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Clydesdale provided me with finance for goods about 4 years ago, I incurred a few charges due to moving house and the old landlord being a prat and refusing me access to my mail (yes I know my fault for not updating addresses before moving).
Anyway decided to try get some of these back and sent S.A.R - (Subject access request) to clydesdale on 24th July. Didn't have my account no. but gave them my old address, new address D.O.B. account that dd's were from and ammount of dd.
Today I received
Dear Sirs
I write further to your letter dated 24th July 2006.
I enclose your cheque to the value of £10.00 as we have been unable to trace any account details.
I would ask that you contact us on 0870 333 6838 to provide more details.
Trusting this is satisfactory
Yours sincerely
Leigh-Ann Paterson
Customer Relations Department
So what should be my next move? My bank (Natwest) is having troubles with their DD records and can't provide me with the ref no. for the DD to clydesdale.
Are they (or will they be in two weeks time) in breech of the Data Protection Act? If they have no record of any account with me can I issue a claim for all monies that I have paid to them, as if I never had an account with them (according to their records) then I have no reason to have paid them anything?
Should I also be going after NatWest for losing DD records and being in breech of the DD guidlines?
Am tempted to write to them stating that I have records of payments if they have no record of me having a contract I request this money back, if I do not receive it within 14 days I will begin legal proceedings. Also maybe contact the information comissionar regarding their loss of data.
Anyway enough rambling - any suggestions greatly appreciated.
*edit*
They also entered a default against me - infact I would pretty much like all their records on me struck from my credit file
Ok looking at companies house I may have been dealing with Clydesdale Finance Limited, which has since dissolved but at the same address is Clydesdale financial services limted - now are they the same?
and they (clydesdale finance) were previously
Previous Names:
Date of changePrevious Name
01/04/1992 CLYDESDALE FINANCIAL SERVICES LIMITED
but when I looked at clydesdale financial services previous name (pindleton limited) it says its changed its names from CARRICK FINANCE LIMITED to Clydesdale finance to Clydesdale financila services. And all in all they are all owned by barclaycard.
Can I go after one or the other, now am a bit confused.
My initial contact was to try get rid of the default and get the charges back. The saying to them I've paid £xx if I have no contract I want it back is a kick up the arse to get them to look harder. I know how much I paid them (aprox) as I have my bank statements.
I agree with the paying for stuff that you have got and am more than happy with the goods that I bought and was willing to pay for them (happy to still have paid for them). Infact I've aired my views on not paying for stuff here http://www.consumeractiongroup.co.uk...aft#post168881
the impression your initial post on this thread gives is that youve seen an opportunity to get all your money back and you intend to exploit it.
If ive misinterpreted it then i apologise but thats how it looks.
Im sure im not the only one who read and interpreted it this way
A & L SETTLED IN FULL
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Blackarse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED
nope, the idea of claiming it was so they might actually bother trying to find the records if there was £1200 at stake. tbh the charges aren't what really bothers me its trying to get rid of the default - the money back from the charges (might be about £200) would be a bonus, if I managed to get the default removed.
Woudl edit the first post - but that would make me look guilty now
Anyway - any suggestions as to wether these companies are the same (same address owned by same company etc), if I can claim from them and if they no longer have my records how to proceed?
Have you read the letters in the templates library by surlybonds for the removal of a default notice?
There are two letters to send both of which go to the bank/finance company.
Also read th default hell thread started by sarahk. Now that will enlighten you!!
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I did read one of the default threads, but if the company denies ever having dealt with methey won't have a record of my default - which will go in my favour (as in they can't claim to have sent me the notice of default) but at the moment they are refusing to deal with me as they haven't ever dealt with me.......
I would send the templated letters, edited to suit your circumstances and then they have an obligatory duty to either find the records or remove the default.
Even if they find the records, if they have defaulted you they have terminated the agreement and in doing so they have terminated having your permission to disclose data to the CRAs.
Either way you win.
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I'm just wondering if they are the same comany though - same address owned by same parent company, but is responsibility passed and records after a name change?
actually looking at it I don't know what penalties they charged (but must have been rather ott) but I overpaid on the original amount by between £5-600 so yes I do want the charges back.
WooHoo through the miracles of having boxes of junk I have found my original credit agreement and it is with Clydesdale financial services. So will write them a letter on mon saying SAR is still on and they only have 10 days left to comply. Fingers crossed I should get my Default removed and hopefully get the overcharged amount back.
Cheers Martin - am a bit more confident in following the default thread now that I know it is the correct company. Will keep everyone up to date with this as and when they reply.
this is the letter that I'm about to send to them - again I state that I am not after the full amount - I don't think that any judge would believe I accidentaly paid a company £1700 for no reason and then left it 3 years before queerying it, it is purely a tool to try to get their attention.
I am writing in regard to my Data Protection Act information request dated 24th July 2006. The disclosure of personal data is incomplete in that you failed to provide any data. In your response you suggest that I phone you to supply further details, I believe that I have supplied sufficient details such as the start date of the account and end date, my full name, date of birth, address’ that I have lived at including the one that you registered a default in may name.
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
You have a further 14 days to comply. Should you fail to comply I will not only be contacting the Information Commissioner but will take your lack of response as admission that I have never held an account with yourselves. As such I will seek to recover all monies that I have paid to you (aprox £1770) with costs and request that all information that you have lodged with any credit reference agency be removed as you are unable to verify its accuracy.
Clydesdale finance
) to clydesdale on 24th July. Didn't have my account no. but gave them my old address, new address D.O.B. account that dd's were from and ammount of dd.
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