Yb Charges, Ccjs Over 10 Years Ago....

[Alphageek]

Keep us updated & good luck.

[kkatiew]

Hi everyone,

 

I sent the non compliance letter as advised and amended it to suit. I then today, received a letter back from YB as below :-

 

I have contacted our dept which dels with all DSAR and have clarified that we do not issue statements for personal loan accounts. It would be most helpful to assist you with your query regarding charges to the above mentioned account if we had a contact telephone number or you can contact myself at the branch. At the present moment we cannot find any record of any charges relating to the account.

 

Now this account was subsequently passed to Jeremy Sutcliffe who act on behalf of YB, so I can;t believe that there were no charges debited previous to that. Although I have got a handful of letters from Jeremy Sutcliffe and at the bottom of each, a £20 'admin' fee was charged, so I can;t believe YB didn't charge me also.

 

What would you advise of my next step ?

 

Many thanks

Katie

[kkatiew]

Any advice would be appreciated

[Trinity58]

Hi Kkatiew,

 

I haven't got an answer for you but I will watch your thread with interest.

 

I too have had my credit card debt passed to Jeremy Sutcliffe Solicitors. They are also charging me £20 per letter. I would like to know if they can charge this extortionate amount.

 

The staff that work for this firm are not to be trusted. I am talking through experience with them. They will use anything to get what they want from you including bullying and intimidation. But they picked on the wrong one when they picked on me, lol They soon backed off!!!

[Alphageek]

Do not speak to them on the telephone. I know it's a pain waiting, but just let them dig themselves in to a big hole by not disclosing data you have a lawful right to.

[kkatiew]

Hi Trinity & AG,

 

Thanks for your advice.

 

So I just follow the non-compliance steps of 14 days to comply ? When the 14 days are up, what would be the next step ?

 

Many thanks again

 

Katie

[Alphageek]

They have 40 days to reply to your SAR

[kkatiew]

So 40 day limit was up 2 weeks ago. I then sent non compliance letter and the time limit for that is tomorrow. Am I right in thinking if no response by tomorrow that I proceed to court ?

 

Thanks

 

Katie

[kkatiew]

Hi,

 

Just for clarification. Do I now apply to the Court to enforce compliance. If so, what would be my particulars of claim ?

 

Many thanks

 

Katie

[Alphageek]

Take a look here.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[caro]

I have the same problem, and when I rang was told that they only send statements and loans don't have statements, so they don't send info. This is entirely unacceptable, and I too look forward to seeing your progress as I haven't yet got round to complaining to the ICO or to taking them to court over it.

 

Good luck.

[kkatiew]

I have today received a letter from YB as follows :-

 

Unfortunately we are unable to process this request as this loan was paid in accordance with the agreement originally signed. There were no charges or furthur interest added to the account other than the amounts that were agreed.

 

Please contact this branch asking to speak to Joe Charles to discuss the matter furthur.

 

Any ideas ???!!!

 

Katie

[caro]

So if they know all that why don't they send you the documentation to back up what they are saying?

 

I think that you should write back with an LBA for non-compliance with a SAR and complain to the ICO. Sorry I haven't got time for links at the mo.

[kkatiew]

Thats a good point. I think it is now time to write to the ICO and also start proceedings for non compliance.

 

Thanks and will keep you updated

 

Katie

[matyea]

How did you get on with your claim from 1994?

[westwell]

I initially claimed back 2001 - 2006 and was paid in full including court fees and interest. I intend to start a new claim for 1994- 2001

[LS28.5]

My pre 6 years statements are promised to arrive this week & I was wondering did you use the same letter templates as post 6 years?

 

Cheers

 

PS Once I get under way then I will start my own thread.

[westwell]

I haven't started my pre 6 year claim yet, I was just going to have a read through some threads first.

[kkatiew]

Hi,

 

Right. I've since received another letter from YB as follows :-

 

I refer to your request for statements on your personal loan account. Please not that statements are not produced for personal loans and we are therefore unable to provide these.

 

No penalty charges would be incurred unless the personal loan was in default and the agreed repayments had not been met. In such cases, a letter would be issued for which there would be a charge.

 

If your personal loan had been referred to our collections dept and you believe that you may have incurred such a charge (s) please contact them on blah blah blah....

 

We will now consider you DSAR to be closed unless you contact us further.

 

Now what would be the best thing to do ?Contact this collections dept and ask for copy stetements (for which they do not provide!!) or complete a court claim ?

 

Many thanks for any info

 

Katie

[caro]

Under the Data Protection Act they have an obligation to provide the information, and they must have had something to pass on to the collections department.

 

Are you still paying anything on this? I'm thinking your thread may be better in the Debt forum if so, and you may be better asking for a copy of the credit agreement.

[kkatiew]

Hi Caro,

 

Thanks for your reply. I finished paying this a good 2 years ago so i'm not sure where they are coming from. Doyou think I should just proceed to a court claim under the non compliance ?

 

Many thanks

 

Katie

[caro]

In some cases debts can't be enforced if the original signed credit agreement can't be found, but as your loan is paid, it's academic.

 

I do think you should pursue them for non-compliance though.