Banky v's Hillesden securities

[Banky]

Hello everyone,

As my first post here, id like to start off by saying thank you to every member of consumer action group. Your posts have encouraged me to where I am today.

Now about my situation,

 

I had a credit card debt with Egg banking of about £6500. The account was passed on to Hillesden securities acting on behalf of Egg banking plc.

Both companies then issued defaults on my credit file for the same debt. Hillesden seemed to put a default entry as soon as the account was passed on to them by egg banking.

 

I wrote to both companies requesting:

1. A true copy of the alleged credit agreement and

2. A copy of the default notice.

 

Egg banking responded by sending me a page of the credit agreement that shows my signature and the date of the signature but said they are under no obligation to supply me a copy of the default notice. Instead they offered me a print out of a computer screen showing a call attendants entry onto their computer system which includes the statement "issued DN on acc to try and trigger call" as confirmation of the issue of the default notice.

 

Hillesden securities responded by acknowledging receiving my £1 and to inform me that they are awaiting a copy of my original agreement with Egg banking plc. the made no reference whatsoever to the notice of default i requested in my original letter.

 

I would like to wipe off the default entry on my credit file. and then go after egg banking for the multiple bank charges continously imposed on me during a very difficult time.

 

I would appreciate as much help and insight as is out there. Thank you all...from my heart!

[shane5408]

Hello everyone,

As my first post here, id like to start off by saying thank you to every member of consumer action group. Your posts have encouraged me to where I am today.

Now about my situation,

 

I had a credit card debt with Egg banking of about £6500. The account was passed on to Hillesden securities acting on behalf of Egg banking plc.

Both companies then issued defaults on my credit file for the same debt. Hillesden seemed to put a default entry as soon as the account was passed on to them by egg banking.

 

I wrote to both companies requesting:

1. A true copy of the alleged credit agreement and

2. A copy of the default notice.

 

Egg banking responded by sending me a page of the credit agreement that shows my signature and the date of the signature but said they are under no obligation to supply me a copy of the default notice. Instead they offered me a print out of a computer screen showing a call attendants entry onto their computer system which includes the statement "issued DN on acc to try and trigger call" as confirmation of the issue of the default notice.

 

Hillesden securities responded by acknowledging receiving my £1 and to inform me that they are awaiting a copy of my original agreement with Egg banking plc. the made no reference whatsoever to the notice of default i requested in my original letter.

 

I would like to wipe off the default entry on my credit file. and then go after egg banking for the multiple bank charges continously imposed on me during a very difficult time.

 

I would appreciate as much help and insight as is out there. Thank you all...from my heart!

Hiya,

 

How long ago did you send the CCA Request to Hillesden? After 12 working days of receipt if they haven't complied you are within your rights to withold payment until they do, they are in default until they comply.

 

With regard to charges you need to send a SAR to egg to ascertain the total amount, benefit of this is that it should also furnish you with a copy of any default notice they served you, they must provide all info/docs they hold on you under sar.

 

As hillesden are dealing with ur account you need to wait till they reply to your CCA request, when they do post up what they purport to be the agreement and we can advise as to its enforcability.

 

kind regards,

shane

[rory32]

Hi Banky and welcome to CAG. I'm going to move your post to a thread of it's own so that you don't hijack this thread and any advice you receive isn't lost in this thread.

[rory32]

Posts moved to new thread

[AndyOrch]

Hi Banky

Could you expand a lttle ie dates requested CCA, tranfer to Hillesden?

Were you actually in default with egg missed payments?

Did you recieve any notification of Assignment to Hillesden?

 

 

Regards

Andy

[Banky]

Thank you Shane5408 for your reply. I would draft a S.A.R to egg demanding this info.

 

Thanks for your reply Andyorch. On the copy of my experian credit file, there is an entry by Egg banking plc that states that I defaulted WITH Egg banking PLC on 20th of April 2006. And another entry by Hillesden security for the same account as they claim to be acting on behalf of egg banking, stating a default dated the 1st of April 2006.

The entries however, do not state how many missed payments I have had with them to result in being defaulted although I admit to inconsistently-timed payments.

 

I sent the CCA request to both companies which included a request for a copy of the default notice, recorded delivery, on the 13th of November 2007. Both company's reply to me was dated the 14th of November 2007.

I have no recollection of a notification of assignment to Hillesden. I do however remember feeling harrassed from the first few correspondences from Hillesden as I believe I had no formal or informal introduction to them by the company they were acting on behalf. (Egg banking PLC).

 

I have received no information as to the date of transfer of assignment to Hillesden and my credit file from experian tells me that Hillesden entered a default on my account even before Egg banking did.

 

Thanks in advance for each and all replies.

[Banky]

First letter sent to egg and hillesden on the 13th November 2007

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company

has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice,

and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to.

This is my right under your obligation to supply a copy of the agreement under the legislation

contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed

sum credit). Your obligation also extends to providing a statement of account. I enclose a

£1 cheque in payment of the statutory fee, Cheque Number 100030.

 

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist

that it is

removed from my files as unsubstantiated.

Yours faithfully

[Banky]

Reply from Egg to first letter:

 

Your credit agreement request

 

Further to your recent request, I have pleasure in enclosing a copy of your signed credit Agreement in accordance with your rights under the Consumer Credit Act 1974.

 

In respect of your request for a default notice, whilst we are under no obligation to provide a copy of this default notice, I have enclosed a copy of the computer screen confirming details of its issue.

 

I also enclose a copy of your latest statement. This includes information as to the current status of the account, the balance and the date the next payment is due.

 

Yours sincerely.

Please note that the computer screen print out is not intelligible, is full of abbreviations and can be compared to the shorthand entry of a call attendant only that it is less intelligible.

 

Also, is it true that egg is under no obligation to provide a copy of the default notice?

[Banky]

My reply to egg's first letter:

 

 

 

Thank you for your letter dated the 14th of November 2007 and accompanying documents

sent to me in response to my letter dated the 9th of November 2007.

1. Could you please confirm to me if and when the original default notice was posted to me.

Any default notice issued to me is considered personal data. Therefore, I would like to renew my request

under section 7[1] of the Data Protection Act 1998, for a copy of the original default notice as kept on record in compliance

to the money laundering regulation 2003 section 6 (2) (b).

2. I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist

that it is removed from my files as unsubstantiated.

Yours sincerely

[Banky]

Subject Access Request

Please send me the information I am entitled to under section 7[1] of the Data Protection Act 1998 in relation but not limited to a copy of my account statements going back six years and a true and certified copy of the original default notice that should have been sent to me in accordance to section 87[1] and section 88 of the Consumer Credit Agreement Act 1974.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form

 

I consider the default notice to fall under the description of personal data and constitutes a record of transaction in line with the Money Laundering Regulation 2003 and would therefore be grateful to receive this information at your earliest convenience.

Please find enclosed a cheque for the maximum statutory fee of £10 and a copy of both parts of my driver’s Licence for identification purposes.

I look forward to your response within 40 days, as Egg Banking PLC is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

 

Egg's Reply to this particular letter is as follows:

 

 

Dear Mr,

Thank you for your recent request for information relating to your Egg Account/s. there are three ways we can provide this informaton to you

(these are explained on the attached form), and to help us to ensure we give you what you need; we need you to complete the attached form and return it to us. We are also returning your cheque.

 

Once we have received your completed form, and cheque or postal order, we will send you the information as soon as we can.

 

Yours sincerely

 

CUSTOMER DETAILS TEAM

[Banky]

The three options offered to me was

1: A complete list of transactions

2:Copies of my original statements

3: A complete Data Subject Information Request (DSIR)

 

Is the DSIR a synonym of SAR?

 

What I want is a true and certified copy of the default notice if at all sent to me, if not for the default notice to be removed from my files as unsubstantiated.

 

Does anyone make sense of my current situation? I am yet to receive a reply to the letter as shown in post 9

[rory32]

Is the DSIR a synonym of S.A.R - (Subject Access Request)?

 

Yes. This is standard tactics from Egg. They will also tell you that the 40 days don't start until they receive this form. This of course is complete nonsense. When did you send the SAR?

[Banky]

Yes. This is standard tactics from Egg. They will also tell you that the 40 days don't start until they receive this form. This of course is complete nonsense. When did you send the S.A.R - (Subject Access Request)?

 

I sent the SAR recorded delivery on the 20th of November 2007

[rory32]

Just fill in the form and include a copy of your original request with a covering note stating that they have 40 days from receipt of your original request to comply otherwise you will obtain a court order to force compliance.

[Banky]

Just fill in the form and include a copy of your original request with a covering note stating that they have 40 days from receipt of your original request to comply otherwise you will obtain a court order to force compliance.

 

Thanks Rory32. I will do just that.

 

Also, with reference to egg banking's claim, are they really under no legal obligation to supply me with a copy of the default notice?

Thanks.

[rory32]

are they really under no legal obligation to supply me with a copy of the default notice?

 

No they need to supply a copy of the default notice.

[Banky]

No they need to supply a copy of the default notice.

 

Thanks rory32. I just read a part of the letter they sent to me that states:

 

.

 

 

Completion of the form is not compulsory and choosing not to complete it does not affect your right to a copy of your personal data. If you do not intend to complete the form but still require a copy of your personal data, you should inform us of this and provide details of the data you require along with the £10 fee and identification documents and details of the data you require

The law (data protection act 1998 section 7) explains that I need only send proof of identification, a letter in writing and the fee to get copies of my personal data. All of which I have done.

 

I wonder why they sent me the form in the first place

 

It angers me

[rory32]

I wonder why they sent me the form in the first place

 

Egg nearly always do this. I think it is just designed to confuse people.