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.
on 7.3.07 i sent reliable collections a letter requesting a copy of my ca,they replied on 21.3.07 enclosing a blank copy saying under sect 78 of CCA they are only required to send a blank copy.i wrote 2nd letter on 23.4.07 saying that disclosure of personasl data is incomplete and giving them 7 days to comply "fully".today i received a letter from "jd williams"saying that they are treating my letter dated 23/4 as an SAR and they enclosed a DATA Subject access request form which require me to complete and return together with £10 which they say is the statutory fee saying that the application cannot be processed until i do this.as of today a total of 54 days have lapsed since my original letter,surely they are legally out of time now. i've followed the proceedure but am not sure what to do now and i think i need to be completely correct with my next letter to bury the sob's.
The letter that you sent them, originally, was it a Data Protection Act SARs (Subject access request) letter. Did you enclose the £10 fee.
If yes to both questions, they have 40 days in which to comply with your request.
If no, then you will have to start again.
I suggest that you spend a few days reading the FAQs and the step by step guide in the library section. That will make thing s a little clearer for you.
Regards, Rooster.
If this has been useful to you, please click on the scales at bottom left of post. Thanks.
Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.
hi rooster,my 1st letter..7/3 was request for a copy of the credit agreement and i enclosed £1.00 for the fee payable under the CCA 1974(sections77-79) telling them that i understood that the doc' should be supplied within 12 working days.my next letter 23/4 stated that they had not provided any notes,or doc's relating to any legal action between them and myself and telling them that they had not complied with there obligations under the data protection act of 1998 and that as time had expired if they didn't comply fully within 7 days i would apply to the county court for an order to enforce compliance.i have i been on the right course.
If it is just a CCA request you are after then the £1 fee will suffice, I wrote off to SimplyBe 9part of JD Williams) for my CCA and all they sent were the terms and conditions I apparently signed up for, which is bollox as under the act they have to send a signed executed agreement!!!
i think perhaps they are trying to move the goalposts since they failed to send a signed photocopy of the original CA within the specified time limit.what i don't know is what the next step is re' not making any more payments and/or notifying relevent authorities ??.by the way they applied the £1.00 fee i sent to my account.
They applied my £1.00 fee to my account too, if they have not complied to the CCA request in 12+2 working days then as I read it they are in default and as such you can cease payments until they produce it, which I doubt they will.
I think you only contact trading standards and the OFT (?) after the 30 days have elapsed since you requested the CCA.
hi layla,the thing that puzzles me is that the original letter i sent wasn't headed as an SAR i simply referred to my account # and requested a copy of the CA,since that time all they have sent me is a photocopy of a blank agreement saying that they are only required to give me that, which is total bs.i wrote back telling them that they had failed to comply and they sent me a letter saying they are treating my 2nd letter as an SAR and enclosed a form to complete which asked for personal details and a fee of £10.00 .as far as i know the letters i have sent are not SAR's-or are they???.and if i have to send them £10.00 for the fee why did i have to send of £1.00 in the first place.
Wait the 12+2 days for them to default and then write to them informing them of the fact and that as they have failed to comply you acknowledge no debt towards them and see what they say!
i received a letter from jd williams in which they state that they have no record of my 1st letter dated 7th march (sent recorded delivery) "or the subsequent provision of any data relating to you".(they sent me a blank agreement)this moronic idiot goes on to say.."in your letter you say that the disclosure of personal data is incomplete making references to documents relating to legal action between you and myself.in that instance surely the originals of the documentation you are making reference to are already in your possession".sounds to me as if they are fishing.i'm not making any more payments to reliable,i'll just wait to see what happens next.
sar-reliable(jd williams)
and they enclosed a DATA Subject access request
Reply With Quote
Re: sar-reliable(jd williams)
