CCA'd, DEFAULTED, TERMINATED. HOUNDED BY BLAIR WITCH

[MandM]

SAR to the original creditor. I've got lots of Notice Of Intended Court Action letters from BOS. Hot air and wind really. Probably having one last bash before they sell you.

 

Remind them of the letter you sent last year accepting their unlawful termination. Sure you'll find a copy . Tell them that, as per that letter, you'll only pay the arrears. Ask them how much left?

 

M

[Jim Pike]

Thanks M&M

Your advice is greatly appreciated, I should be able to find the letter somewhere on my laptop, (never very good at filing) but it will prove I sent it even if they say I didn't.

You mean Iff will sell me to dca, does that mean if they own me they are liable for my debts. LOL

thanks I will sort out SAR and the £10 "gulp" and start the ball rolling, what am I looking for with a SAR?

cheers

Jim

[MandM]

SAR can turn up all sorts of goodies, particularly old accounts. If you have had charges or PPI at any point this will help you find out how much as you'll get all of your statements.

 

And that letter is definately there - you told us about it , remember.

 

M

[MandM]

I assume that you don't bank with HBOS or any of their relatives?

[welshperson3]

hi Jim pike

 

You have had some good advice IMHO from MandM

 

at this stage i cant add a lot but make sure that u sent off the SAR and copy of your original acceptance of the termination, and when you receive a reply from them then post it up and we can go from there

 

wp3

[Jim Pike]

Thanks M&M

Yes I have the letter somewhere on my computer, just need to find it. Yes I do use IF banking but I only transfer enough to pay 1 standing order and to pay their dca (blair witch) the £5 per month which will now stop.

I have still got accounts with some of my other creditors though (both are in overdraft) (hsbc and lloyds) main banking moved to safe account, if there is such a thing.

 

Thanks welshperson3

Yes the advice is excellent as usual, I will draft the SAR request this evening and send tomorrow, I will stop paying off the arears if that is how they want it. I will keep posting when I get results.

 

Many Thanks to you both for taking the time out to reply.

Jim

[welshperson3]

JIM there are Lot of options open to you when you get a reply to your letters.

 

just a few examples

 

1 compensation for the unlawful rescission

2 reclaim unlawful charges

3 reclaim any miss sold ppi

[Jim Pike]

Hi welshperson3,

I had not thought of anything like that, but with this particular card I don't recall any charges as was allways paid ontime more or less, PPI I think it may have been on the card originally but cant remember, I know it wasn't on the card last couple of years. I will see what the SAR turns up, should they send a copy of my signed agreement complete with signature?? and do they have to include transscripts of telephone conversations.

Cheers

Jim

[welshperson3]

Make sure that you make it clear in SAR that you want ALL information that they hold on file.

And then go on to say you will list some of the required information but the list is only part of what you requested and only there to help them.

 

In a SAR you are entitled to all the information they hold and that includes the signed agreement.

 

On the phone issue they will say the work in retrieving them is disproportionate but you can try and if you know approximate dates of the callers you want then that might help you get them.

 

there are lots to put on your list but one that i think might help is communication log it shows all activity of the account that is on computer.

 

wp3

[MandM]

PPI is PPI. If it's longer ago then even better as it will have accrued interest. Same goes for charges.

 

Some will send a signed copy of the agreement with the SAR, some will not. Egg did with mine, most haven't.

 

Your SAR will/should give you a copy of all data they have stored on you - phone transcripts, statements, etc,

 

M

[MandM]

Try this one. That should get your £10 worth

 

 

I require an exhaustive search, and will need to see all records you hold on me, including but not limited to:

 

A transcript of all transactions, including Charges, Fees, Interest, Repayments and Payments and both the original amount of the Credit Amount and any repayments made to any Accounts.

 

Transcriptions or Recordings of all Face to Face Agreement Sales or Payment Protection Insurance Sales Conversations, and any Telephone Conversations Recorded, plus any Notes or Transcripts made in relation to these Conversations.

 

Where there has been any event in the alleged Account history over this period which has required manual intervention by any person, such as to impose Penalty Fines, or Increase Credit Limits, or make adjustments to the Interest Rate, then 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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Copies of any Cancellation Rights sent to me, with a copy of any proof of postage that you hold.

 

True copies of any Default Notice or Enforcement Notice that you sent me, with a copy of any proof of postage that you hold.

 

Documents relating to any Insurance added to any account, including the insurance Contract and Terms and Conditions, date it was added and the date it was deleted. Plus all pre-Sales Training Notes for your Employees Underwriting and Advising on such Contracts of Insurance, and any Sales Notes made during the Negotiation and Sale of such Insurance.

 

Details of any Penalty or other Collection Charges added to any Accounts; 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.

 

Specific details of the fees or Charges levied by any other Agency in respect of any Account and a detailed breakdown of said fees or Charges, what each Charge relates to and on what date said fees or Charges were levied.

 

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

 

A list of Third Party Agencies to whom you have disclosed my personal Data and a detailed summary of the nature of the information you have disclosed.

 

Policy notes in relation to Payment Demands whilst any Account was in Dispute, and at any other time when additional Payment Demands were authorised.

 

Document Management Records and Policy Notes in relation to any Documents handled, Copied or Destroyed during the lifetime of the alleged Account.

 

Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

 

Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

 

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

Full details and copies of any documents upon which you replied when you have provided my personal or financial information to any individual, organisation or third party.

 

Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

Full copies of any correspondence in postal, email or any format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

 

Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

Full hard copy printouts of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/locations.

 

Your registration number with the Information Commissioners Office.

Your Consumer Credit Licence number.

 

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

 

 

Please confirm whether you hold a Physical File with details of my personal and/or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation or communication e.g. Royal Mail, Tracked Courier, by hand or if Copies were sent electronically. Please provide a full copy of this file. Where my Physical File has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access. Please also confirm whether any of the documents held within the Physical File are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984/1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission or authority.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

 

Furthermore, if I discover that I have been a victim of misrepresentation in respect to being sold PPI, then I shall be making a claim under the Misrepresentation Act. Also, if it is found that any nil refund policy upon early settlement is unfair and does not represent your actual costs in administering the PPI policy, a claim will be made under the Unfair Terms in Consumer Contracts Regulations 1999.

 

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them,

Please arrange for this data to be sent to my local branch for me to pick up within the 10 days.

　

Yours Faithfully

Love and Kisses

 

 

Jim Pike

 

 

Obviously it looks better than this on paper.

[Jim Pike]

Thanks Guys Superb,

 

welshperson3,

If you think of any other things to list with communication log please let me know, regading dates of phone calls I remember sometime in 2007 calling IF to cancel my PPI had to call twice as I remember, I have that date written down somewhere in my chaotic filing system, will look it out ready for when my SAR request has been completed minus call log.

 

Hi M&M

If they don't send a signed copy of Agreement (which they didn't for cca) how would I know if they hold one? and how would I get them to send one?

 

Cheers Both

Jim

 

Damn!!!!

 

Just came to post this and M&M beat me to it with a wonderful letter draft to send to my friends at the Halifax

Many thanks M&M I will re-read it again to get the full gist of it and on first look it looks like an OCs Nightmare, bet they will not comply with hardly any of it.

Thanks again

Jim

[MandM]

If they don't send a signed copy of Agreement (which they didn't for cca) how would I know if they hold one? and how would I get them to send one?

 

You don't. Its a bluff from that point.

 

M

[welshperson3]

Hi Jim

 

If they don't comply that is when you start sending the threatening letters:D

 

WP3

[Jim Pike]

Hi Guys

Just a quick one, Do I cary on paying the small amount each month or stop now. Bearing in mind that when I accepted the unlawful termination I put in the letter I would pay this to clear the arrears accrued at the time.

Cheers

Jim

[welshperson3]

if it were me i would pay this months as there are arrears to pay, and when you get a response to SAR then look again that way you know what charges etc you can claim back against the arrears