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.
Am trying to claim charges from 2001/3 on a closed account. Had a letter yesterday following SAR saying
'Unfortunately we are unable to provide you with the information you have requested as it has been deleted from our main computer systems and is no longer available'
They returned my £10 and told me to write to Customer Services with a copy of their letter if I was after charges refunded.
Well, if they really have deleted them, what good is writing to the customer services going to do?
Or are they just hoping I'll go away?
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07
they cant delete data even from a closed account, certainly not when its more recent than six years old anyway.
2001 is the threshold for a closed account so they are probably hoping you just go away.
Send a SAR again with the £10 payment and insist they take the fee and treat as a full Subject access request, remind them they are breaking the law under the data protection act to delete personal information newer than six years old.
Dont Rush - Take Your Time - Dont always take me seriously
If you feel i have helped you then click Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07
Ros2710 hi there also put in that letter that you will report them to the information commisioner for non-compliance and remind them that the 40 days you are allowed to respond by still stands. It is law that they must keep your records 6 years closed or not closed, if they destroyed your data they will be in serious trouble, you could estimate your charges say think a number, double it treble it then add on 2 grand, bet they would find your info then, good luck.
sounds good. I know this isn't a very big claim, probably a few hundred. praps If they dont find info I can add a bit more on!! (I wouldn't really do that)
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07
I am writing to you as directed by your LRC department regarding the provision of the above information. I am enclosing a copy of the letter received from your Data Protection team.
I am astonished that this information has been deleted. Under the Data Protection Act 1998 all information must be kept by law for at least six years
Unless this information is produced within 40 days from my original request (8th January) I will report you to the he Information Commissioner for non-compliance.
I will also pursue a claim for the refund of excess charges using estimated figures.
I am enclosing a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07
hi ros, yeah that sounds ok mate, however me being me would word it a little more punchy than that i think. Dont go over the top but be very firm, let them know that under no circumstances will you back down over this (thats what they are hoping). I would add that you will be not only lodging a complaint with the info commissioner, you will be writing to your local MP and downing street, complaining to the OFT, forwarding all info to the police and lodging complaints with trading standards aswel.
Let them know how much trouble they will be in IF they have deleted anything that belongs to you, and suggest to them that they try and look a little harder this time and i think they might just find your info somewhere around ;-)
Johnny
Dont Rush - Take Your Time - Dont always take me seriously
If you feel i have helped you then click Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.
its just my nature - I have been writing 'nice formal' letters in my job for the past 20 years!!
I'll see if I can be a bit nastier.
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07
thats just my opinion anyway but i wouldnt take any s**t from them and give better than you get Always !
cheers mate and good luck, i'll be watching this space...
Dont Rush - Take Your Time - Dont always take me seriously
If you feel i have helped you then click Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.
Halifax Current Account - £90 won back (Feb 23rd)
Halifax Credit Card - Statement back £200 charged
Halifax Electron - Req.statements 15th Jan not arrived
Barclays - Ready to request statements
Capital One - About to request statements
No. I have threatened them but no luck. It was an acct which finished in early 2003 and I'm not sure whether I had any charges on this one. I decided not to bother. I have already won Aliance and leicester £3467 and have Barclays in small claims for nearly £2000.
I am also helping famiy and friends with theirs.
Alliance prelim 7th Jan £3270
sod off letter 14th Jan
LBA 19/1/07
N1 taken to local court 6/2/07
Offer recived part amount but already in court
WON! WON!full amount !!!!!!!!!!!!!!!!!!!!!!!!! !!!
Barclays prelim £1973 7th Jan
No can do letter 14/1/07
LBA 16/1/07'
part offer received and refused 1/2/07
N1 issued 15/2/07
letter received re defence - they have till 22/3/07
Defence received - 25/3/07
AQ received to be back by 11/4/07
Lloyds TSB trustcard S.A.R - 12th Jan
claim for £126 prelim 12/2/07
sod off letter recd.
LBA 17/3/07