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.
Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-
1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.
2. Where there has been any event in my account history over this period 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 formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency
3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.
4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).
5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.
6. Specific details of the fees/charges levied by any other agency in respect of this account/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.
7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
9. Copies of statements for the entire duration of the credit agreement/s.
10. Termination notices
PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)[/
You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007
I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
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.
Yours faithfully,
What would you advise as my next step as I feel that the information requested is not that which has been recieved.
Any help would be fantastic ! thanks in advance
Please except my sincere thanks for any help... Knowledge can be dangerous but experience is priceless!
At this stage, I suggest you write back to BC saying:-
Dear sir or madam,
Account No xxxx xxxx
I refer to your reply dated xxdate in response to my SAR dated xxdate.
You have failed to provide a copy of the original signed executed credit agreement relating to my BC a/c number xxxx xxxx.
Please send this to me within 14 days or confirm that you do not have the document.
I am entitled to this along with other documents by virtue of the Data Protection Act. Accordingly, if you fail to provide this important document, complaints will be made to the relevant regulatory bodies including, but not limited to, the fos.
Yours faithfully,
Are there penalty charges on the account. These can be reclaimed in full.
Is there any PPI on the a/c which you think may be inappropriate or mis-sold.
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.