CCA Request - Cabot x 2 debts

[andymanx]

i've had similar from other DCAs, allways makes me laugh how they consider abiding by the law of the land as a gesture of goodwill. puts me in mind of a mugger comming up to you and saying "as a gesture of goodwill i am not going to mug you". would be nice though

lol You have knocked the nail right on the head there!

[andymanx]

I'm just about to send a similar letter to Cabot. I have an old debt which, when asked for a CCA, they have failed to reply.

 

Would you mind posting copies of your S10 & Default letters (without your details of course ). I'd like to make sure mine is worded as best it can be.

 

Please keep this thread updated with how you get on - it's really appreciated

OOPS! Sorry I didn't see your reply sooner. PM and let me know if you still want a copy of the letters.

[andymanx]

I would wait - theres not really much you can reply to here.

"As a gesture of goodwill"....ha ha

[andymanx]

Do you think they are having a problem finding your CCA

Yep.

[andymanx]

The fun and games begin! Cabot's reply to my S10 and Default letters, for my both Debts, are below.

 

 

I replied to Crapbot with the following letters:

 

Date: 4 April 2009

Ref:

By: Recorded Delivery

 

Mr Steve Perring

Customer Assurance Adviser

Cabot Financial (Europe) Ltd

1 Kings Hill Avenue

Kings Hill

West Malling

Kent, ME19 4UA

 

Dear Sir/Madam

YOUR REFUSAL TO STOP PROCESSING MY DATA.

 

I acknowledge receipt of your letter dated 24 March 2009 written in response to the notice served upon you under Section 10 of the Data Protection Act 1998 a copy of which is attached for your convenience.

 

I take note that you claim authority to process my data under Schedule 2 Paragraph 2(a) of this Act and acknowledge that you claim no rights under any other subsection of this paragraph.

 

Unfortunately I believe you to be confused as to your legal position in the matter and consider your response to be legally flawed and thus in breach of my Section 10 request.

 

The next logical step should be for me to seek enforcement of the order under a civil Court action but I feel even at this late stage this is something which can be avoided were we to co-operate in the matter. This letter contains within it a notice under the Civil Procedure Rules, I am of the belief that if the CPR Pre Action Protocols are followed diligently by both parties then litigation is likely to be unnecessary.

 

Schedule 2 Paragraph 2 (a) of The Data Protection Act 1998 reads thus:

 

2. The processing is necessary:

(a) for the performance of a contract to which the data subject is a party,

 

This is where your confusion arises, I shall try and explain it simply for you. Might I also suggest that if you require further clarification in the matter that you acquire yourself a copy of the excellent book on the Law of contract written by Guenther Treitel? This is a highly informative tome and is frequently used as a reference in these matters by Lawyers and Judges right up to the very highest levels of the British Judiciary system.

 

You seem to believe that a contract exists between yourselves: Cabot Financial (Europe) Ltd and myself: REMOVED yet no such lawful contract exists nor has it ever existed.

 

I believe the confusion you suffer and the mention of contract arises from your purchase under a debt sale agreement and claimed assignment under Section 136 of The Law of Property Act 1925 of an account originating with Hitachi Nova such account carrying my name.

Under English Law only the benefits and interest thereupon can be assigned (subject to equities), the burden/obligations of the contract itself cannot. For the contract to be legally assigned to yourselves a novation must occur. This novation would explicitly require the consent of both parties to the original contract in order that the obligations of that contract be transferred to a third party. I categorically state that at no time have I entered into a novation with yourselves and Hitachi Nova as the other parties. You are attempting to claim duties which lawfully rest with Hitachi Nova under contract by virtue of an assignment and this is not lawfully meritorious.

 

This is common legal ground, without this basic matter of legal principle you could claim rights under Schedule 2 Paragraph 2(a) Data Protection Act 1998 to process data relating to any contract to which I am a party. You could for example claim right to share data about my mortgage or my car insurance or even my golf club membership. The law and the slightest modicum of common sense tells us that you may not take these actions because you are not a party to the contract involved.

 

Sadly you apply a different logic to the case in hand. You claim to be party to a contract yet have failed to produce a true signed copy of this contract despite request. I personally and the Courts most definitely will expect you to produce any such written document in the event of litigation.

 

In the absence of any documentation to support your claim that myself and Hitachi Nova are legally bound by contract I am left with no option but to refute your claim made under Schedule 2 Paragraph 2 (a) of The Data Protection Act 1998 as lawfully unmeritorious.

 

As I state above the next logical step would be for me to seek enforcement of the Section 10 order through the County Courts.

 

It would be both churlish and a breach of protocols to rush into litigation against yourselves without satisfying all other avenues of settlement in this matter and establishing both the merit(s) of my cause(s) for any intended action and my being able evaluate the likelihood of success prior to proceedings being initiated.

 

The facts of the matter are thus:

 

You claim right under contract to process my data and I state you do not have right under contract since no such contract between ourselves exists nor ever has existed.

Surely common sense tells us that litigation with a view to enforcement can easily be avoided upon production by yourselves of either of the following two documents?

 

1) A true copy of a contract signed and entered into between myself: REMOVED and your Company: Cabot Financial (Europe) Ltd.

 

2) A true copy of any document of or purporting to be representative of a novation between myself: REMOVED and Hitachi Nova and Cabot Financial (Europe) Ltd. Such document to bear the signatures of all three parties.

 

Receipt of either of these documents will be looked upon by myself as proof that you have contractual right to process my data as you claim and no action with a view to enforcement against your company under Sec 10 Data Protection Act 1998 will be forthcoming.

 

I enclose within this letter a request made under CPR 31.16 of the Civil Proceedings Rules. I am making this request from yourselves in an attempt to clarify matters thus:

 

I am embarrassed to admit that I have no knowledge of any contract existing between myself and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such contract exists, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you.

 

I am embarrassed to admit that I have no knowledge of any novation existing between myself, Hitachi Nova and your company and disclosure of these documents will help quickly establish the authenticity of your claim that such a novation occurred, whether any cause of action exists and may help me make an educated appraisal of the likelihood of success of any action I might bring against you.

 

Disclosure of these documents at this stage will also undoubtedly save costs and court time should litigation ensue but more importantly might help us as the two parties involved find resolution without having to resort to litigation which I'm sure you will agree would be a far more amicable and likely less expensive way to conduct this dispute.

 

I am a reasonable person and although this matter has been ongoing between us for some time now to my detriment I am still prepared to make the following gesture of goodwill towards yourselves with a view to avoiding litigation. I am prepared to give you 28 days from the date of posting (which has been recorded) in order to do either of the following:

 

1) Comply with the lawful request made under Section 10 of the Data Protection Act 1998 on 21 March 2009

 

or.

 

2) Provide all such documents as I request in the attached formal CPR 31.16 request notice enclosed within this letter.

 

 

Failure to comply with neither one of these requests will result in my reviewing the situation. At that stage I may feel it is appropriate to issue you a reminder of your obligations and grant you an extension in order that you may comply or if I decide that you are deliberately frustrating matters I may at that stage look to begin proceedings against yourselves without further notice.

 

Such proceedings will be in order to obtain enforcement of the Section 10 1998 notice of the 21 March 2009, a notice you acknowledge being in receipt of. Notwithstanding the fact that you are indubitably in breach of your obligations to keep any data processed accurate and up to date it is likely that any application for enforcement will centre upon the fact you claim to be in contract with myself. Obviously you will be called upon by the Court to provide a copy of this contract for inspection and analysis.

 

As a further gesture of goodwill towards you in this matter I hereby state that I am prepared to meet your reasonable costs subject to these costs being incurred solely in respect of sourcing, reproducing and delivering the requested documents to me. You may supply me with a particularised invoice for these costs and I shall meet them promptly although I would expect prior to any payment being made that all the documentation made within the CPR 31.16 request has been provided to me.

 

If there is anything in this letter which you do not understand I suggest you seek advice from a solicitor or a consumer credit advice centre such as the Citizens Advice Bureau.

 

Yours Faithfully

 

 

Date: 4 April 2009

Ref:

By: Recorded Delivery

 

Mr Steve Perring

Customer Assurance Adviser

Cabot Financial (Europe) Ltd

1 Kings Hill Avenue

Kings Hill

West Malling

Kent, ME19 4UA

 

Dear Sir/Madam

 

FORMAL REQUEST FOR INFORMATION UNDER CPR PART 31.16

This request to be read in conjunction with enclosed letter dated 4 April 2009.

For your convenience I enclose a true copy of CPR 31.16 as a further attachment.

 

On 21 March 2009 I served you notice under Section 10 of The Data Protection Act 1998 to cease and desist, not to start processing or to provide good reason as to why you might continue to process my data and share it with third parties in a manner which is causing me damage.

 

I enclose a copy of the original notice sent you under Section 10 Data Protection Act 1998 for your convenience.

 

You responded with the incorrect assertion that you have right under Schedule 2 Paragraph 2(a) of the Data Protection Act 1998 since you believe me to be party to a contract with yourselves.

 

I have in the letter enclosed with this notice and cross referenced to this notice set out the reasons why I feel you are incorrect in this assumption of right under contract.

 

I have also quite clearly stated that the overriding principles of this CPR 31.16 request are to establish the following:

 

1) Whether any such contract exists or has existed.

 

2) In the event that such contract exists whether your claim is compliant with the terms of that contract.

 

3) Whether any novation of a contract has occurred in your favour from any contract ever entered into between Myself and Hitachi Nova

 

4) In the event that such contract or novation exists and contain contractual rights in your favour that I may immediately cease and desist from seeking litigation against yourselves in the matter.

 

5) In the event that such contract or novation does not exist that I may accurately assess the case with a view to establishing a cause for action.

 

6) In the event that such contract or novation does not exist that I may make informed assessment of the likelihood of success of any litigation I may bring.

7) In the unlikely event that I have entered into contract containing a provision or clause therein that the contract may be assigned to your company in its entirety without further involvement in the matter by myself, sufficient documentation should be provided in order that I might make informed assessment whether that assignment has been perfected in law and that such assignment is valid.

 

Your compliance with this request may well result in enforcement action being deemed unnecessary and/or unmeritorious by myself and is very likely to save both parties much time and inconvenience. It will also have an overbearing influence on any decision I might take in the future as to whether to seek enforcement so it is quite pertinent to state that much Court time and expense might be avoided by your complying with this simple request.

Since this matter as it stands now is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3) © & (D) which gives the court the power to order you to disclose these documents to me.

 

I hereby formally request from yourselves the following documentation in order that the overriding principles of this lawful request may be met.

 

a) A true copy of any contract entered into between myself: REMOVED and Cabot Financial (Europe) Ltd, such document to bear the signatures of both parties.

 

or.

 

b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents:

 

(i) A sworn statement that such document does not exist.

 

or:

 

(ii) A true copy of any document of novation between the three parties namely myself: REMOVED and Hitachi Nova and Cabot Financial (Europe) Ltd, such document to be bearing the signature of all parties to the original contract and the novation thereof.

 

or.

 

c) A true and signed copy of any contract agreement entered into at any time between myself:

REMOVED and Cabot Financial (Europe) Ltd, such agreement to be bearing the name of your company: Cabot Financial (Europe) Ltd explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract.

 

and

 

d) A true copy of the deed or document of assignment of the account in question. Such document to be created in accordance with Sec 136 Law of Property Act 1925.

 

e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Sec 196 of the Law of Property Act 1925.

 

f) A copy of any contract of sale between Hitachi Nova and Cabot Financial (Europe) Ltd. I permit this document to be redacted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety.

 

g) Proof of purchase of this account from Hitachi Nova such proof to be dated.

 

h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced.

 

Failure to provide this information may result in me initiating litigation against yourselves without merit or unnecessarily and without further notice subject to the conditions I offer you in the accompanying letter.

 

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary

 

Please confirm by no later than 4pm on 18 April 2009 that you will comply with my request or if you will not comply, please provide your reasons in writing.

Yours Faithfully

 

 

Disclosure before proceedings start

 

31.16

 

(1) This rule applies where an application is made to the court under any Act for

disclosure before proceedings have started1.

 

 

(2) The application must be supported by evidence.

 

 

(3) The court may make an order under this rule only where:

 

(a) the respondent is likely to be a party to subsequent proceedings;

 

(b) the applicant is also likely to be a party to those proceedings;

 

© if proceedings had started, the respondent’s duty by way of standard

disclosure, set out in rule 31.6, would extend to the documents or classes of

documents of which the applicant seeks disclosure; and

 

(d) disclosure before proceedings have started is desirable in order to:

 

(i) dispose fairly of the anticipated proceedings;

 

(ii) assist the dispute to be resolved without proceedings; or

 

(iii) save costs.

 

 

(4) An order under this rule must:

 

(a) specify the documents or the classes of documents which the respondent

must disclose; and

 

(b) require him, when making disclosure, to specify any of those documents:

 

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

 

(5) Such an order may:

 

(a) require the respondent to indicate what has happened to any documents

which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection.

Edited April 18, 2009 by andymanx

[clemma]

As a "gesture of goodwill"......thanks.

 

Also, WHAT CREDIT AGREEMENT did you sign that gave them the authority to process your data? Will this be the one that they can't find.....I will try and find a suitable letter, or write one up myself for you

[andymanx]

Letter received on 25 March:

 

 

I have advised Cabot that I have changed address and although advising them this and despite them replying to my S10 request at the new address, they are still sending letters for the Vanquis account to my old Mailbox address, despite sending letters for the Hitachi Nova account to my new address, so I replied with the following letter:

 

Date: 4 April 2009

Ref:

By: Recorded Delivery

Mr Steve Perring

Customer Assurance Adviser

Cabot Financial (Europe) Ltd

1 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4UA

 

Dear Mr Perring

 

INCORRECT ADDRESS.

 

I am rather disappointed that a company such as Cabot Financial (Europe) Ltd could make such a basic mistake as to send mail intended for me to the WRONG address for the SECOND TIME. As you are fully aware, this is in breach of the Data Protection Act.

 

I have previously informed you of my address change to the address at the top of this letter, yet you have completely ignored my request. Cabot currently hold two accounts, allegedly belonging to me, the other being ref: REMOVED. For some reason, known only to Cabot, you have been able to change my address on the other account, but not the one this letter pertains to.

 

Any further mail sent to the mailbox address REMOVED, (which you had incorrectly added anyway as my Mailbox was REMOVED will be ignored.

 

Only mail received at the correct address, as stated at the top of this letter, will be responded to.

 

I wait in anticipation for your reply

Yours Sincerely

 

Edited April 9, 2009 by andymanx

[andymanx]

Letter received on 6 April:

 

 

HAHA I WIN!!!

 

Still need to get the defaults removed from my Credit Report though. Will see what their reply with to my letter @ http://www.consumeractiongroup.co.uk/forum/show-post/post-2071648.html.

Edited April 18, 2009 by andymanx

[clemma]

Bless them for trying Although, they have a nerve after the last letter they sent you (which was a tad rude)....

 

Ermmmmm - NO, you do not have to request information from the OC. That is their job, and they know it!

 

I have a feeling that no CCA's will appear.

[andymanx]

Here is Crabots reply to my letter here for my Hitachi Nova debt:

 

 

[andymanx]

Here is Crapbots reply to my letter here for my Vanquis debt:

 

Edited April 18, 2009 by andymanx

[andymanx]

I sent Toulose Le Debt's excellent letter to Crap-pot.

 

Date: 27 April 2009

Ref:

By: Recorded Delivery

 

Mr Steve Perring

Customer Assurance Adviser

Cabot Financial (Europe) Ltd

1 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4UA

 

Dear Mr Perring

ACCOUNT STILL IN DISPUTE.

 

Thank you for your letter dated 17 April 2009 in which you respond to my request under CPR 31.14, a copy of this request is attached for your convenience.

 

Unfortunately your response falls some way short of fulfilling this request made under Civil Procedure Rules, again for your convenience I shall explain your shortcomings in order that you may speedily rectify the situation.

 

In my CPR request I made it abundantly clear that I required from you the following information in order that I might make informed judgment as to whether it would be in my interests to seek enforcement of my Section 10 Data Protection Act notice through the Courts:

 

a) A true copy of any contract entered into between myself: REMOVED and Cabot Financial (Europe) Ltd, such document to bear the signatures of both parties.

 

or.

 

b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents:

 

(i) A sworn statement that such document does not exist.

 

or:

 

(ii) A true copy of any document of novation between the three parties namely myself: REMOVED, and Hitachi Nova, and Cabot Financial (Europe) Ltd, such document to be bearing the signature of all parties to the original contract and the novation thereof.

 

or.

 

c) A true and signed copy of any contract agreement entered into at any time between myself: REMOVED, Hitachi Nova such agreement to be bearing the name of your company: Cabot Financial (Europe) Ltd explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract.

 

and.

 

d) A true copy of the deed or document of assignment of the account in question. Such document to have been executed in accordance with Section 136 Law of Property Act 1925.

 

e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Section 196 of the Law of Property Act 1925.

 

f) A copy of any contract of sale between Hitachi Nova and Cabot Financial (Europe) Ltd. I permit this document to be reducted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety.

 

g) Proof of purchase of this account from Hitachi Nova such proof to be dated.

 

h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced.

 

I note that you have failed to supply all of the documentation requested and instead have simply issued me a template letter re-iterating that you feel you have 'the right' to process my data, which is based on the Terms and Conditions of the Credit Agreement, which you have failed to provide a copy of.

This is of course unacceptable to me, as I specifically requested the above documentation in order that I may make an educated decision myself as to whether you have 'the right' to process my data, for you to simply state this without supplying any proof of your claim whatsoever displays a gross failure to comprehend the gravity and implications of my lawful CPR 31.14 request.

 

I now have little option but to seek this documentation from Hitachi Nova as your failure in this matter simply underlines to me exactly how tenuous your claims are and it appears to me that you do not hold sufficient claim to this account to defend a Court claim in your own right so my next logical step is to ascertain whether Hitachi Nova should be named as co-defendant in any enforcement action.

My request was made in order that I might judge the likelihood of success of any enforcement action I might instigate amongst yourselves and I have to be honest with you and state that your failure to provide one single piece of the documentation requested leads me to suspect that you either do not hold this documentation or that such documentation does not exist. I am however a reasonable person and still think this matter can be resolved without my taking you to Court so I am prepared to grant you a 14 day extension to the original period of notice given you to fulfil the CPR 31.14 request in order that you might re-assess your response to meet the requirements of my lawful request.

This does of course mean that I shall be expecting to receive from yourselves a copy of all the documentation itemised in the original CPR 31.14 request, please do not waste your time and mine by writing and telling me you 'have the right' without supplying the necessary proof as requested.

 

This is my final warning to yourselves in this matter and failure to comply with the CPR 31.14 request at this stage could have some very serious consequences for yourselves including but not restricted to the following:

 

I may seek enforcement of my Section 10 Data Protection Act 1998 notice through the Court without further notice.

 

Your breach of pre-action protocols might result in any or all of the documentation requested under CPR 31.14 being held inadmissible in Court in the event of litigation.

 

Your breach of pre-action protocols might result in a costs order being made against yourselves regardless of the outcome of any litigation.

 

I trust this underlines how potentially serious a matter your breach of CPR is and that you will make some effort to comply in the time you have left.

[MARTIN3030]

Very good-keep the pressure on.

The Court has the power to award up to £1,000 for a breach of the first principle of the DPA.

I sent my first request to them this week.

I am tired of them sending me monthly letters telling me they are waiting for Vanquis to supply a copy of my C.C.A.

I think I have been more than patient......after waiting almost a year !!

In my case Vanquis sold the account to Cabot a few weeks AFTER I made a request to them and ignored it.

They even cashed the £1.00

 

Just one point-I have another ongoing matter for breach of the first principle with RBS.

The Judge made it clear that he wanted to see the defendants responses to my s10.

ICO guidance states that any communications regarding Data Protection should always be addressed to the data controller-since it is he/she who is personally responsible.

 

There was an old legendary case on CAG I think back in 2006,in which the Judge ordered the data controller to appear before him (if I am not mistaken it was RBS)

The Judge pulled no punches and was talking about a possible prison sentence .......

I dont think the likes of Cabot realise just how serious the Courts view breaches of the DPA.

One reason I guess they get away with it so much is because more often than not,people dont follow up their threats to litigate-and Cabot know this-just as many others do too.

 

Subbing to yours.

Edited May 2, 2009 by MARTIN3030

[MARTIN3030]

Heres a more recent one too from last year.

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/145266-default-removed-halifax-co.html

[cymruambyth]

Excellent battle, subbing with great interest.

[andymanx]

...

Edited May 31, 2009 by andymanx

[andymanx]

I sent Toulose Le Debt's excellent letter to Crap-pot.

 

Date: 27 April 2009

Ref:

By: Recorded Delivery

 

Mr Steve Perring

Customer Assurance Adviser

Cabot Financial (Europe) Ltd

1 Kings Hill Avenue

Kings Hill

West Malling

Kent

ME19 4UA

 

Dear Mr Perring

ACCOUNT STILL IN DISPUTE.

 

Thank you for your letter dated 17 April 2009 in which you respond to my request under CPR 31.14, a copy of this request is attached for your convenience.

 

Unfortunately your response falls some way short of fulfilling this request made under Civil Procedure Rules, again for your convenience I shall explain your shortcomings in order that you may speedily rectify the situation.

 

In my CPR request I made it abundantly clear that I required from you the following information in order that I might make informed judgment as to whether it would be in my interests to seek enforcement of my Section 10 Data Protection Act notice through the Courts:

 

a) A true copy of any contract entered into between myself: REMOVED and Cabot Financial (Europe) Ltd, such document to bear the signatures of both parties.

 

or.

 

b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents:

 

(i) A sworn statement that such document does not exist.

 

or:

 

(ii) A true copy of any document of novation between the three parties namely myself: REMOVED, and Hitachi Nova, and Cabot Financial (Europe) Ltd, such document to be bearing the signature of all parties to the original contract and the novation thereof.

 

or.

 

c) A true and signed copy of any contract agreement entered into at any time between myself: REMOVED, Hitachi Nova such agreement to be bearing the name of your company: Cabot Financial (Europe) Ltd explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract.

 

and.

 

d) A true copy of the deed or document of assignment of the account in question. Such document to have been executed in accordance with Section 136 Law of Property Act 1925.

 

e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Section 196 of the Law of Property Act 1925.

 

f) A copy of any contract of sale between Hitachi Nova and Cabot Financial (Europe) Ltd. I permit this document to be reducted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety.

 

g) Proof of purchase of this account from Hitachi Nova such proof to be dated.

 

h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced.

 

I note that you have failed to supply all of the documentation requested and instead have simply issued me a template letter re-iterating that you feel you have 'the right' to process my data, which is based on the Terms and Conditions of the Credit Agreement, which you have failed to provide a copy of.

This is of course unacceptable to me, as I specifically requested the above documentation in order that I may make an educated decision myself as to whether you have 'the right' to process my data, for you to simply state this without supplying any proof of your claim whatsoever displays a gross failure to comprehend the gravity and implications of my lawful CPR 31.14 request.

 

I now have little option but to seek this documentation from Hitachi Nova as your failure in this matter simply underlines to me exactly how tenuous your claims are and it appears to me that you do not hold sufficient claim to this account to defend a Court claim in your own right so my next logical step is to ascertain whether Hitachi Nova should be named as co-defendant in any enforcement action.

My request was made in order that I might judge the likelihood of success of any enforcement action I might instigate amongst yourselves and I have to be honest with you and state that your failure to provide one single piece of the documentation requested leads me to suspect that you either do not hold this documentation or that such documentation does not exist. I am however a reasonable person and still think this matter can be resolved without my taking you to Court so I am prepared to grant you a 14 day extension to the original period of notice given you to fulfil the CPR 31.14 request in order that you might re-assess your response to meet the requirements of my lawful request.

This does of course mean that I shall be expecting to receive from yourselves a copy of all the documentation itemised in the original CPR 31.14 request, please do not waste your time and mine by writing and telling me you 'have the right' without supplying the necessary proof as requested.

 

This is my final warning to yourselves in this matter and failure to comply with the CPR 31.14 request at this stage could have some very serious consequences for yourselves including but not restricted to the following:

 

I may seek enforcement of my Section 10 Data Protection Act 1998 notice through the Court without further notice.

 

Your breach of pre-action protocols might result in any or all of the documentation requested under CPR 31.14 being held inadmissible in Court in the event of litigation.

 

Your breach of pre-action protocols might result in a costs order being made against yourselves regardless of the outcome of any litigation.

 

I trust this underlines how potentially serious a matter your breach of CPR is and that you will make some effort to comply in the time you have left.

 

 

Here is Crapots reply:

 

[nicklea]

What they say is correct.

 

cpr 31.14 only applies when a claim form has been issued. They have not issued a claim against you (I presume)

 

With cpr 31.16 you can certainly ask for any documents but they are not obliged to supply you with anything. If they do not supply you with anything you then need to make an application to the court requesting the court to make an order under cpr 31.16 that the creditor does disclose these documents to you. So, it is up to you to go to court on this issue