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.
The DPA and any debt they say you owe them are two different issues althogh possibly linked.
If you think the debt they are saying you owe them is made up partly of unlawful charges and is therefore incorrect then you need to challenge that aspect.
If you want data they hold on you, then send the SAR/DPA follow up letter depedning on what stage youre at.
Clealry if the debt contans illegal charges and interest on those then its in their interest as well as yours to get it sorted. So i personally would register a dispute over the debt and continue with a DPa request for information.
Its worht noting that a request under the DPA is not for statments per se, its a request for information they hold on you, so if you wish you can insist they send everythin that comes within the scope of the DPA.
HTH
GLenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
I`m in the same position, as glenuk said, send the SAR and add that the account is in dispute.I also stated that no further correspondance would be entered into until all requested documentation was supplied including pre 2004.
Im not sure what the format for disputung an account should be, all i can say is that if you put it to them formally i understand they must stop action to recover the debt until the dispute is resolved.
So do a search on here and see if you can find info on how to present your dispute. Do it in writng recorded just to make sure.
Secondly if you dont know how the debt is broken down i dont see any reason why you cannot set that out in your letter of dispute asking them to confirm a breakdwon.
If however, the account has been open for a while and the debt has been a crepping escalation of the debt due to charges and interest being impose you may need a detailed breakdwon of your account activity.
I suggest that the 1st thing is to dispute the debt and ask for details of how the debt was calculated.
Once youhave written and sent that if you feel that historically there are loads of other charges then send the SAR as well.
this is all just my opnion, im not an expert but this is what i would start from.
Do some searching see if you can find anything else similar on here.
HTH
glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Owing the bank-apparently
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