Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi, Firstly GREAT SITE thanks a lot for your willingness to share your knowledge.
I've been looking at this for a while now, and have at last decided to have a go. I have a few questions before I start.
A lot of the info on the site is quite old - is it still extant? Specifically, I was going to write a letter to Egg credit card (who are hassling me for money and not taking "I haven't got any" as an answer) asking for a copy of my original agreement - which is several years old.
I understand that they have 12 days in which to comply - is this still right? then either a) they provide a copy, which I can then check for erros or b) they can't provide a copy, in which case it is unenforceable.
If they were to provide a copy, I would have no idea if it's right, as I don't have my own copy. What then? I understand some companies check them for you for a fee - are they any good? I don't feel confident taking Egg to Court on a subject I don't fully understand.
If they can't, then what? Do I just stop paying? Not sure I dare!!! They'll go mad. Should I start with an easier company, say First Direct, who I got all my bank charges back with just one letter.
Any help gratefully appreciated - I'm about to write my letter and want to be sure they won't just laugh their heads off and tell me to bog off!
Hi, Firstly GREAT SITE thanks a lot for your willingness to share your knowledge.
I've been looking at this for a while now, and have at last decided to have a go. I have a few questions before I start.
A lot of the info on the site is quite old Is It- is it still extant? Specifically, I was going to write a letter to Egg credit card (who are hassling me for money and not taking "I haven't got any" as an answer) asking for a copy of my original agreement - which is several years old. send a cca request
I understand that they have 12+2 days in which to comply - is this still right? Yes then either a) they provide a copy, which I can then check for erros or b) they can't provide a copy, in which case it is unenforceable.Correct
If they were to provide a copy, I would have no idea if it's right, as I don't have my own copy. What then? Post it on here without any personal data showing and people will check it for youI understand some companies check them for you for a fee - are they any good?Why pay someone to do it for you I don't feel confident taking Egg to Court on a subject I don't fully understand. - Like most people at the start but there are plenty who have trodden this route who are only too wiling to help
If they can't, then what? Do I just stop paying? If you like Not sure I dare!!! They'll go mad.So what Should I start with an easier company, say First Direct, who I got all my bank charges back with just one letter.
Any help gratefully appreciated - I'm about to write my letter and want to be sure they won't just laugh their heads off and tell me to bog off!
Thanks
CCA template in the library template N, costs £1 send it recorded do not sign and use a postal order
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
one step at a time, wait for their response for the cca request, keep reading and posting questions in the meantime and you will be surprised how quickly it will come to you.
Thanks, sent off with postal order today. Does anyone know anything about these claims companies who do it all for you? I don't mind paying if they get a result! Speaking of results..... I have yet to read any posts (and I've been reading this forum all afternoon) where someone has actually had the debt written off. Can someone reassure me it's not all just smoke and mirrors??
Ok, I have now been approached by a claims company, I asked them for loads of technical info and "what happens if..." then said thanks I'll think about it! I'll defo put letters in for the three debts I have that are before April 07. Give them 12 days and then see what happens. Unfortunately I have not found any of the original paperwork (it's years old) so I can't compare what they send....does that matter?
Just read a really good one where poker mad had £5k written off by ltsb I think. Took her to the wire though, don't know if I'd have the nerve.
Hi, can i ask what an S A R is please, and when you would ask for it? Ta.
Subject access request (under the Data Protection Act). Costs £10 and they have to send you virtually everything on their files about you and your account(s) within 30 days.
You send it to the credit companies Data Protection Officer (they have to have one).
Useful if you need more info, or time to work out your strategy.
There is a letter template somewhere on this site. Try a search of the site it is BIG.
Dear Sirs,
RE Account NO XXXXXXXX
Thank you for your letter dated xx/xx/2008 the contents of which are noted.
In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.
If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.
However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.
I look forward to receiving the documentation requested
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
Subject access request (under the Data Protection Act). Costs £10 and they have to send you virtually everything on their files about you and your account(s) within 40 days.
You send it to the credit companies Data Protection Officer (they have to have one). - Just send it to your bank or credit card office, you dont have to specify
Useful if you need more info, or time to work out your strategy.
There is a letter template somewhere on this site. Try a search of the site it is BIG.
Dear Sirs,
RE Account NO XXXXXXXX
Thank you for your letter dated xx/xx/2008 the contents of which are noted.
In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.
If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.
However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?
As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.
I look forward to receiving the documentation requested
I did all this and Egg have sent my postal order back and said unless i sign the cca request they will not send me the information asked for.
They did this with me on my SAR-I sent them a copy of my drivers licence with signatire deleted(photocopied a photocopy with a label over the top of it) and my last phone bill.
Having said that I`m still waiting. Either way the account is in dispute as per "approved limit"
Is the "12 day" letter claim extant?
credit card (who are hassling me for money and not taking "I haven't got any" as an answer) asking for a copy of my original agreement - which is several years old.
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Originally Posted by langtonhighway
