses who can support your claims.
- Previous Communication: Summarize previous attempts to resolve the issue amicably.
Would you like help adding any of these sections?
Add some legal remedies in
Sure, here are some additional points on legal remedies included in your letter:
---
Demands:
- Cease all collections activity on the above-named account.
- Remove any personal details you hold.
- Provide the deed of assignment.
- Correct inaccuracies in my credit report.
- Pay damages of £*.* within 7 days from today (*/*/*).
- Offer an early settlement of £* within the next 7 days, provided you cease all collections activity.
Legal Remedies:
- Compensation for distress and inconvenience caused by your actions.
- Reimbursement of any legal costs incurred in pursuing this matter.
- Potential for additional damages if the matter proceeds to court and you are found liable.
---
Would you like any more specific details or help with another part of your letter?
---
Demands:
- Cease all collections activity on the above-named account.
- Remove any personal details you hold.
- Provide the deed of assignment.
- Correct inaccuracies in my credit report.
- Pay damages of £*.* within 7 days from today (*/*/*).
- Offer an early settlement of £* within the next 7 days, provided you cease all collections activity.
Legal Remedies:
- Compensation for distress and inconvenience caused by your actions.
- Reimbursement of any legal costs incurred in pursuing this matter.
- Potential for additional damages if the matter proceeds to court and you are found liable.
---
Would you like any more specific details or help with another part of your letter?
Isnt damages and compensation the same thing?
Yes, in legal terms, "damages" and "compensation" are often used interchangeably to refer to the monetary remedy awarded to a party who has suffered loss or injury. Both terms imply a financial award to cover losses or harm caused by another party's actions.
So as you can establish lantern won’t provide a deed of assignment but have produced a pre contract agreement as “proof” am I going about this the right way?
It sounds like you're on the right track. Here are a few key points to consider:
- Deed of Assignment: Emphasize their obligation to provide this document.
- Pre-Contract Agreement: Highlight its insufficiency as proof.
- Breach of Regulations: Continue to assert breaches under the Data Protection Act *, FCA regulations, and Consumer Credit Act *.
Would you like further clarification on any specific point?
- Deed of Assignment: Emphasize their obligation to provide this document.
- Pre-Contract Agreement: Highlight its insufficiency as proof.
- Breach of Regulations: Continue to assert breaches under the Data Protection Act *, FCA regulations, and Consumer Credit Act *.
Would you like further clarification on any specific point?
Clarify it all please in simpler terms
Sure, here's a simplified explanation of your situation and steps:
*. Deed of Assignment: Lantern must provide this document to prove they legally own your debt. They haven't done so.
*. Pre-Contract Agreement: The document they've provided is not enough to prove their claim.
*. Breach of Regulations:
- Data Protection Act *: They haven't proven they can legally use your data.
- FCA Regulations: Their debt collection practices are causing you distress.
- Consumer Credit Act *: They haven't provided valid proof of the original agreement.
*. Your Demands:
- Stop debt collection activities.
- Remove your personal details.
- Correct your credit report.
- Pay damages of £*.* or settle for £* if they comply within 7 days.
*. Legal Remedies: If they don’t comply, you can seek compensation for distress and legal costs.
Would you like any more details?
*. Deed of Assignment: Lantern must provide this document to prove they legally own your debt. They haven't done so.
*. Pre-Contract Agreement: The document they've provided is not enough to prove their claim.
*. Breach of Regulations:
- Data Protection Act *: They haven't proven they can legally use your data.
- FCA Regulations: Their debt collection practices are causing you distress.
- Consumer Credit Act *: They haven't provided valid proof of the original agreement.
*. Your Demands:
- Stop debt collection activities.
- Remove your personal details.
- Correct your credit report.
- Pay damages of £*.* or settle for £* if they comply within 7 days.
*. Legal Remedies: If they don’t comply, you can seek compensation for distress and legal costs.
Would you like any more details?
Should I also complain to the fca
Yes, you should consider filing a complaint with the Financial Conduct Authority (FCA). This can help strengthen your case by highlighting the regulatory breaches to the relevant authority. The FCA can investigate if Lantern Debt Recovery Services Ltd has violated any regulations.
Would you like information on how to file a complaint with the FCA?
Would you like information on how to file a complaint with the FCA?
yes please
You can file a complaint with the FCA online or by phone. Here are the steps:
*. Gather Evidence: Collect all relevant documents, including your communications with Lantern and evidence of their breaches.
*. File Online:
- Visit: [FCA Complaints](https://www.fca.org.uk/consumers/how-complain)
- Follow the instructions to submit your complaint.
*. By Phone:
- Call the FCA Consumer Helpline: * * *
Would you like any more assistance?
*. Gather Evidence: Collect all relevant documents, including your communications with Lantern and evidence of their breaches.
*. File Online:
- Visit: [FCA Complaints](https://www.fca.org.uk/consumers/how-complain)
- Follow the instructions to submit your complaint.
*. By Phone:
- Call the FCA Consumer Helpline: * * *
Would you like any more assistance?
Can you on behalf of me write me a complaint to the FCA ensuring that it’s watertight and with a strong chance of winning
Sure, here's a draft complaint to the FCA:
---
Date: [Insert Today's Date]
Subject: Complaint Against Lantern Debt Recovery Services Ltd
Dear Sir/Madam,
I am writing to formally lodge a complaint against Lantern Debt Recovery Services Ltd for breaches of regulations under the Data Protection Act *, Financial Conduct Authority (FCA) regulations, and the Consumer Credit Act *.
Details of Complaint:
*. Data Protection Act *:
- Lantern has failed to provide a deed of assignment despite multiple requests, thus not proving their legal right to my data.
- They have reported inaccurate personal data to Credit Reference Agencies, adversely affecting my credit rating.
*. FCA Regulations:
- Lantern's debt collection practices have caused significant alarm and distress without valid claims.
- Their communication has been misleading and evasive, particularly regarding the deed of assignment.
*. Consumer Credit Act *:
- Lantern has not provided valid proof of the original credit agreement, only presenting a pre-contract agreement which is insufficient.
Impact:
- Substantial damage to my credit rating.
- Significant distress andinconvenience.
Previous Communication:
- Despite my Data Subject Access Request and subsequent communications, Lantern has failed to address the issues adequately. They have refused to provide the necessary documentation and have continued to report inaccurate information to credit agencies.
Resolution Sought:
- An investigation into Lantern Debt Recovery Services Ltd's practices.
- Enforcement of compliance with relevant regulations.
- Rectification of inaccuracies in my credit report.
- Assurance that such breaches will not occur in the future.
Please find attached copies of relevant communications and evidence supporting my complaint.
Thank you for your attention to this matter.
Yours sincerely,
[Your Name]
[Your Contact Information]
---
Would you like any further assistance?
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Legal Breaches:
- Data Protection Act *:
- Failure to provide legal rights to my data.
- Refusal to provide a deed of assignment.
- Inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations:
- Unfair debt collection practices.
-Causing alarm and distress without valid claim.
- Consumer Credit Act *:
- Failure to provide valid evidence of original credit agreement.
Claims:
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rights to such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." Relevant case law includes:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported this alleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be processed lawfully, fairly, and transparently; collected for specified, legitimate purposes; adequate, relevant, and
---
Financial Conduct Authority (FCA)
Date: [Insert Today's Date]
Subject: Complaint Against Lantern Debt Recovery Services Ltd
Dear Sir/Madam,
I am writing to formally lodge a complaint against Lantern Debt Recovery Services Ltd for breaches of regulations under the Data Protection Act *, Financial Conduct Authority (FCA) regulations, and the Consumer Credit Act *.
Details of Complaint:
*. Data Protection Act *:
- Lantern has failed to provide a deed of assignment despite multiple requests, thus not proving their legal right to my data.
- They have reported inaccurate personal data to Credit Reference Agencies, adversely affecting my credit rating.
*. FCA Regulations:
- Lantern's debt collection practices have caused significant alarm and distress without valid claims.
- Their communication has been misleading and evasive, particularly regarding the deed of assignment.
*. Consumer Credit Act *:
- Lantern has not provided valid proof of the original credit agreement, only presenting a pre-contract agreement which is insufficient.
Impact:
- Substantial damage to my credit rating.
- Significant distress andinconvenience.
Previous Communication:
- Despite my Data Subject Access Request and subsequent communications, Lantern has failed to address the issues adequately. They have refused to provide the necessary documentation and have continued to report inaccurate information to credit agencies.
Resolution Sought:
- An investigation into Lantern Debt Recovery Services Ltd's practices.
- Enforcement of compliance with relevant regulations.
- Rectification of inaccuracies in my credit report.
- Assurance that such breaches will not occur in the future.
Please find attached copies of relevant communications and evidence supporting my complaint.
Thank you for your attention to this matter.
Yours sincerely,
[Your Name]
[Your Contact Information]
---
Would you like any further assistance?
Can I still report them to the FCA if I am also pursuing legal action?
Yes, you can still report them to the FCA while pursuing legal action. The FCA can investigate regulatory breaches independently, and your legal action focuses on obtaining damages and resolution for your personal situation. Reporting to the FCA can also strengthen your legal case.
Would you like any more assistance with your legal action or the FCA complaint?
Would you like any more assistance with your legal action or the FCA complaint?
Could you build me a case bundle?
Certainly! Here's a structured case bundle for your situation:
---
- Briefly summarize the purpose of the bundle and the key points of your case.
- State your intentions of pursuing both legal action and an FCA complaint.
*. Letter Before Claim---
Case Bundle: Complaint Against Lantern Debt Recovery Services Ltd
*. Cover Letter- Briefly summarize the purpose of the bundle and the key points of your case.
- State your intentions of pursuing both legal action and an FCA complaint.
Lantern Debt Recovery Services Ltd
Protection House
* Bradford Road
West Yorkshire
LS28 6AT
*/*/*
Letter Before Claim
Re: M8236093
Dear Lantern,
I formally request that you cease all collections activity on the above-named account and remove any personal details you hold. As previously advised, I will bring a claim against you for breaching the Data Protection Act *, Financial Conduct Authority regulations, and Consumer Credit Act *.
Legal Breaches:
- Data Protection Act *:
- Failure to provide legal rights to my data.
- Refusal to provide a deed of assignment.
- Inaccuracies in personal data reporting.
- Financial Conduct Authority (FCA) Regulations:
- Unfair debt collection practices.
-Causing alarm and distress without valid claim.
- Consumer Credit Act *:
- Failure to provide valid evidence of original credit agreement.
Claims:
Despite my Data Subject Access Request, you have failed to provide sufficient evidence to prove you have legal rights to my data or any rights to such claims. I requested a deed of assignment, which you refused to provide, citing it as "commercially sensitive." Relevant case law includes:
*. Van Lynn Developments Ltd v Pelias Construction Co Ltd (*): Necessitates providing notice of assignment to the debtor.
*. W F Harrison & Co Ltd v Burke (*): Highlights the importance of the deed of assignment in proving the creditor's right to collect the debt.
You have reported this alleged debt to my credit file as missed payments, causing substantial damage to my credit rating and financial well-being. When I demanded you remove this from my credit report, you responded that you would update my record with the Credit Reference Agency, showing this account as defaulted in the next 90 days.
Under Article *(*) of the GDPR, personal data must be processed lawfully, fairly, and transparently; collected for specified, legitimate purposes; adequate, relevant, and
Do you remember me if I come back?
Yes, this conversation is recorded. If you prefer, I can delete this conversation upon your request.
Is there anything specific you'd like to add or modify in your case bundle, or do you need further assistance on any particular point?
Is there anything specific you'd like to add or modify in your case bundle, or do you need further assistance on any particular point?
How long do I have before this conversation is not recorded?
This conversation is recorded and will remain so unless you request its deletion. If you prefer, I can delete this conversation immediately. Would you like me to proceed with that?
No, I would just like to get things in motion and come back here in a few days with any further questions
That sounds like a good plan! Feel free to return anytime with any further questions or for additional assistance. Good luck with your case.
Where is my conversations recorded to come back to on this chat?
Your conversations are recorded and stored on this chat platform. You can return to this chat anytime to access your previous conversations. If you have any more questions or need further assistance, feel free to come back. Good luck with your case!
Thank you
You're welcome! If you have any further questions or need more assistance, don't hesitate to return. Good luck with everything, and take care!
Oh one last thing, can yoy email the fca with a complaint?
I'm sorry, but I can't directly email the FCA on your behalf. However, I can guide you on how to file your complaint with the FCA.
You can file a complaint with the FCA online or by phone. Here are the steps:
*. Gather Evidence: Collect all relevant documents, including your communications with Lantern and evidence of their breaches.
*. File Online:
- Visit: [FCA Complaints](https://www.fca.org.uk/consumers/how-complain).
- Follow the instructions to submit your complaint.
*. By Phone:
- Call the FCA Consumer Helpline: * * *.
Would you like any more assistance?
You can file a complaint with the FCA online or by phone. Here are the steps:
*. Gather Evidence: Collect all relevant documents, including your communications with Lantern and evidence of their breaches.
*. File Online:
- Visit: [FCA Complaints](https://www.fca.org.uk/consumers/how-complain).
- Follow the instructions to submit your complaint.
*. By Phone:
- Call the FCA Consumer Helpline: * * *.
Would you like any more assistance?
Is it the financial ombudsman or the fca I need to report them to?
You can report the issue to both the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS). The FCA regulates firms and can investigate regulatory breaches, while the FOS resolves disputes between consumers and financial firms.
*. FCA: For reporting regulatory breaches.
*. FOS: For resolving disputes and seeking compensation.
Would you like information on how to file a complaint with the Financial Ombudsman Service?
*. FCA: For reporting regulatory breaches.
*. FOS: For resolving disputes and seeking compensation.
Would you like information on how to file a complaint with the Financial Ombudsman Service?
How lont
It looks like your message got cut off. If you need further assistance, please let me know. Here’s how you can file a complaint with the Financial Ombudsman Service (FOS):
*. Gather Evidence: Collect all relevant documents and communications with Lantern.
*. Contact FOS:
- Online: Visit the [FOS Complaint Page](https://www.financial-ombudsman.org.uk/consumers/how-to-complain) and follow the instructions.
- By Phone: Call the Ombudsman on * * *.
Would you like help with anything else?
*. Gather Evidence: Collect all relevant documents and communications with Lantern.
*. Contact FOS:
- Online: Visit the [FOS Complaint Page](https://www.financial-ombudsman.org.uk/consumers/how-to-complain) and follow the instructions.
- By Phone: Call the Ombudsman on * * *.
Would you like help with anything else?
How long do I have when I issue a LBC
In the UK, when you issue a Letter Before Claim (LBC), you typically need to allow the recipient a reasonable amount of time to respond before proceeding with court action. Generally, this is:
- 14 days for straightforward cases.
- Up to 30 days for more complex cases.
Would you like further information on what to include in your LBC or steps to take if they do not respond?
- 14 days for straightforward cases.
- Up to 30 days for more complex cases.
Would you like further information on what to include in your LBC or steps to take if they do not respond?
Can 7 days be a reasonable timeframe when they have already been informed 7 days prior that potential action may occur
While 14 days is usually recommended, if you have already provided prior notice and the matter is straightforward, 7 days could be considered reasonable. Ensure your request for a shorter deadline is clearly justified in your letter.
Would you like any further assistance with your legal matter or modifications to your LBC?
Would you like any further assistance with your legal matter or modifications to your LBC?
Do I legally have to give 14 days before issuing a court claim
Case Rating: *
In the UK, while the general recommendation is to give 14 days notice with a Letter Before Claim, there isn't a strict legal requirement to do so. If you have already given prior notice and the case is straightforward, then giving 7 days can be reasonable. Just ensure that your reasons for the shorter deadline are clearly stated in your letter.
Would you like any further assistance with your legal matter or modifications to your LBC?
In the UK, while the general recommendation is to give 14 days notice with a Letter Before Claim, there isn't a strict legal requirement to do so. If you have already given prior notice and the case is straightforward, then giving 7 days can be reasonable. Just ensure that your reasons for the shorter deadline are clearly stated in your letter.
Would you like any further assistance with your legal matter or modifications to your LBC?
Can I issue a claim before hand if I know I have to apply for help with fees
Yes, you can issue a claim before applying for help with fees. When you submit your claim to the court, you can also apply for a fee remission or reduction based on your financial circumstances. The process involves:
*. Submitting the Claim: File your claim with the court.
*. Applying for Help with Fees: Complete the EX160 form to apply for a fee reduction or waiver.
Would you like more details on how to apply for help with fees or assistance with completing the forms?
*. Submitting the Claim: File your claim with the court.
*. Applying for Help with Fees: Complete the EX160 form to apply for a fee reduction or waiver.
Would you like more details on how to apply for help with fees or assistance with completing the forms?
Does an agreement have to be signed in wet ink or is digital sufficient
In the UK, both wet ink signatures and electronic signatures can be legally binding, depending on the type of agreement and specific legal requirements. Here are the key points:
- Electronic Signatures: Generally valid for most types of agreements under the Electronic Communications Act *.
- Wet Ink Signatures: Required for certain documents, like deeds, which may need witnessing.
Would you like further details on a specific type of agreement?
- Electronic Signatures: Generally valid for most types of agreements under the Electronic Communications Act *.
- Wet Ink Signatures: Required for certain documents, like deeds, which may need witnessing.
Would you like further details on a specific type of agreement?
I didn’t electronically sign the company did
In the UK, an agreement can be legally binding with an electronic signature. However, it is crucial to ensure that the electronic signature is properly authenticated and meets the requirements of the Electronic Communications Act *. If the company only provided their electronic signature and you did not sign electronically or with a wet ink signature, you may have grounds to dispute the validity of the agreement.
To better understand the situation:
- Did the company provide any proof of your consent to the electronic signature?
- Were you informed and did you agree to the use of electronic signatures?
These details can help determine the strength of your case.
To better understand the situation:
- Did the company provide any proof of your consent to the electronic signature?
- Were you informed and did you agree to the use of electronic signatures?
These details can help determine the strength of your case.
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