Debt Cant Be Proven!!!

[syds mum]

HI NOT BEEN ON FOR A WHILE HOPE ALL O.K!!!

 

mum started with £24 and grown to £700 over 4years!!!

credit card with providian mum had to pay £100 deposit (returned after 12 months) before they would give her one...

 

had card in 2002 and no probs re paying them untill they wouldnt give her the £100 deposit back "we will return it when we want to" mum owed them £24 and went on to spend the £100 on her card and then refused to pay any payments till they gave back the deposit!!! balance £124 now...

 

mum moved house (did inform them) they wrote to say she owed £400 about 4-5 months later and been passed to cabot!! mum asked where debt had come from she knew she owed £24 but that was it!! cabot wrote in december 2007 asking for payment mum phoned and requested proof of debt and how it was so much!!

next letter march 2008 saying gonna contact lenders, will have info in 21 days but could take longer if info in archive!!!

 

next letter sept 2008 sayin cant get info from providian got contract but no info on how balance has risen!!! mum rung today asking again but only got "you need to set up payment plan and want £50 per month" mum told em only owed £24 to start with go whistle!!!

 

my question is how long have they got to proof the debt or at least give me something to say where all this debt has come form???

 

whats best course of action??

 

thanks debbie xxx

Edited September 30, 2008 by syds mum
spelling sorry!!

[42man]

No agreement then debt not enforceable... Do you think there are a raft of excessive penalty charges + 8% compounded interest you could claim back also !! any chance they owe you more than you owe them ?

[syds mum]

hi 42 man

the prob is mum has no clue all she knows is the debt was £24 plus the depsoit (£100) they refused to give back, was the last statement she had in 2004, since then nothing untill they wrote with the £400 outstanding and no explanation of why it was that much!! can only assume its interest but cabot havnt got any details on how its made up!!! they do claim to have orignal contract (they got yesterday) when she took out credit card in 2002!!!

thanks debbie x

[syds mum]

bump

[42man]

Have you sent a SAR Debbie ?....

[syds mum]

hi there 42man no not done anything in writing yet i have been through the bank charges thing and know the procedure for that! will this be the same? wasnt sure what to do cos its slightly different and wanted to check first, so SAR first then????

 

debbie x

[42man]

Debbie....if it was me in your position then I would send one off...as it may be that they owe you more than you owe them.....but at least it will disclose all the documents/statements they have then you will know where you stand....

 

Use this one...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

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 formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. 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.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. 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.

10. Copies of statements for the entire duration of the credit agreement.

 

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.

 

Yours faithfully,

 

 

print but don't sign your name

[syds mum]

o.k love will do thanks very much and will let you know what happens... when we work it out it looks like could be £12 late payment fees over 4 years.... and DCA fee!!!! but cant be sure.. what i dont understand is why they wont send owt out!!! if they have the statements then what they got to hide???

 

also mum hasnt recieved a default notice!!!!

 

debbie xxx

Edited October 1, 2008 by syds mum

[42man]

OK...well you should be able to reclaim all your excessive penalty charges over the last 6 years + 8% compounded interest.... so for example a £20 penalty fee made against you on 1st January 2004 will now be worth £27.61 to you !! there is a good interest calculator here - Bank Charges: Reclaim them, they’re unlawful, inc. free template letters ...

 

But wait until they respond to your SAR request - they have to do this in 40 days....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

And keep us posted if / as / when you hear back...

[syds mum]

cheers for that love will do!!

 

debbie xx

[syds mum]

UPDATE AT LAST!!!

mum recieved a letter today saying they can not find where the debt was from so therefore it has been written off!!!

 

thanks to all that adviced !!!

 

debbie x