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  1. Hi again all. Alphera finance have put a default on my credit account, firstly for £2054, then amended to £900 The only thing I have ever had with them is a car that was on hire purchase, which i handed back under the "halves and thirds rules" as i had paid more than half the total amount payable. this was all done in writing and the car collected. A few months ago i found the default, i wrote to them over 60 days ago with an SAR request, which they cashed the cheque for £10. I have heard nothing. I spoke to them and they asked why i wanted the information and what i wanted!I explained i wanted every document, every letter both sent and received etc. Still nothing, the default is still showing and i need it removing. I dont owe this at all. Any advice on my next step?
  2. I realised a default placed by t-mobile on my credit file after which i wrote to them for a copy of my agreement. When the first letter was sent, in response the wrote the following: "I refer to the information you requested and confirm that the service agreement you have entered into with T-Mobile is regarded as "exempt" under the provisions of the consumer credit act 1974 and as such we are not required to file a default notice prior to termination of the service agreement. For the receipt of any correspondence and copy of agreements you can contact our customer relations tem" As I did not have a clue what the above meant in plain english, I wrote to them again for an explenation of the above and the agreement to which they responded with the following: "No signed contract can be supplied as you connected with us direct and a copy of our terms and conditions, and a distance selling regulation letter were sent with your phone. This gave you seven working days to return the equipment to us if you were unhappy with anything. Our T&C advise that we do not need to provide you with the documentation you have requested and a copy of this can be found on our website. Now I am really confused on what to do. How can I challenge this default? with the above agreement, dont they have to send a default notice prior to placing this on my credit file? Can I make a request under the data protection act to see all my details and payment statements? is there anyway that I can get the default removed?
  3. hi My wife is 1 of the executors of her dads estate along with her mum and sister. Her dad despite having lived with her mum for many years only married her in 2002 for as he and her mum put it iht and pension reasons. He transferred some money to her mums account at that time and setup a mirrored discretionary trust will at that time for tax management purposes. Her mum has always been upset that her dad has always made clear his savings including those transfered into an account in her name to avoid iht were to be distributed to his children on his death. His wifes need should be considered yes, but she was left is decent pension and his house andsome other savings. My father in law had parkinsons and his wife started insisting he was no longer capable of conducting his own affairs 2 yeears or so ago. She therefore started an LPA process. However this was taking to long so she forced my father inlaw into his bank inhis frail and somewhat confused state and had him close his savings account and add her to his other bank account. She told the rest of the family she had to do that as he was so confused now and she needed to be on his accounts to help him manage his financial affairs. On doing this she then immediately transferred all of his money into her own account. Following my father in laws death earlier this year she has claimed he never had any savings and that my wife and her sister are entiteld to see non of my father in laws or her financial affairs. She has never had her own money it was all his. Despite HMRC telling us they regard all the money as his for estate purposes she insists that my wife even as one of his executors needs to see nothing and can simply accept a letter from her mum stating his estate was tiny? So, can we do a SAR to his solicitors firm, accountants and bank on his behalf? We have his diary in which he has written he was forced into the bank. We have letter from his accountants that states he was advised for iht purposes to split his assetts. Her mum freely admits he left them his savings but on his death they were only 3k. She had prior knowledge of his intentions and sort to bypass them. she took advantage of her position. She has now said go get a lawyer - knowing we can't afford one. They will tell you your legal position and it is fixed. In fact she wants us all to sit infront of her solicitor now to have her tell us we are scewed. We don't want to sit infront of her lawyer paid to defend her position. pointless. Where is her duty of fudiaciary care? She was meant to be helping him not fleecing him. He even tried to call the police once or twice it now turns out to report her for stealing his money. Her mum tells us this somewhat incriminating stories because she is so cock shore of her position I guess. Any and all help appreciated. Sorry for long post. There are far more details we could add. Big Merv
  4. Hi all, Long time lurker, who is in need of a little help. Long story short, I sent a SAR to Capital One last week, and today received a letter from them, which says; 'Unfortunately I'm unable to provide any information about your account, (sic) As you have provided us with £10.00 fee, I have organised for a refund of £10.00 to be sent to you.' Now, I'm at a bit of a loss here; are they refusing to divulge any information, or are they saying there is no information to divulge? Can anybody shed any light on the situation? All help gratefully received.
  5. I have paid off a debt firstly with Barclaycard and then a few years later Lowells got in touch and said there was an outstanding amount still, I (stupidly) agreed to pay this off as well, I did this over three months last year. If only I had known what I know now having read these forums I would have put up more of a fight. The account is satisfied, as per a letter from Lowells received today after I queried it, but is still showing as defaulting they say that as it has a defaulted history they cannot mark it as satisfied...is this true? If so why are some of my old overdraft debts marked as satisfied, with a date of default also on it as well. This is all on Experian which is the one that Lowells say they use. Also can I reclaim charges added to this account even though I have settled it? I don't mind if I can't put will attempt it if I can!! Thanks to all you beautiful CAGGERS! x
  6. Hi There i am doing a SAR for a relative. they are looking at the Bank of Scotland for PPI. Here is the letter i am helping them with for their sar, is tihs correct what do i need to change. thanks in advance. Bank of Scotland PO Box 761, Leeds LS1 9JF Data Protection Act 1998 Subject Access Request Dear Sir/Madam, Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. Any original signed executed credit agreements and any terms and conditions that applied to any account at the time that account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company. 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. 4. Documents relating to any insurance added to any account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 5. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 6. Specific details of the fees/charges levied by any other agency in respect of an account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 9. Copies of statements for the entire duration of the credit agreement(s). I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.
  7. Hi Forum People, Just to clarify, can i send a letter to welcome along with my sar stating that i want my interest frozen and that i would like to pay a token £1 each month instead of my full loan agreement as i strongly believe i have been mis sold, lied to and totally b/s'd by these people while i investigate? oh and whats the stance on welcomes :- lifecare 24 to add aswell i will be uploading the statements i have recieved if any one would be kind enough to have a look cheers I hate welcome with a passion!!!
  8. Hello, i was wondering if i could get some advice, my daughter owes K& CO money and she has not paid since she lost her job a few month ago, she was owing round about £600, now she has had a letter from Lowell Portfolio 1 Ltd, saying they have bought the debt and she owes £908, what is the best way to deal with this, she was not in arrears or anything and paid regular until she lost her job but what should she offer payment wise, she does not have much money just now, i have read lots of topics and do not think asking for the CCA would do any good , but i just do not know what would be a reasonable offer, thank you.
  9. Hi all I am pursuing quite a few PPI / SAR claims for myself and wife which is not easy as you all know. This is on behalf of the wife----I asked LLoyds TSB for a SAR in Jan 2013 after a load of letters etc etc etc I finally recently recieved a SAR pac. All info relating to PPI is missing and some information blacked out?? What are they playing at, has anyone else experienced this? My wife had several financial products with this bank going back years and did actually try to claim years ago when she was out of work, she was selfemployed at the time and they told her the PPI was not relevant to her, but no sign of this is the SAR they sent back?? What should I do, HELP? Cheers Stuart
  10. I've SAR'd RBS as during the 1990s I had an RBS credit card, and since 1988 until now I've had a Natwest account. I received what they say is everything today. A list of screen prints listing my account details, and a short list of screen notes. And a list of 2 loan accounts I had with them which contained PPI. RBS sent a letter stating they can't find anything. Is this normally what is expected of them? Although the SAR 40 day limit is next Tuesday, I've called them and they say that's it. Surely there's a list of transactions, lots more notes (it's my main current account) and a considerable amount of data available? The stack of information I had from Capital One was 3 times as thick, and that only contained 3 years worth of information. Also, I know I had a loan account with Natwest in 1990/1991. I don't have details of it, apart from an approximate date and the amount of the loan. I was advised by my local branch that they still hold information on this account from 1990, but the SAR didn't go back this far. If they are still not able to locate this, can I estimate this based on the knowledge that I knew the loan amount, and suggest a reasonable PPI amount based on data available at the time? My SAR request contained the line suggested by DX in order to get them to deliver all types of information in whatever format, so I'm hoping that means I can demand information from a 'relevant filing system'. Does this mean I can get them to search microfiche or other data that may be held at a branch level? Regarding the RBS card account, how far back have people been able to get them to retrieve data from? I suspect they just don't want to search, but if it's a general rule that RBS don't have data from back then, I'll have to use the limited statement data I do have and estimate the amounts. A bit more information on this. Along with the limited information that RBS supplied, I also received a note advising of the loans that they could find. These were from 2002 and 1994, and gave the original loan amount along with the PPI amount. This also had contact details for NatWest's PPI complaint department. I called them to enquire as I was sure there was another loan. Just a 2 minute search by them, and I had the dates and details of a loan I took out in 1990 and paid off in 1994. They advised no PPI was on the loan, but what confuses me is the odd amount I apparently drew on the loan. The requested amount was £3136. I'm fairly sure that I would have taken out a round amount, £2500 or £2800 rings a bell. This seems to fit in with the other loan amounts, the amount drawn on these loans are a round amount. After a couple of other calls to other departments, it was advised to me that their Customer Lending Centre has an archive of old loan agreements going back 25+ years, and a letter to them should give me my agreements. I'm now waiting for this. The RBS MasterCard included a list of transactions going back to about 2001. Very conveniently for them they can't see any record of PPI being on the account - had they gone back just one statement from what they supplied PPI was charged prior to this. Has anybody had experience of RBS supplying older data than this? Although the SAR expired on Tuesday, I'm giving them a further week before I send the failed SAR letter. However, I'd like to be prepared for this. No doubt a number of people on here have had cause to SAR RBS. Do they normally provide a list of transactions and considerable more data than just a few screen prints of the account settings and a short selected summary of a few phone calls? I didn't specifically ask for a particular item. I used the SAR template letter on here along with DX's suggested modified line asking for everything.
  11. Hi guys been dealing with the Moorcroft clowns ref my wifes old Barclaycard balance since January now. They have never sent a CCA as requested and Barclaycard will not/cannot supply a SAR. I replied saying when Barclaycard come up with a SAR so we can claim charges & PPI then I might think about entertaining their demands. The SAR was sent to them recorded post 3 months ago. Today shes had a letter from Moorcroft saying that BC are unable to supply a CCA but the balance still remains payable. Also that the ICO confirms that she is not obliged to repay in accordance with the CC Act, it doesnt mean there was no agreement...she will continue to be reported waffle waffle So....my opinion is to ignore and bin any further letters...??? thanks
  12. I dont know what exactly i should do. QuickQuid was not reporting to the CRA correctly in whch I raised disputes and got in touch with both QQ and noddle. After a month of fighting, It seemed the QQ had finally sorted it and was up to date and had the right information( account balance, account status) until i received my new report just yesterday. NOW even though my account with QQ is very much open and active, the CRA have informed me the account is closed and ' settled' Even yesterday a manager at QQ confirmed my account was open and emailed me to say that too... Other than raise disputes AGAIN and have sent emails to this manager asking for an explanation, what else can I do? Any ideas anyone?
  13. Following on from my CIFAS SAR balls-up here: http://www.consumeractiongroup.co.uk/forum/showthread.php?391735-CIFAS-query-wrong-name Synectics have followed suit in a way. I sent my SAR and they sent back a cover letter which said 'the records we hold are enclosed' but nothing was enclosed. I phoned up to ask, and they phoned me back and said 'its ok, we found them in a drawer'. Surely this isn't OK? I'm going to complain because the idea of data held about me by a company I've only heard of in the last month (and data with contents that I am completely unaware of) sat in someone's drawer rather than being in my recorded envelope really p****s me off! I'm getting properly fed up with shady companies messing round with my information! I'm sick to death of being lied to by employees that either don't know better or are brainwashed into believing they're acting in the best interests of the business world!
  14. I'm dealing with my elderly parents' debt troubles and have a complaint currently with the FOS in respect of the above credit card. In the meantime we sent a SAR in April to see what charges and increases to credit limits/ rates etc had been applied to the above account. We did not receive a reply to the SAR but when we queried it a letter we have now had a letter stating that a DSAR was issued in April "please accept my apologies if this was not received. I have enclosed a copy of the report" The information they have sent is a copy application signed but completed in unknown handwriting with an inflated income figure (presumably to ensure a card could be issued). The page of terms and conditions are too small to read even with glasses and magnifying glass! There is one page of abbreviated notes in the form of a "word" document There is a list of transactions from the account opening but it ends in 2010. On 15th of each month since October 2006 there are two separate amounts noted as "Interest charge" I'm not clear why there are 2 separate amounts on the same date each time and I have no transaction records for the past 3 years. Please could someone advise what I should do next?
  15. I hope this is the correct place for my query, however I couldn't find a specific Credit Card section so did a search on "Aqua" which led to existing posts here ... ************* I am amazed by the brainless incompetence of Aqua. I am unable to keep up my credit card payments, and in October notified Aqua accordingly and asked for the appropriate claim form in order to activate my PPI. In the absence of a response I have written repeating that notification and the request, but still have not had claim paperwork. In that time my account has missed two payments so is further in arrear now, which could have been avoided had I been able to claim when originally intended. I have also received chase letters, to all of which I have responded pointing out that I have been trying to take proper steps for weeks and been prevented from doing so by their apparent inefficiency. At different points in this time I have been written-to by Matthew Ball, Senior Collections Manager, by K Stafford, Head of Collections and Recoveries, and by Charlotte Gurnell, Senior Operations Manager, referencing my overdue account. I have written immediately to each pointing out that I have been endeavouring to be able to invoke my PPI to stabilise matters, and that I was still waiting for Aqua to make any move whatsoever. Each time I requested their personal intervention to move things along. The only response I have had is standard letter offering to make a repayment arrangement. Laughably, that letter also stated that I might not realise that I have PPI on the account so I might want to consider making a claim! Last evening I wrote letters following-up my personal letters to messrs Ball, Stafford and Gurnell, pointing out that in five weeks I still had not had the claim forms, nor even the courtesy of an acknowledgement of any past correspondence including my replies to them. I requested immediate action before their collection processes geared-up a level because nobody was taking steps to stabilise matters. These letters were posted first thing this morning by recorded delivery, something I have had to do for a while since being told that "we have no record of receiving them so the Post Office must be to blame not us" And now, a couple of hours later, I have received a letter advising that an Aqua "representative" is visiting on Monday! No doubt he/she is calling to obtain either payment of the arrear or to go through the motions of setting up a payment plan, entirely unaware of all of the above because nobody has ever done a single thing in response to my initial perfectly reasonable and proper steps when becoming unable to continue. I have very limited time to take steps now because of being right up against the weekend and the visit is booked for Monday ... But I am not at all confident that any step I might take would actually get further than yet another brick wall anyway! ... were I to follow-up today with contacting any of those senior people again to have them cancel the visit and get my PPI claim rolling at last, I have very little expectation that anything would actually be done or get down the chain of command to where it would be needed in time for Monday anyway. So firstly I want to know how I can have them cancel their visit?! It is actually no problem just to be out all day, however that isn't really sensible plus wouldn't achieve any progress where it matters and would presumably only result in repeated visits at varying hours until successful anyway. And of course I want to get my PPI going still! I need a claim form etc from Aqua but despite now a total of eight letters to four different people across five weeks, mostly by recorded delivery - only one of which has had any reply at all - they have not yet provided anything enabling things to move along. At a push I could actually get enough together to pay the outstanding arrear if that would cancel the visit and allow a few weeks til the next payment falls due for the PPI arrangements to hopefully get taken care of. However, firstly I'd rather not, and secondly I shouldn't have to anyway because if they had responded when I first asked, PPI would have kicked-in and the arrears wouldn't have arisen! But if it is the lesser of two evils I would be willing to do it. So please can anyone advise with regard to halting the visit on Monday with only the rest of this afternoon plus tomorrow to act? Also, does anyone know of a route in to someone in authority at Aqua who can actually be contacted and has the ability to get off their bum and call off the dogs and also get the claim form sent to me? A simple step I had assumed five weeks ago! Howard
  16. First of all, apologies as there is another thread in the Legal Issues forum relating to this. But I wanted to start a new thread specifically to get some feedback on this SAR response from Barclays on an old Egg card. Am currently going through the process of defending a county court claim from Marlin Europe on an old Egg card on the grounds that I placed the account in dispute in 2009 with another DCA (Capquest) who then dropped it. Long story short, I sent Barclays a Subject Access Request and received their reply the other day. This is what they sent. Can anyone advise if they have a proper case against me and why the balance has been showing as £0.00 since Dec 2011?? I assumed that they would have sent me the original credit agreement, all statements detailing transactions, payments, default notices, transfer to DCA's etc etc etc. Well here is what I got.....:- 1. A covering letter which says they have enclosed "copies of information held by Barclaycard" 2. Some info and some jargon busting pages with general info on Credit Scoring, My right to appeal etc. 3. A kind of Glossary of Abreviations and what they all mean, looks pretty standard. 4. Barclaycard Copy Apps - this is a few pages of info like my address, my employer, my salary, my bank details etc that I must have given Egg when I originally applied for the card in 2002 but this is NOT a credit agreement. Just a print off of some info I have given them. 5. Barclaycard Migrated Memos :- A sheet that says "Memo List and Detail" and then gives my name and a credit card number, again - not my number. Then a single line that says "05/11/11 4 CUSTOMER SIGNED UP FOR SMS OR EMAIL ALERTS" and that's it. 6. Finally, and this is where it gets interesting. A bunch of "Copy Statements" from 2nd December 2011 to 2nd May 2013. The first one says the following:- ================================================ CLOSING BALANCE OF LAST STATEMENT 7043.00 CHRGOFF PRCH PRIN BALM, 04 Nov 7043.00 TOTAL OF NEW TRANSACTIONS 7043.00CR ================================================ Then, every other statement for every month until May 13 says this:- ================================================ Present Balance £0.00 Credit Limit £0.00 Minimum payment due £0.00 Purchase interest 1.356% CLOSING BALANCE OF LAST STATEMENT 0.00 TOTAL OF NEW TRANSACTIONS 0.00 ================================================
  17. I have a few questions for those who know about or have dealt with National Hunter.... Is it possible to send an SAR to National Hunter? do i send it to their PO Box in Stoke, or the Manchester address on the ICO Data controllers address? Also, if i can SAR them, do i mark postal order payable to N Hunter LTD or National Hunter.... Has anybody sent them a SAR? How much paperwork am i to expect, and what am i to expect?
  18. Hi all I am just trying to get my SAR... with no hope I have had knock backs and excuses from other banks but persevered and finally got my SAR's but with Satan’s bank this is proving more difficult, I am just getting standard knock back after knock back, passed form dept. to dept. I feel like giving up with this one.....?? I have also asked for the underwrites and just been ignored. This is chasing a car loan from Foods of Windsford 1996 GE were the finance house, I know it had PPI I remember the salesman telling me I wouldn't get the car if i didn't take the PPI I was in my early 20's and he took advantage, any ideas anyone???
  19. Hi All, I made an agreement in May 2012 with BC to reduce my payments and to stop interest charges on my CC for a year as I was in real difficulties! They have for there part kept to the agreement as have I. I did ask intially when I wrote to them to reduce the balance owed with any charges that had been applied to the account over the years! Needless to say they ignored the part in my letter about the charges and to be fair at the time I was so overcome with joy with the fact that I had managed to arrange this agreement that I forgot to chase them up about the charges. I have had the card since 1994 and I'm more than certain that there have been lots of charges on it over the years! In fact one of the main reasons I have had so many loans over the years was in the main to get the funds to pay of the balance owed on this card...lol Having read Shelley's post on BC and realising that if I wanted to take the charges issue any further I would need the paperwork to back up any claim, I sent BC a SAR using a template from the CAG library. That was on 6 June 2012, unfortunately BC have decided to play letter tennis with me ever since and have after my third request managed to send data that covers only the last 8 years! I found a recent post from a member of the site team giving the email address of the manager of the Privacy and Data Protection department at BC. Unfortunately for me after sending an email I found out that Natalie Page (The Manager) is currently on maternity leave until further notice. So far I have sent 3 SAR requests to BC and the last request was a LBA and I'm prepared to back this up with Court action if needs be! My main concern is that even though I'm still a customer that they will not give me the data despite the ICO's findings that BC's Microfiche System holds data going back years and that it is a relevent system under the DPA! I have already found to my cost that I will need to stop one Court case for failure to comply with a SAR (HFC) as I can not find any case law to back me up and to be totally honest I don't want to make the same mistake again! Is this BC failure to comply with the DPA worth taking to court in this instance? Any advice please? BP
  20. Hi all, I'm having a bit of a battle with Santander over a number of accounts I've held over many years under their various guises. I've got a Santander current account that I've only had for a few months, an A&L Cashplus account I've had since the mid 1990s (but not accessed for a few years), and a number of various store cards with different companies that have ultimately been taken over by Satan's bank. I put in a SAR about 3 months ago. Santander sent an illegible copy of some T&Cs and a poorly scanned copy of the agreement for one storecard, and a good copy of another agreement but T&Cs that were clearly out of date (it's a Burton account from the early 1990s but Santander are listed as the bank, not 1st Personal Bank who owned it at the time). I let them know on expiry that they'd not supplied sufficient data and that they were in breach of my SAR as they'd not complied in time. Today I got another letter back, with just one agreement (the same one they sent last time) and another copy of the Santander T&Cs. Nothing regarding the accounts that are still open, however they've advised me that they've passed my request onto the banking department. They've stated that there is not a legal requirement to retain data over 6 years, however I've not hinted at this. I believe in one of my replies I stated that they are to supply ALL data they hold on me, but it seems that they've decided that they can interpret this to only supplying data within the 6 years. However, I have them on this as nothing has been sent regarding my Santander current account. I note on here and on MSE Santander normally end up sending the missing data once they get court papers, one of my work colleagues being one of them. I was wondering if anyone who has had success with them could advise how far back they hold data for. I've got a feeling they're using the 6 year advice to get out of supplying any data that would ultimately cost them. Alternatively is it better to send a SAR to Genworth, as it appears that in PPI cases they've been the ones to pay out?
  21. Hi all, just a bit of advice needed regarding the information (or lack of!) my building society sent when answering my SAR. They included every bit of information about accounts I've had, loans etc but, at the end, they put in one sentence they do hold information relating to ppi and give the policy number...and thats it! I wrote back and asked for all the info relating to this policy and they have sent me the FOS questionaire to fill in, but no info regarding the ppi policy. I'm pretty sure the ppi is related to the mortgage I used to have with them, and statements they've sent show an insurance premium added every year to the mortgage I'm not sure whether to fill the questonaire in or write to them again asking for the info and give them 7 days to send it, as its been well over 40 days since they had my SAR. Very grateful for any advice on which way to go!
  22. First my apologies if this is in the wrong Forum, as it is to do with the Communication Ombudsman this one seemed appropriate. OK, this is quite a long problems that I am going to try to summarise so my apologies if I haven’t included everything I needed and please ask questions if you need more information. BackgroundAround 3 years ago I had a problem with Three in which they broke the terms of my contract, they also stole £30 from my bank account after the contract was cancelled. Three refused to allow me to make a complaint and so I took the matter to the Ombudsman. I provided proof of the theft of the £30 by providing my bank statements that showed the money going out and never coming back in. I showed details of how Three had failed to uphold their end of the contract and I showed my repeated attempts to complain to Three and how I never got a reply. My case After waiting over a year for the Ombudsman to rule on the case I was informed that they were finding in favour of Three on all claims, I asked for a review as I knew for a fact that Three were in the wrong, I waited another month and was told that after the review they were still siding with Three, but that I had the option to take the matter to court if I wished. I suspected at this point that my case had not been investigated properly – since simple matters like the theft of £30 from my account had been found in Threes favour. I decided that I would take the matter to court but realised that without proof that the matter was not investigated that Three could simply claim that the Ombudsman had already ruled on this matter and I would likely lose the case. To this end I requested a SAR report from the Ombudsman – to which they informed me I could only make payment via cheque which I was unhappy about but I sent them a cheque immediately. This was in August 2012. Where the problems began The required 40 days passed and I still had not received my SAR report, I contacted the Ombudsman again and they claimed to have never received the cheque. I sent a second cheque which they also claimed not to have received, I sent a third cheque, this time via recorded delivery – and this time I got a reply to my letter but still no SARS report, they claimed not to have received a cheque again. Now in February 2013, and having waited 7 months for a SAR report I decided to take the matter to the ICO ICO ruling number 1 The ICO ruled that they could not say for a fact that the Ombudsman had received the cheque, and thus could not uphold my complaint. They did however order the Ombudsman to give me bank details I could make a BACS payment to, and that once that payment was made they would need to get a SAR report to me in 40 days. I did this and the Ombudsman confirmed receipt of my payment. Further issues 40 days came and went and I received no SARS report. I contacted the Ombudsman and gave them an extra 10 days to get it to me but got no reply. After the 10 days I contacted the ICO again and they asked me to give the Ombudsman a 14 day ultimatum to get the SAR report to me. I did this, and copied the ICO into my communication to prove I was chasing this. The Ombudsman refused to reply. ICO ruling number 2 The ICO, seeing that I had now waited 64 days for my SAR report (from the date they could confirm I sent payment) decided that I did have grounds to complain. They also advised that I could begin a court case for my financial loses and compensation for the Ombudsman breaking the law. I gave the Ombudsman an extra week to reply and then began the court proceedings. Ombudsman finally replies A few days after issuing the court case the Ombudsman finally replied saying that they had sent my SAR report to the wrong address and saying that they would send it out again. They claimed to have done nothing wrong (despite the fact that they admitted breeching section 4 and 6 of the DPA) and insisted that I end the court case as “they are not legally responsible for their rulings”. I replied that I have not begun the court case about their ruling but that it was instead about them breaking the law and is for compensation for my financial losses as a result of that – including the fact that I could not begin a claim against Three and expect to win in court without my SAR report. SAR report finally arrives My SAR report finally arrived and as I suspected proves that my case was not investigated. None of the questions I raised were actually asked of Three – and the “evidence” that the ombudsman accepted that Three had done things (like reply to my complaint and send me back the money they stole) amounted to nothing more than the notes on my Three account that said they had done this – they could provide no actual letter or emails to this end nor any proof of a payment actually being made, yet the Ombudsman still found in their favour. Once I have finished with my Ombudsman issues I shall begin my claim against Three. ICO final ruling The ICO has finally ruled that the Ombudsman did break section 4 and 6 of the DPA – but that at the moment they will not take the matter further, but will review this if they get further complaints. Court case And now we get to the crux of the matter – the Ombudsman are now again trying to get me to cancel the case as criminal charges are not being pursued against them and they have provided me with my SAR report. I maintain that they still broke the law and I should be allowed compensation for that fact. Whilst I accept that I can now begin my court case against Three, so no longer wish to claim for my financial losses for that, I still feel that their conduct in breaking the law in this case deserves to be punished. Do I still have a case for this in the courts, or will I now be ruled against since the ICO is not pursuing the criminal case and the Ombudsman has now sent me my SAR report, if 40 days too late? There is still the issue of the Ombudsman having provided my details to an unknown third party? When I raised the case everything that I claimed was true at the time (i.e. I had not received a SAR report) – and whilst I accept that their actions since then mean that I now have one surely I still have grounds to win most of my case against them?
  23. Hi, my oh has two accounts with LINK , i have been a reader of the forum i did a CCA for both accounts . I was supplied with a copy of the CCA and in my mind they may be unenforceable through reading other threads. Therefore i sent them the write off letter i found on a thread here and stated that they had not supplied me with the relevant information adn requested they both wrote off the debt and that i would receive a reply in 14 days. That was 6 weeks ago and no reply despite the recorded letters having been signed for. At this stage is there a next move i should make , currently i pay them £1 pcm Many Thanks
  24. I recently contacted Noddle to find out the exact details of who was reporting an account over the last few months but was told they could only tell me details of my file for this month. If i sent them a SAR would that provide the details i want of who was reporting an account each month? Surely they don't just delete the old records when the files are updated every month?
  25. We are paying a charge of £3054.06 at £100 per week agreed. Charges of bailiff are £25 per £100 - also charged us walking possession fee, enforcements under fee 5 disbursements under fee 12 etc totalling bill of £1255.40. This is a business rent debt that went to court and landlord agreed above terms. No possessions were taken, no letter sent to indicate court proceedings, no seizures; nothing. Can bailiffs charge on these terms and this amount? Thank you!!!
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