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.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
''..the costs we incur are borne by the customer''
so they are saying it costs them £12 to press a button and add a £12 charge to your account------would be interesting ask them how they break that down as they would have to justify it to be assessed as 'fair'
''..the costs we incur are borne by the customer''
so they are saying it costs them £12 to press a button and add a £12 charge to your account------would be interesting ask them how they break that down as they would have to justify it to be assessed as 'fair'
Can you post up your default notice?
I don't have a default notice, as I got to the stage that I would shred their letters as soon as they arrived.
They used to call me 8 times a day, and write me two letters every week.
I found a letter recently, and when I opened it, it was confirming that the account had been cancelled and a default registered.
Whether they sent me a default notice or not I have no idea.
Sending you a default notice is part of the due process and needs to be set out in a particular fashion to be effective and lawful--these are often not laid out in the prescribed manner and are challengable.
You should also have a copy to ensure that what they are saying you owe is really what you owe, so in my opinion you should send them a SAR with £10 to cover the fee requsting all data that they hold on you.
Keeping copies of correspondance and logging the frequency of phone calls is usually to your benefit.
You may well need some of this information if and when you get to court.
Other posters might have different views and opinions on this.
I sent them a SAR and all they sent me was statements.
Write back and inform them that you require ALL the data that they hold on you and if they are over the 40 day time limit tell them that you will be making a complaint to the Information Commissioners Office who have the power to take enforcement & fine them £5000.
ACCOUNT NUMBERS:
xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx x
Please supply me with all transactions and charges and all other data relating to my credit card and banking history with your organisation. This includes in particular, but is not limited to, the following:-
1. The original signed, executed credit agreements and any terms and conditions that applied to any of these account at the time of any default and at the time that these accounts were opened.
2. Dated and notated transcripts of all telephone conversations recorded, and of all notes made in relation to telephone conversations participated in by your company, or by any other interested party when dealing with my accounts
3. Where there has been any event in any of my accounts histories since they were opened which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.
[If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.]
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or any companies acting with your authority and on your behalf have sent me, together with a true copy of any proof of postage or delivery that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, and the date it was added.
6. Details of any collection charges added to the 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.
7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of any third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have so disclosed and for what reason.
10. Copies of statements for the entire duration from inception of the credit cards and likewise for the bank account and details of any and all variations to the terms and conditions made applicable to any of these accounts during their existence.
In summary I require a full disclosure of all the personal data that your company holds on me including and not limited to:-
All account information, loan information, contracts, agreements, notes, screenshots, internal correspondence, telephone recordings and any related notes or transcripts, wherever held within the group regardless of the media, form or format in which it is held.
I enclose the statutory maximum fee of £10 by Postal Order No.xxxxxxxxx.
You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA Subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data resulting from this S.A.R. from my local branch of your organisation.
1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements
2. This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.
I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.
Please note that the above address is the one registered with your organisation and which you have previously found to be acceptable.
My previous post applies.....you have to make the runningWrite back* and inform them that you require ALL the data that they hold on you and if they are over the 40 day time limit tell them that you will be making a complaint to the Information Commissioners Office who have the power to take enforcement & fine them £5000.
*When you write detail how little they have sent you.
I think the Default Notice is a Red Herring in this case. Whether one was sent or not, and what it looked like is irrelevant.
I assume it would have included, in the "amount to be paid", unlawful penalty charges and this would render the DN incorrect and, therefore, challengeable.
File at court to recover the penalty charges without further delay.
And, if you are really up for a fight, claim interest in restitution to increase the amount you seek back. You'll have to take the matter right up to just before a final court hearing before BC fold and pay up.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Skyswatter vs SkyCard
?
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Originally Posted by skyswatter
