Aqua Credit Card ignoring request to activate PPI, just advised Collections Rep calling on Monday!

[Hannay100]

Update

 

I have put the HO complaints letter together over the past day or so, and even as the first-hand victim of the mass failings I was still somewhat taken aback on seeing the seemingly endless chronology listed-out.

 

In fact it initially made the letter much too long for the *proper* impact on receipt, past the point of being clinically professional and solidly formed, and I have really needed to rewrite much tighter but without losing the edge. Think "Jeremy Clarkson rewrites Tolstoy". Okay, so maybe not Clarkson. Oh I don't know though ...

 

I actually have one or two points just to check, but after that it will go off and then I will await their response which just now I am anticipating will comprise a polite reply in the broadest possible terms and with no admissions/acknowledgements and probably no significant explanations either, and with no substantial offers whether of PPI repayment or reinstatement payments or compensation beyond a nominal few pounds perhaps for show ... Yup, always the optimist!

 

... and then it is all off to Court or whatever ... I might sell tickets, there appears to be some entertainment potential!

 

Watch this space, no doubt more is yet to come - much more if the shameful past few months is any indicator.

 

Warmest thanks to all for helping to get to this stage, I need a keyboard with a dedicated "Thank You" key to do my appreciation full justice!

 

Howard

Edited April 18, 2013 by Hannay100

[citizenB]

My first official complaint to HSBC was 7 pages long:| That was after some serious pruning !

[Hannay100]

Seems I got it about right then

[citizenB]

[slick132]

If the complaint is too long to maybe keep the reader's attention, you can consider writing a complaint letter but include with it a chronological schedule showing date and event.

 

Doing this means you can list items without all the grammatical content you'd normally include in a narrative complaint letter.

 

[Hannay100]

Morning Slick .. and absolutely on the ball again, that's exactly what ended up happening.

 

It was first all that it needed to be, but had passed the point of making an "I know my onions, but importantly I know your onions too!" impression by having become a valid statement but one swamped by content even when pruned to within an inch of its life.

 

So I took the same approach as when preparing a consultancy report, broke it out and presented it as a Juan Sheet (sorry, couldn't resist) robust statement of intent and requirements referencing an accompanying qualifying schedule. Satisfyingly back to the properly professional impact I required. Ole!

 

So we wait .....

[citizenB]

Morning Slick .. and absolutely on the ball again, that's exactly what ended up happening.

 

It was first all that it needed to be, but had passed the point of making an "I know my onions, but importantly I know your onions too!" impression by having become a valid statement but one swamped by content even when pruned to within an inch of its life.

 

So I took the same approach as when preparing a consultancy report, broke it out and presented it as a Juan Sheet (sorry, couldn't resist) robust statement of intent and requirements referencing an accompanying qualifying schedule. Satisfyingly back to the properly professional impact I required. Ole!

 

So we wait .....

 

I thought this was some kind of technical term .. until I googled it

[Hannay100]

Just going over my tracks to be ready

 

 

You should consider claiming :-

 

3. For damage caused to your credit rating with late payment markers and possibly a Default Notice, which would have been avoided if the PPI had kicked in. In this respect, you need to get your CRA files to see what info is currently shown against this a/c.

 

 

 

Is this information centralised and any single Agency will provide the whole picture against a request? I am aware of Experian from their advertising, but I see there are others. Is one in particular recommended for their speed/completeness/whatever?

 

But if there are separate/differing sets of information at different Agencies, who/how-many is it necessary to request from in order to be sure of covering all the ground?

[citizenB]

Not all creditors/lenders use ALL 3 agencies.. Experian are, I think the largest of the 3 agencies.

 

Experian

Equifax

Call Credit

Noddle is a recent one, which appears to be data mining from other sources at the moment.

[Hannay100]

Thank you.

 

My query asked whether I need to check with just one as they all build their information bank from the same sources, or whether there were differences in what they hold either because of focus or scope and I would need to check them all in order to be sure of being complete.

 

I assume therefore that you are identifying the players because I need to check them all?

[citizenB]

Thank you.

 

My query asked whether I need to check with just one as they all build their information bank from the same sources, or whether there were differences in what they hold either because of focus or scope and I would need to check them all in order to be sure of being complete.

 

I assume therefore that you are identifying the players because I need to check them all?

 

 

Sadly yes, that is correct. However, you do NOT need to check Noddle.

 

I have just had a quick look at a Halifax Default Notice because some creditors actually say which Agency they use. However, HBoS simply say "We will pass details of the Default to a licenced Credit Reference Agency"

[citizenB]

Just had a quick whizz through OH's Credit files.. HBoS information is on both Equifax and Experian, but NOT on CallCredit.

 

So that has whittled it down to 2 for you !

 

His files are reasonably up to date.. I ordered these files in November last year.

[Hannay100]

 

thanks SO much!

[Hannay100]

An update, and a question ...

 

My SAR letter was not complied-with inside the 40 days, so I sent a lba which then prompted a last-minute reply undertaking to comply with the SAR by 5 May.

 

Nothing was received up to 4 May, and as 5 May was Sunday/yesterday and today is a Bank Hol any post from 3-4 May might still be in the system for delivery tomorrow/Weds. I am nevertheless preparing to take things to Court immediately to obtain the information should nothing still surface, as I'm already pretty sure I won't be receiving anything in tomorrow's/Weds' postal deliveries.

 

As this is the first time I have had to take these steps I have been looking through threads here in that regard, and I believe I have the correct verbiage etc for the N1 form.

 

I am also aware that particulars entered need to be precise/accurate and I am therefore wanting to avoid things becoming delayed or rejected on a simple technicality, and would appreciate any comment/guidance on entering the Defendant correctly given the following ...

 

The card account is with BOS, which is of course a Lloyds Group brand. My original SAR and subsequent lba went to Lloyds, and the lba response and undertaking came from HBOS DSAR in Leeds.

 

I just want to check that the party named in my suit should still be "Lloyds Banking Group plc" at their Head Office address? Or should that be entered as "Lloyds Banking Group plc/Halifax-Bank Of Scotland"?

 

Or maybe LBG in the headline position but qualified by a line when setting-down the particulars of claim?

 

And if possible can anyone outline briefly what to expect in the days afterward, which I haven't so far managed to come across when looking?

 

Thanks

[slick132]

Hi Hannay,

 

SAR non-compliance PoC's are here - http://www.consumeractiongroup.co.uk/forum/content.php?571-Data-Protection-Act-Non-Compliance-Particulars-of-Claim. However, don't be too quick to involve the courts for the sake of a few days.

 

I would give them a few days grace, particularly if the bank has promised the data in response to your reminder. Also, because of the bank hols, a few extra days shows you are being more than reasonable.

 

[Hannay100]

Hi Slick, and thank you .... been tied up with Bank Hol comings and goings afternoon/evening, hence the delay in responding.

 

On a personal level I had the same feelings. From countless remarks on many threads that I have read these past few months however, I had understood that it was the norm to be rigid with Banks/others where dates/commitments/deadlines were concerned.

 

This seemed as much in order to show strength of intent and ability as to get the whatever-it-is they needed a knuckle-rapping for ... and even more-so in the case of already-broken/defaulted obligations by them, such as non-compliance with SAR and lba

 

In this case I was certain I would actually be very strongly advised "N1 NOW!" if I asked whether or not to allow a grace period.

 

I am prepared to be reasonable

 

Would the rest of the week be deemed reasonable grace??

 

Howard.

[Hannay100]

Duplicate deleted

[citizenB]

Yes, I would say give them until Friday, Hannay

[slick132]

Agreed, and if no response by then, use the w/end to sort out your next moves, ready for posting on Monday.

 

Edited May 7, 2013 by slick132

[Hannay100]

No reply/compliance yesterday or today, so doing so by 5 May as specified is now formally defaulted even taking account of the intervening weekend and Bank Hol.

 

"Next moves"? ... to complete N1 and take it in to my local Court I presume if nothing arrives by the end of the week, unless I have missed something?

 

That was the basis upon which I agreed to their 5 May undertaking, as was advised to them in my acknowledgement letter at the time.

Edited May 8, 2013 by Hannay100

[slick132]

Hi Hannay,

 

Your claim, if it comes to that, will go to the Salford Claims Centre where all claims are now initially processed.

 

See the guide here - http://www.consumeractiongroup.co.uk/forum/content.php?571-Data-Protection-Act-Non-Compliance-Particulars-of-Claim.

 

[Hannay100]

Hi Hannay,

 

Your claim, if it comes to that, will go to the Salford Claims Centre where all claims are now initially processed.

 

See the guide here - http://www.consumeractiongroup.co.uk/forum/content.php?571-Data-Protection-Act-Non-Compliance-Particulars-of-Claim.

 

 

 

Thanks Slick ...

 

Update:

 

Having allowed the suggested few days grace in consideration of last week's Bank Hol, I have still received nothing in compliance with my earlier SAR despite my subsequent lba and their response to that undertaking to comply with the SAR by 5 May.

 

So I am going forward with Court proceedings accordingly.

 

I note that the Salford Claims Centre is more fully called the County Court Money Claims Centre, and from their website appears entirely slanted toward recovering sums of money through the small claims process.

 

I feel that I should therefore check that this is in fact the right place for a claim asking for an order for SAR compliance?

 

Quick questions if so:

 

- Does Salford adjudicate, or instead allocate to the/a local Court and then notify it has done so? And local to the Claimant? (Atttending a Court half way across the country if needed would be more than just inconvenient.)

 

- I am not claiming money so can't use their sliding fee scale. Just go with the start-point on that scale?

 

- I can adjust the above POC no problem for the N1 form, do I need to add copies of the SAR, the subsequent lba, and their response committing to compliance by 5 May that I will be referencing in the particulars?

 

- Para 6 POC relates to damages, which I presume is where reimbursement for postage/time/etc is claimed. I note that the wording states "I estimate this cost to be ...". Is it sufficient just to insert the total there, or is a supporting breakdown required? I can include the N1 fee in that, yes?

 

Do I need to do anything else in support?

 

Thanks to all for the guidance so far, though I suspect the need may well escalate!

[citizenB]

Salford is just a clearing house for claims, Hannay. As a Litigant in Person, the claim will eventually be heard in a court near to you.

 

As for the rest, I simply don't know the answer. I will unroll the S.O.S bunting again

[Hannay100]

Hi!

 

I had expected as much re Salford, it seemed such a logistical nightmare otherwise!

 

Not expecting a hypersonic response I had posted prior to popping out for just a couple of hours to take care of something, thinking to check when I return. I didn't even get half way to the door lol.

 

Gtg, back in a while and thanks for looking in to those other quick Qs.

[slick132]

Hi Hannay,

 

Your claim WILL be a money claim in so much as you seek nominal damages from the court in recognition of the bank's failure to supply the data as required by the DPA. We normally suggest you seek a nominal amount, say, £100 and you can put this at section 6. of the PoC's. However, at section 9., you confirm that the damages is to be set at the discretion of the court.

 

In addition, you will seek an order from the court forcing the bank to disclose the data you're entitled to as per the PoC's.

 

As CitB says, the Salford office will simply (mis)manage the early part of your claim. You may encounter problems if they fail to recognise that your claim refers to Section 7 of the DPA. However, that can be dealt with as and when necessary.

 

You need only mention in the PoC that the Defendant has failed to supply the data as required by xxdate and the failure has continued to the present date. You can send copy documents in due course although Barclays are likely to conform before this is necessary.

 

You mention costs of postage, etc but this will be covered by the nominal amount claimed.