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.
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Have today recieved by Citi financial a recorded delivery package.
In it was a letter which says I need to fill in the attatched form for my DPA information.
They acknowledge reciept of my 10.00 postal order.
The 4 page form asks for name address date of birth and account No start and end date of the account
It asks whether manual intervention notes are required and also gives a space to fill in exactly what you want.
You have to send evidence of address/and person identity (name)
They enclose 2 sheets of guidance notes all reffering to sections of the DPA.
One suggests that open ended requests will not be considered you have to specify exact details not just what information they hold.
Another note states that they will comply within the 40 days of recieving the information on their form...........But I sent MY request on 26th May and the request clearly specified what I wanted.
Do I need to fill in this form ?
They point out that they can refuse a dpa request if they are not satisfied as to the identity,
Can I just send the 2 forms of ID ?
Looks very much like this is a stalling technique
Anyone had experience of having to use their forms ?
:o
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I had the letter as well, filled in the form saying that I didn't believe they neede it.
I got my statments about 10 days after that.I would say its just a tactic to delay but the 40 days starts when you sent your first letter.
Good luck.
Don't fall for it; send 2 proofs of ID from their list, and state in your covering letter that there is no statutory requirement to fill in forms for a Subject access request. Further to this, you require all information they hold upon you for all accounts ever held by you with them.
Remind them that the 40 day clock began when they received your request and payment and that failure to.... blah blah blah
I had added in my dpa letter that I wanted information from account opening to account closure.
That cant really be an open ended request as its specific enough.
They obviously know that if you have missing statements that it is quite impossible to remember the month you opened your account if it was 4 years ago !!
It may be something thats needed to be added in the faqs as clearly they are in their rights to use stalling by asking for proof of ID.
However their request (being sent to me by recorded signed for......goes some way to showing them I still live at the address they have on file,also my signing for their parcel shows proof of name.
Still .....I will join in with their games and send 2 proofs od ID together with a covering letter reminding them of their obligations.
I will be doing my bit for recycling by promptly disposing of their "form" at Tescos paper bank.
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I had this form sent to me too. Their guidance notes waffle on to say that the 40 days starts from when they have recieved the £10 OR ALL the other identities that they may require. I sent my form back with ID (driving licience) the only other info they requested on the form that they had not already recieved in the DPA request letter was my date of birth.
I just did a covering letter sent back with the form stating "the forty days started when you recieved my initial request" etc. A week later the statements turned up"
To be fair Citi as far as I am concerned have performed well so far.
Morgan Stanley and Nat West are well behind them, however its early days yet. I'll keep you posted on Citi and all the best.
Got a letter from them yesterday.
Its basically going on about my applicatiojn for dpa info.
I sent my app and they got this on 30th may.
They then sent me their own form to fill in and send id,
I returned this nd they say they got it on June 20th.and claim this is the date which they could consider as the start of the 40 days usuing reference to s7 3a of the act.
It ends however with them saying they will reply before that and use the original timescale.
How decent and kind of them?
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Got statements today.With those are some notes of telephone calls made to me between 2003/2004 from Citi.
On the top of this are 2 lines of entries 1 says goodbye letter sent and account sold to Hilleseden .....Automated default letter sent to customer. this is dated 11/08/04 but alongside that is again dated 29/04/2005 ?
Under this is another note default notices sent 22/07/04
At the bottom of that it says "All customer service notes prior to this date purged from system"
Quite remarkable that everything else is unavailable except the default notes.....of course which I never recalled seeing and informed them of this.
Looks highly suspicious to me
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Having gone through all my statements I have made some interesting observations.
The credit limit was 150.00 (started off as being Asscciates card) in 2002.
went for a year as Associates in 12 months there were 300 .00 of charges 150.00 of which were refunded....the rest I paid.
After this it changed to Citi card and there were no more refunds just more and more charges which total 775.00 with interest on the penalties amounting to an additional 131.00 from Citi taking over until account end.
When Citi took on my account from Associates my balance was 116.00 and I was up to date.
I continued to pay my account for 7 months but in that time had been hit with charges totalling 300.00 plus overdraft interest.
I did not even use my card after Citi took over and was even paying 20.00 as a card protection fee........when the only protection I needed was against Citi themselves !!
I was defaulted for 820.00 yet their penalty charges and the interest which were acrued from that total 906.77 !
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Following the prelim and the lba.........I got this response today
Thank you for taking time to weite to us about charges added to your account bla bla bla.......goes on to say about oft ruling on 5th April and says they are reducing charges to 12.00 from 28th.June.
Encloses ombi booklet....
Fails to recognise my claim is for charges between 2002 and 2004 that the account is now closed and was defaulted by them Wholly as a result of charges............A standard letter they are sending to recent customers complaining !!
Well they have had their chance for constructive dialogue........now its onto the serious stuff.
My first moneyclaim about to begin !!!
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well done martin mate, it genuinely is exciting when you do your first mcol. It's actually quite addictive, I am racking my brains to think of somebody esle i could do mcol with ! Ah, Abbey !
well done martin mate, it genuinely is exciting when you do your first mcol. It's actually quite addictive, I am racking my brains to think of somebody esle i could do mcol with ! Ah, Abbey !
HA HA...............Well I hope your next claim is not as much hassle for you as the last 1 !!
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Update.I did not file the mc since I have decided to do this in open court on an N1 to allow the default removal to be addressed
I have today rec another letter from them tho.
This comes from their solicitor Brian Smith (although written on Citi letterheaded paper )
What they now say is that they agree the OFT did say the LEVEL of default charges imposed by UK card companies was unfair but that the default fees in themselwes were not unlawful
Mr.Smith adds that they recognise the 12.00 was recommended.
Sooooooooo
In his infinate wisdom and as he is such a generous and astute man,he has put forward the following
that they write off the difference between what my balance was (875,00) allowing for the charges of 12.00 to stand which means writing off 455.00 and leaving me a balance of 420.00
But excuse me.............As the whole amount was penalty related.....?
They go on to say if I take it to court they will defend using the OFT recommendation arguement and also ask for the hearing to be held at their local court !!!
Nothing new there then.........
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Update.I did not file the mc since I have decided to do this in open court on an N1 to allow the default removal to be addressed
I have today rec another letter from them tho.
This comes from their solicitor Brian Smith (although written on Citi letterheaded paper )
What they now say is that they agree the OFT did say the LEVEL of default charges imposed by UK card companies was unfair but that the default fees in themselwes were not unlawful
Mr.Smith adds that they recognise the 12.00 was recommended.
Sooooooooo
In his infinate wisdom and as he is such a generous and astute man,he has put forward the following
that they write off the difference between what my balance was (875,00) allowing for the charges of 12.00 to stand which means writing off 455.00 and leaving me a balance of 420.00
But excuse me.............As the whole amount was penalty related.....?
They go on to say if I take it to court they will defend using the OFT recommendation arguement and also ask for the hearing to be held at their local court !!!
Nothing new there then.........
Looks like we are at same stage simiar amounts as well - I want the default removed and am stuck as what to do next - can we discuss please? my thread is gizmo v citicards (can't do links) and the Brian's reply to my lba is on that - one extra letter than you and the offer of £312 withdrawn. I have searched site but cannot find correct answer.
Just looking through my already large Citi file.........
here we go (this is from their own 8 page form) AUD240
proof of name full driving licence
passport
Birth certificate marriage cert
proof of address full drivers licence
utility bill
bank or credit card statement
benefit or pension book
other equivelant/similar document (whatever they mean by this)
So 1 of each from them 2 lists.
Now they play heavily on section 7. 3. of the act
Basically hiding behind specifics of a request.
However the site temp letter is very descriptive in that it states the information required.
I still have their form.............I told them I had no obs to fill it in.
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I'm thinking that, if I send ID proofs with my SAR, it will deter them from bothering me with their form and thus avoid delay.
Elsinore
I sent copy of passport and gas bill - only filled it in as my name and address had changed since acoount opening -but it only proved that I am who I said I am and not the person originally requesting docs as no marriage cert was sent!
Time to file.
Have left it until the other claims have stopped for now.
Last letter I got was that Citi were going to refund the difference between the 12.00s.......What has everyone else done......deducted the refund and proceed for the rest.....or carry on with a claim for the lot ?
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