Unlawful rescission or not?

[Guest HeftyHippo]

There is a template for a SAR in the library section. You need to make the request far ranging to include everything without using technical descriptions - get the description wrong (which you will as yu cant know what they call it) and you wont get what you want.

 

What youre after comes out as screenshots of every transaction on each account, so you want to describe it something like "records/screenshots of all transactions, whether manual or automatic"

 

heres an idea of what to say, given me by another member. make sure you use terms like "including but not limited to" eg give your account numbers and request your data "including but not limited to"those accounts.

 

¨ Details of all transactions, Charges, Fees, Interest, Repayments and Payments and both the original amount of the Credit Amount and any repayments made to any Account.

 

¨ 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.

 

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

 

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

 

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

 

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

 

 

¨ 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 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.

 

¨ 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 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.

 

¨ Details 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 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.

[landy_alert]

Hi HH:)

 

Thanks very much for that - I did have a template one all ready that I'd used previously, but yours has definitely got some extras and covers all bases

 

I tried to click your scales, but need to spread the love around before I can do so again - but a big thank you anyway!

 

Landy x

[DontPushMe]

And when you get the SAR make sure that you note the date it arrived. The supplier might just get the date of the letter head wrong by a week or so. If the SAR arrives by the signed for/recorded delivery service then down load a POD to show when you signed for it. You don't have to be the sender to download a POD!

 

Sorry to hear of the comprehensive destruction of your Disco. Sounds like somebody put a bomb in it!

 

DPM

[Guest HeftyHippo]

Hi HH:)

 

Thanks very much for that - I did have a template one all ready that I'd used previously, but yours has definitely got some extras and covers all bases

 

I tried to click your scales, but need to spread the love around before I can do so again - but a big thank you anyway!

 

Landy x

dont expect to get everything you ask for. most simply send a standard response, so you have to check to make sure you get the important stuff then write back if they've missed anything. if your request is too specific, they treat it as though thats all you want, and thats what they send, hence the "including but not limited to" and "examples being ..."

 

MBNA refused to send me statements saying they arent included in a SAR!

[DontPushMe]

When I didn't receive all that I requested I rang the Information Commissioner's Office and a nice young man was very, very helpful and offered to investigate further if I didn't get what I wanted! I was quite amazed!

 

DPM

[DontPushMe]

Hi Landy, how's it going?

 

In order to avoid swamping your thread I've set up another thread to invite people's thoughts on what is unlawful rescission or repudiation and what comes after you send the Creditor the acceptance letter. The new thread is at

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/271620-what-unlawful-rescission-repudiation.html

 

I hope you get your Disco sorted.

 

DPM

[landy_alert]

Hi Landy, how's it going?

 

In order to avoid swamping your thread I've set up another thread to invite people's thoughts on what is unlawful rescission or repudiation and what comes after you send the Creditor the acceptance letter. The new thread is at

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/271620-what-unlawful-rescission-repudiation.html

 

I hope you get your Disco sorted.

 

DPM

 

Hi DPM:)

 

I'm fine thanks apart from being a bit stressed 'cos of the car issues - hope you're doing ok?

 

Thanks for the link - will pop over and take a look!

 

It's all quiet on the western front at the moment - the SAR went off last week, but no acknowledgement (not that I'm expecting one!) from them.

 

The car is still at the hospital (garage!) awaiting a new engine - having to borrow Dad's Daewoo at the moment

 

Landy x

Edited August 4, 2010 by landy_alert
Added something........

[landy_alert]

Hi everyone!

 

Just a quick update - SAR received today - within time, just. I haven't been through it all as yet, but there are definitely no statements present..........however, these were provided previously by way of the FOS when investigating mis-sold PPI so don't think I'll bother pursuing those.

 

The comms logs are present for both accounts and clearly show that in both cases the accounts were sold several days before the DN remedy date had arrived.

 

Any further advice on how to proceed would be most useful as I would now like to get these issues resolved.

 

Many thanks,

 

Landy x

 

PS Car now fixed and good as new - fingers crossed there are no more probs!

Edited September 9, 2010 by landy_alert
Added PS!

[Dotty50]

Hi Landy,

 

Who are the DCA's and when did you last hear from them?

 

With my MBNA CC's, 1 went to Experto and the other to Hillesdens, both sold before expiry on DN's (both short by one day). I sent UR letters and they responded by denying UR. SAR proves dates sold.

 

Hillesdens have asked for details, I have not yet responded.

 

Experto sent me a CCA (well that's what they say anyway)! Nothing like the signature slip that Virgin had sent. Not responded to that either.

Edited September 9, 2010 by Dotty50

[landy_alert]

Hi Landy,

 

Who are the DCA's and when did you last hear from them?

 

With my MBNA CC's, 1 went to Experto and the other to Hillesdens, both sold before expiry on DN's (both short by one day). I sent UR letters and they responded by denying UR. SAR proves dates sold.

 

Hillesdens have asked for details, I have not yet responded.

 

Experto sent me a CCA (well that's what they say anyway)! Nothing like the signature slip that Virgin had sent. Not responded to that either.

 

Hi Dotty!

 

One was sold to Equidebt - last heard from approx 3 months ago. The other was sold to Apex - nothing heard from them for over a year.

 

We have CCAs for both, but one looks like the T&Cs have been cut and pasted to reverse and the other was signature side only with no T&Cs at all.

 

I don't want this to drag on until they become SB (some years to go yet!), but I'm not sure whether I should be offering them a very low F&F or what in the light of the UR - obviously I've made no mention of this as yet.

 

This seems to have been on the back burner for so long now that I guess I'll have to have another thorough read of all the advice available from DiddyDicky etc as I'm struggling to remember what to do

 

Good Luck with yours btw!

 

Landy x

[Dotty50]

Thanks Landy,

 

I've not had any experience with either of these but if you have not heard anything, I think I would just leave it until such time you do.

[landy_alert]

Thanks Landy,

 

I've not had any experience with either of these but if you have not heard anything, I think I would just leave it until such time you do.

 

Thanks Dotty - you're probably right...........it's just me wanting closure and to avoid court action

 

It does seem very odd that nothing has been heard from one of them for over 12 months, but maybe as they say 'no news is good news' !!!!!!!!!

 

Landy x

[Dotty50]

They are probably too busy chasing and scaring others into paying, who haven't got any idea about what should and shouldn't be done.

 

I do understand what you mean about closure though and avoiding court but only you can make the decision on how to proceed.

[landy_alert]

Thanks Dotty - you're right about that of course..........only we can decide what steps, if any, to take next. Will have a further think and let you know what I decide!

 

Landy x

[landy_alert]

Hi everyone,

 

I haven't done anything or heard anything regarding this since my last post and was just wondering if anyone has any further advice to offer on this please?

 

Whilst I can see that 'no news is good news' and all the while they are doing nothing to pursue this debt I should possibly keep my head down, but I would really like to get these accounts cleared - by paying the lowest acceptable amounts of course! - and as both were unlawfully rescinded I don't want to wait till these go to court.............

 

Many thanks in advance,

 

Landy x

[bustthematrix]

Hi Landy

Yes, waiting around can be dodgy. I suppose it depends on how watertight your case is. You could wait for the six year statute barred duration.

 

worth pursuing.Sometimes the lenders/DCAs are watching the legal landscape to see if any favourable outcomes emerge that can change the game in their favour. hereby turning formerly uncollectible debt into something. May just have to wait and see.

 

As far as the CCA goes, the general consensus amongst the experts is that it's much more of a shield than a sword. Unless you can find breaches and a cause for action based on other areas of law, waiting in the "holding pattern" mode may be all you can do for now.

[landy_alert]

Thanks BTM!

 

I guess at the end of the day only I (and OH) can decide what to do in this instance..........and I think that might just involve making a low F&F offer based on the UR aspect. It won't be any time soon as I'm still waiting on a large PPI payout from Norton Finance, but when that finally arrives I intend to make my move

 

Will keep you all posted,

 

Landy x

[bustthematrix]

...yeah, since a few notorious UCA cases, those ultra-low F&F offers have certainly gained in appeal.

 

All the best Landy

[landy_alert]

Thanks BTM - and to you with yours too