I Need Help

[ThewarstartsNOW]

Hello everyone, I have been reading posts and think it is incredible what is going on here, I am trying to start my first claim.

 

I have attached my first letter that I am sending to all credit card companies, pls advise if I have made any mistakes.

 

I am asking for agreements, all statements so that I can check for charges, any manual intervention, and telephone calls and notes, haveI missed anything?

 

Thanking you in advance

 

 

 

 

[Dear Sir/Madam,

 

 

 

 

RE: DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

Name of account holder:

Account No/ No’sI understand that you currently hold details of my personal and financial information within your internal record systems with regards to the above account

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable.

 

 

 

I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization

 

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same

 

- A complete list of all transactions or statements relating to ALL of my credit cards.

 

 

- Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

 

-Notes in regards to any instances of manual intervention that was necessary in the management of my account, with the names of the actual person/persons who have had to manually intervene in the running of my account.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION

 

I look forward to hearing from you in the first instance of receipt.[/font]

Edited February 10, 2009 by ThewarstartsNOW
wrong format

[cerberusalert]

Yours is giving me eyestrain:)

 

Is this what you mean? You need to include £10 and allow them 40 days.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be lifted

[ThewarstartsNOW]

Thank you, you are a diamond, I am doing this for my father, he has 8 cards for the last 25 years, all with PPI and he doesnt know what it stands for, let alone that it is an insurance policy he could have got from any provider.

 

He is ill, and has diabetes, and I am fed up of seeing him miserable, hence thewarstartsNOW.

 

Once again, thank you, to you and to everyone involved with this site, its almost as if you are angels sent to help.

 

SALUTE

[ThewarstartsNOW]

I have now got the letters ready, I am just trying to work out, would it be okay to send the requests to the address which is shown on correspondence from the banks or the statements, recorded delivery?

 

If someone could pls clarify, thank you.

[cerberusalert]

I would send it recorded delivery to the address given in the letters.

 

Incidently, you are aware that the data you'll get back will probably only go back 6 years?

[42man]

And they have to provide the information they hold within 40 days. If they don't then you should send a LETTER BEFORE ACTION giving them a further 7/14 days to comply, if they don't then take them to court and the judge will award compensation....

[ThewarstartsNOW]

Thank you for your messages, does this mean I will only be able to try to get a refund of the PPI charges for the last six years?

 

When (and if) they dont comply, then I would apply to the court for compensation and also to have the debt declared unenforceable

 

??

[cerberusalert]

If there are alleged debts with these cards it may be better to request a CCA first. With that they have 12 + 2 days to comply. If they fail to do so which will seem likely seeing as the cards are 25 years old, he can legally withold further payments. Or even if they do comply it is still likely that the CCA would be unenforcable given their age.

[cerberusalert]

Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

[ThewarstartsNOW]

Thanks for that, just to confirm that I want to ask for the PPI refund as it was mis sold, should I do this once they send me the agreement.

 

I wanted to look through the statements to see how much PPI was taken, will they send me statements with the CCA request.

 

My father has gradually been worn down by all of this, and I feel I owe it to him to look into this matter for him, he is shortly due to retire and does not need this hanging over his head.

 

He has approx 8 cards which are all over 5 years old, some 10 years , some 20+ years old. He also has two loans, alliance & Leicester which is atleast 5+ years old, and a barclay loan atleast 6+ years old.

 

My aim is to fight all of this to the end, with the help of the angels at CAG, after all, what are sons for.

 

I was watching the westminster questioning of the bankers today, and that was the last straw.

 

thewarstartsNOW

[cerberusalert]

The reason I suggested the CCA first is to see which if any of his agreements are enforceable. Those which aren't can be disputed and he can stop any payments he is making. The CCA is the quickest which takes 12 +2 days compared to the SAR which is 40 days.

 

You will get the same copy of his agreement with his SAR, but he would still be liable for payments during that 40 day period. There is nothing stopping you from sending requests for the CCAs to the debt collection agencies & the SARs to the original creditors at the same time. It will just cost him an extra £8 for the 8 CCAs.

Edited February 10, 2009 by cerberusalert

[ThewarstartsNOW]

Thank you for the mail, my father has only missed 3 payments so far, and so this is not with dca yet.

 

What do you think would be the best way forward?

[cerberusalert]

If that's the case he may as well just request the SARs.

[ThewarstartsNOW]

Thank you for the mail, just to confirm that I will send as per your post number 2 on this thread.

 

Pls confirm

 

Thanking you in advance

[cerberusalert]

Yes that's right #2

[ThewarstartsNOW]

Just to left everyone know, the first week has passed since sending the SARS request on 8 credit cards that are all over 10 years old, on behalf of my father.

 

Still waiting.

 

Just to confirm, I sent them guaranteed next day delivery, with postal orders enclosed for the amount of £10. On the payee section I left it blank.

 

Waiting for them to respond, otherwise will send LBA if they go over the 40 days, and then after that I take it I complain to the Information Officer, have I correctly planned my next two moves ??

 

Thanks:)

[ThewarstartsNOW]

UPDATE

 

Hi guys, I have received the first reply, which is from Lloyds regarding two credit cards, that are over 10 years old.

 

They have replied to say they can see that they do not hold an up to date signature on this file, and so have requested a signature to be sent to them before they can issue the documents relating to the data protection request.

 

I have read on this forum the banks are sometimes doing this so that they can then copy the signature on to appropriate agreements etc, what would be the best way to move forward.

 

Should I ask my father to sign the document in a different signature to his normal, or put a line through it ??

 

Pls advise

 

Thanking you in advance

[ThewarstartsNOW]

Hiya Everyone,

Still waiting to hear what the best thing to do is, 2 of the Credit card suppliers have asked for signature to confirm identity, and one supplier has asked for a copy of ID with signature.

 

PLEASE HELP

[MrMT]

Please don't send them a signature - alternatively, send a unique signature so that it will be obvious if they try to copy and paste it elsewhere! Another alternative is to sign it but then put thick black lines through it or simply print your name.

 

IOW, you don't need to send them anything of the sort and it's good they admit they don't have it, in case it goes to court!

 

There is a letter (please search Threads for "signature") you can send that asks why they're asking for ID now when they've already been sending personally sensitive information without confirming your ID.

 

I just searched for the letter for you, courtesy of maroonedevo52 thought I'm not sure he's the author..

 

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

Edited March 5, 2009 by MrMT

[ThewarstartsNOW]

Hello MrMT,

Thank you very much for the reply, please note that I have not made a CCA request, but have made SARS request, and also would like to confirm the following:

 

MBNA - letter below:

 

For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving license or passport which includes the main cardholders signature). Although statement information has been sent to you at your address a current postal address is not an adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, incl bank details, security information, places of birth and dates of birth, we would require extra identification from our customers.

 

LLOYTDS TSB - letter below:

 

Thank you for contacting Lloyds TSB Bank plc to request your personal information held in automated systems and manual files.

 

I can see that we do not hold an up to date signature for you. For your security if you would like us to go ahead with this request please sign and date the slip at the bottom of this letter. I've enclosed an envelope for you to send it back.

 

 

 

Waiting for responses from the remainder of the banks.

 

I was thinking, can I not get my fathers passport or driving license certified from a solicitor and cover the signature, that way they do not get the signature but they get a certify from a solicitor that this is the original.

 

Pls advise

[MrMT]

Sorry, I was hoping to take some of the strain off the clever ones by helping out with basic enquiries but all I seem to do is misunderstand everyones posts - lack of attention to detail I think it's called. So I'll bow out at this point (can't say gracefully because I'm bound to trip over something on the way!) and go back to lurking... though (dare I say it?) it looks to me like at least one is admitting to not having a signed agreement by you? Best wishes!

[cerberusalert]

Hello MrMT,

Thank you very much for the reply, please note that I have not made a CCA request, but have made SARS request, and also would like to confirm the following:

 

MBNA - letter below:

 

For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving license or passport which includes the main cardholders signature). Although statement information has been sent to you at your address a current postal address is not an adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, incl bank details, security information, places of birth and dates of birth, we would require extra identification from our customers.

 

LLOYTDS TSB - letter below:

 

Thank you for contacting Lloyds TSB Bank plc to request your personal information held in automated systems and manual files.

 

I can see that we do not hold an up to date signature for you. For your security if you would like us to go ahead with this request please sign and date the slip at the bottom of this letter. I've enclosed an envelope for you to send it back.

 

 

 

Waiting for responses from the remainder of the banks.

 

I was thinking, can I not get my fathers passport or driving license certified from a solicitor and cover the signature, that way they do not get the signature but they get a certify from a solicitor that this is the original.

 

Pls advise

 

You can send a photocopy of his driving licence or passport, let them try to wriggle out of that:rolleyes:

[ThewarstartsNOW]

Thank you for your reply, do I need to cover up the signature on these documents when I photocopy them?

 

As otherwise they would get the signature.

 

Pls advise.

 

Thanking you in advance

[ThewarstartsNOW]

Please confirm that my last post is okay, where I certify the passport and remove the signature?

 

Or should I just send the letter above in regards to signature requests, pls advise?

 

Thanks

[cerberusalert]

The signature on those documents would be hard to lift, but if you feel comfortable sending the letter go ahead.