Brooksdad v Woolwich

[hughes690]

HI TO ALL: Great advice you all offer - hope you can to me.
Not having any detail (other than account no) of closed Woolwich a/c, I sent Data Protection Act request on 12/12/06. Received acknowlegment with my £10 cheque returned to me on 19 Dec 06 saying in course of preparation. My question: Is 12 Dec the start date of my claim or the date on which I receive the data from them?
I ask this because Jan 2001 (six years ago) was when most charges were levied against a/c (£3000-odd) HELP!

[hughes690]

Can someone please advise? Somewhat concerned!

[e28bigalbexley]

Hi Brooksdad
When you sent Data Protection Act Subject Access Request did you use the template in the libary and fill it in as directed, 1/1/07-1/1/01 if you did nothing to worry about if you didnt it can be amended,so dont panic, send off one a week if you want

Keep us informed, and please stay calm

AL

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hughes690]

HI BIG AL: Hello and thanks. I used template letter and followed instructions from 'MoneyExpert.com' site. I presume it is the same?
Will this action suffice?

[hughes690]

Can anyone confirm my action OK?

[Michael Browne]

The 6 years go from when you first became aware of the unlawful charges and contacted the bank about them ie the Data Protection Act request, not from the date of filing your claim

[hughes690]

Thanks Michael: Just to confirm, 12 Dec 06 (see earlier post),
the date of Data Protection Act letter? Most charges against a/c
were in Jan 2001. Please further advise.
I'm so near the 6-year limit and really need reassurance.

[Michael Browne]

Ok, i've just looked at MSE Data Protection Act request and the CAG one is a little more explicit as regards this, since it includes this paragraph:

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

That said though, as far as I'm aware only NatWest routinely dispute charges made beyond the 6 years from the date of filing at court rather than the Data Protection Act letter, but invariably pay up when challenged and quoting s32 of the Limitation Act.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hughes690]

Thanks, again. Starting to feel a little more confident. Will keep in touch after receipt of data. Watching out daily for postie!

[hughes690]

HELLO - Just had a horrible thought: Should I have sent Data Protection Act request and £10.00, or other notification, to DCA as well as Data Protection Act to Woolwich?
Would appreciate further advice.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Michael Browne]

other notification, to DCA as well

Where did they pop up from? A few details might help.

[hughes690]

OH Dear: Woolwich closed a/c and passed/sold debt to dca several years ago. Have been paying monthly instalments since x £30.00 pm. Where di I stand?? I ask: should I make claim there too? Is claim all against Woolwich?

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[e28bigalbexley]

Hi Hughues

Sorry if you spend a little time and fully outline your story we can help as it gets a bit confusing, and you need to relax, dont panic.
Now, yes Data Protection Act Subject Access Request should be sent with £10 (which the woolwich return) DCA i would send a Data Protection Act Subject Access Request to them as well to find out what info they have ie state of the account. You could also ask for deed of assignment they need this from the Bank as they have brought the debt i will get the relevent template for you.
In the meantime please try to deal with my first paragraph.
And Chill

AL

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hughes690]

Thanks BigAl - Having had Woolwich a/c for MANY years, I was made redundant in 1997. Illness then took over my life and things then deterioted financially. In late 2000 and particularly Jan 2001 with a/c overdrawn, cheques, DDs etc charges raised by woolwich snowballed. Living on sickness benefit, funds were not adequate to return a/c into credit. The problem snowballed out of proportion. I opened another a/c with another bank (I have had no problem at any time with this new a/c.which is funded weekly and has cheque book and Debit card - with OD facility).

Several years ago I had contact from DCA and had to make arrangement to pay off several thousand pounds (mostly bank charges) initially £20.00 and lately £30.00 pm. They continue to hound regularly to increase payments.

I remember a letter last year (2006) from DCA stating they had bought debt. I continue payments to them (£30.00pm).

I should also say Woolwich personal loan (which I couldn't repay) I ceased to fund at same time as current a/c. This is also in the same DCA hands (included in £30.00pm payment)

Oh dear! What a mess! My wife and I are pensioners (with our own home, paid for) but without much extra funds. We also receive Pen Cr. and Housing benefit.

Please further advise

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[hughes690]

AL: Need to add - I sent woolwich Data Protection Act request, template MSE site, 12/12/06 (ack by them 19/12/06) I await data. They returned £10.00 fee. Second letter they say response by 30/01/07.

[e28bigalbexley]

Ok
I will get someone to have a look at your thread I dare say that nice man Mr Browne will help out too.
Who is the DCA
Try not to worry too much everything will be ok it might take a little time but we will get there, Promise

If you have already sent a S.A.R - (Subject Access Request) then your time limit is safe (although i believe you can claim back beyond that).
The next move i would sugest is to write to the DCA and tell them that the account is now in dispute due to penalties levied on the account by the bank. This will formally notify them of a dispute.
Have aread round the forum and see what happens also i think in the General forum there is a thread on, I'll find it.

Do you have charges going back more than 6 years?



AL

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hughes690]

Will write, as you suggest, to DCA (Equidebt, tho I deal and pay them via Heatons) who are, I think, solicitors at same address in Warks. Thanks. Having a large brandy just now! I raise my glass to all.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[e28bigalbexley]

Enjoy

[tamadus]

Hi Hughes,

Al asked me to take a look at your thread,

Firstly don't panic, The statute of limitations allows 6 years from when you became aware of the problem. You have made your Subject Access Request so you should receive details back to Dec 2001 and can subsequently claim back to then. I'd be very surprised if they query a couply of months but if they do we just quote sec 36 of the limitations act to them. Thye will have to go into court to dispute it and I doubt they will do that.

Please don't mix info between this site and moneyexpert the sites both take a slightly different approach and mixing the 2 could create confusion.

It's basically now a case of waiting for the Subject Access Request data to come back with regard to Woolwich.

The DCA we deal with slightly differently, write to them requesting a copy of the credit agreements along with copies of the deed of assignments for both accounts. This is under sec 77(1) of the Consumer Credit Act. A £1 fee should be enclosed and they have 12 days from receipt to respond, after which they are in default and it becomes unenforceable without a court, after another month they commit a criminal offence. Template letters are available. Notify them that both accounts are now in dispute and any attempt at enforcing them will be raised in any subsequent court action. That should keep them quiet for a short while

I thought I saw mention of the DCA as being Equidebt but can't find it now, This is interesting as I have only this week been shown a demand from them by somebody else. Enquiries are now being made concerning them. I'll do some checking up on them as I don't recall them on my list.

One last thing Hughes, Dont let them panic you. this whole thing now is being done in a timescale YOU choose not them. If you give them 14 days then they get 14 days not 3 weeks to respond. One thing this site does after years of the banks and DCA's making demands of us is it puts the shoe clearly on the other foot. We are now making demands from them, and we have the law on our side.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[tamadus]

company details for Equidebt who are a trading company:

Name & Registered Office:
EQUIDEBT LIMITED
EQUITY HOUSE
ETTINGTON ROAD
WELLESBOURNE
WARWICKSHIRE CV35 9GA
Company No. 02686796

Registered number with the Information Commissioners Office Z5650973

They actually seem to be fully registered for a change