Blair Oliver Scott, request for Data Protection Act disclosure

[belleofstmark]

Hi There,

 

I'm pretty new to this - though I've been reading for a long time - i recently started acting on some of the great advice that I've found on the site. I sent a request for original credit agreement and all data that they hold about my account back in October 2008. I heard nothing from them at all and after they had breached the time limit for response of 40 days - i sent the following letter:

 

---

Blair Oliver and Scott

PO Box 66

Rosyth

KY11 2WG

 

XXDATEXXX

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam,

 

Re: Payment ref: XXXX

 

You have failed to comply with my Data Protection Act Subject Access Request dated XXOCT08.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

----

Within the 7 days I received this letter from them:

---

Dear X

 

I refer to your recent enquiry regarding your account and was sorry to learn you are unhappy with us.

 

We are keen to deal with your concerns as quickly as possible. I have asked for one of our Customer Care Managers to investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our complaints leaflet. This tells you how we will handle your complaint. If you need to speak to us in the meantime, please call us on the above number.

---

 

Has anybody else received this kind of response from them / another DCA and how has it panned out? I'm thinking if I go straight to court now - the court will wonder why i did not wait for them to respond within the 4 weeks requested, although BOS have already breached the time limit of the request for data.. . What do you think?

[palomino]

Their response is in terms of your complaint.

 

As regards the failure to comply with a DSAR (as it's called in the trade) you can do either or both of two things -

1. Send a letter before action giving them seven days to comply or you will be seeking court order, and/or

2. lodge a formal complaint with the Information Commissioner. Browse the website here Information Commissioner's Office - ICO

[belleofstmark]

Thanks Palomino - I sent the "letter before action" already and they have not complied - just asked for another 4 weeks. What's the next step?

[palomino]

When the deadline you gave them to comply has expired go straight to your nearest County Court and lodge a claim using a form N1.

You also obtain a copy here - http://www.hmcourts-service.gov.uk/courtfinder/forms/n1(cc)_0302.pdf.

 

Most of this is pretty obvious. You are claiming an order requiring BOS to comply with your request.

 

If you need assistance in completing this then come back here.

[belleofstmark]

Thanks - will check this out....

 

I've also sent a letter saying that the account is in dispute, due to their non-compliance.

[belleofstmark]

Hi - sorry for the confusion - the letter that I sent to Blair Oliver Scott was a CCA request for the original agreement, not a Subject Access Request. Request was sent in October, they have still not complied, once they had not replied for 40 days I ceased my payments to them. It is now close to 3 months since my request.

 

Yesterday I sent them a letter to say that I consider the account to be in dispute and that they should comply with my CCA request within 7 days. I also mentioned that as they are in default of CCA74 77(4):

 

"(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence."

 

In the last couple of weeks, I received a number of phone calls from them, which I think I have nipped in the bud by asking them to remove my number from their records and asking for all further communication be in writing.

 

This morning, I received a letter from them stating the following:

 

"We note from our records that you have defaulted in the temporary repayment programme agreed with you.

 

A payment of £XXX.XX is required t bring the programme up to date.

 

IF YOU HAVE MADE A PAYMENT TO US WITHIN THE LAST THREE DAYS, PLEASE DISREGARD THIS LETTER.

 

If not, payment may be made by sending a cheque or postal order to the above address".......blah blah blah

 

"PLEASE MAKE YOUR CHEQUE PAYABLE TO BANK OF SCOTLAND"

 

blah blah

 

"Failure to comply with this request will result in legal proceedings being instigated without further notice, the costs of which may be awarded against you."

 

-- SO what implication does this letter have with regard to CCA74 77(4)? Is this letter classed as "enforcing the agreement?"

 

Thanks

[MARTIN3030]

This is probably the best place since its dealing with legal issues.

Edited January 28, 2009 by MARTIN3030
revised guidance.

[palomino]

Hi - sorry for the confusion - the letter that I sent to Blair Oliver Scott was a CCA request for the original agreement, not a Subject Access Request.

 

That's a completely different kettle of worms ...

 

This morning's letter is almost certainly computer-generated and means nothing in practice. You could write a similar letter saying that they have defaulted on supplying your credit agreement and that repayments will not be made until they comply with their legal obligations.

[belleofstmark]

Thanks Palomino - i'm starting to gather that it might be....!

 

Could I still use the same approach (and form) to get a court order for them to comply with my request?

 

I understand that with a CCA the time limit for the DCA to comply is actually 12 working days and seeing as we're now at 3 months they are well in default.

 

Just not sure what my next steps should be - i see two options (maybe there are more - or these are wrong??)

 

1. Sit tight, saving the money that I usually send to them, in case they come up with the alleged agreement - wait for the debt to become statute barred

 

2. Force the issue by going to court and getting them to admit sooner than later that the debt is unenforceable.

 

I prefer option 2, as I don't want this hanging over my head - I would rather know once and for all where I stand.

 

What do you think?

[palomino]

You could seek a court order asking them to comply, but that might make them redouble their efforts and then they might actually find the agreement! I would let sleeping dogs lie.

 

If you want to be pro-active you could lodge a formal complaint with BOS about their non-compliance with your request. They must deal with this within 8 weeks (or give you a 'final response' earlier) upon which you can make a formal complaint to the Financial Ombudsman Service (FOS).

But be aware the FOS are many months behind in dealing with complaints.