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.
Ok so they have for the second time sent back my cheque and stated that they cannot find any details on me, the 40 days runs out on monday so any further letters won't reach them in time.
They can't find my details from my address (and previous address) and name and d.o.b.. Is this reasonable to request them to find it from these details as I have no way of getting the account details other than this (have now managed to lose the original agreement again in reams of paper)?
Should I now
a. Send lba under section 7 DPA?
b. Contact the information commisionar?
c. LBA for charges as I can work out roughly how much I overpaid from other sources
d. Something else?
hi blacksheep
i'm sorry, i don't really know how to answer you. personally, i would do b then a. i dunno if that's right, but that's what i would do.
regards
the train of thought has left the station, hope i was on the right platform!!
_________________________ _________________________ __
Lloyds TSB
prelim sent 06/07/06 response rec'd 14/07/06
LBA sent 20/07/06 response rec'd 27/07/06
Moneyclaim filed 22/08/06 Ack'd 30/08/06
Defence filed 26/09/06 AQ filed 12/10/06
hearing set for 10th Jan 2007
Cap One
prelim sent 2nd Nov 2006 First offer rec'd 14th Nov
any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.
Is this for a loan with clysedale ?
If so is it a settled loan ?
And you have charges on it which you are wanting to claim back ?
Yes it is reasonable for you to expect them to find the documents from your name, address, DOB and previous names /addresses. Seems a bit strange they cant fine them - they would have to keep them for a certain period of time by law.
yup is for a settled loan from 2003 and they have put fees on but also defaulted me on it. The default is more important to me - which shouldn't be too hard to get rid of if they don't have my details, but the money would obviously be an added bonus
Ok finally got round to sorting this out a while ago and chased them up the other week.
Found the account details and sent off to get a copy of the default letter - something they have failed to do in way over the allotted time period. Also asked for the fees back.
They've come back with the standard our fees represent our costs blablabla and that we can prove we sent the default letter if need be. Now I was under the impression that they had to provide a copy of tha default letter and within a given time frame - am I wrong? Sort of need to know before I respond to them with a lba.
Blacksheep,
they can provide as many copies of the default letter as they wish...... what they have got to prove is that you received it, and from what I've read of your post ,and the fact they say they have no info on you will make judge scratch his head a bit .....if they dont know where you live or anything about you how can they send you a default letter and have the proof you received it.??
They would have had to send it recorded delivery.
With regard to the time for keeping records they have to keep them for six years to comply with the reguatory timescale laid down by the Inland Revenue and Customs and Excise ( Finance Legislation)
Well they originally couldn't find my details from any of my address's, including the one that all final correspondance went to and the address (same one) that I settled the account from nor the address where the default was registered.
However I recently found the account no. and also I queried the data on my credit file with experian (or equifax) and Clydesdale came back with the same account no. This was the account no. that I used for the cca request and S.A.R - (Subject access request). They haven't and continue to refuse to provide a copy of the default letter and haven't provided any proof it was mailed or received by myself. (and it honestly wasn't - although I had moved)
Clydesdale Finance and DPA
under section 7 DPA?
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