What now !!!!

[The_Wombat]

HI there,

 

I have been trying to obtain details from Welcome Finance on my loan. Postgg gave me a template letter for an SAR request, which they did action, but only got part of it, and a falsified contract was containined in pack

 

I have asked for the original and they never sent this to me. I have written them the following letter, which they have ignored. (I have resent this letter in August and again, nothing

 

What can I do next. They have entered a default on my credit file, and I want to know if I can get them to remove this, if they dont have my paperwork, or do I have to take them to court for this to happen.

 

Letter below.

 

Many thanks in advance

 

Back in December 2009 I wrote to your organisation requesting that you supply me a copy of the agreement for my account. This was by way of a data Subject Access Request sent and signed for by recorded delivery. Enclosed was the fee of £10.00, which was cashed by your organisation. My request extended to the full agreement which bore my signature. Additionally, i require the underwriting sheet or other document showing any commission paid to you by the broker or by you to the broker.

I note the reply from your organisation, that to date I have not received the required data and would you kindly supply the track and trace number so royal mail can look into the loss of this data. I still have not received a true copy of my agreement which i have requested. In view of the circumstances i do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours. Therefore I would ask that you provide me with a copy of the contract which bears my signature, I require the complete document with all its parts .

 

The reasons why I require this information are clearly set out within my original letter dated 24/12/2009 , but for clarity I require this document for the following reasons

 

1.I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

2.Because i believe that there was a commission paid in respect of this agreement which has not been disclosed to me and therefore is a breach of agency law

 

Since this matter 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 this document to me.

 

The disclosure of these documents will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if you fail to comply with my request i will be left no option but to make an application to my local county court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested. 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 in writing by no later than 30/06/2012 that you will comply with my request or if you will not comply, please provide your reasons in writing

[The_Wombat]

Does anyone have any thoughts on this ?!

 

What is my next step ?

 

Do I have to go to court now ?

 

any advice welcome. ta

 

J

[The_Wombat]

bump

[pcr1]

You could try making a data protection complaint - say they are processing your data without your consent, or that it is inaccurate, or both. It's generally a quicker way. Threaten a court injunction. Some limited information here or Google it.

 

Don't hold your breath, though. I made a data protection complaint to them and they sent me a proper copy of the signed agreement! If they don't have it, though, I've got a few DCAs off my case with this method as it forces them to prove it, or stop reporting. Normally they write it off (as well as removing credit file entries).