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Netyard Vs Egg Banking PLC (Default Removal)


Netyard
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31/01/2007 - S.A.R - (Subject Access Request) Sent

 

 

XX X X XXXX

XXX XXXXX XXXX XXXXX

XXX XX XXXX XXXX

XXXXXXXXX

XXXXX

XXX XXX

 

 

 

 

 

Jenny Gordon

Data Protection Manager

Egg LC

1 Waterhouse square

138 – 142 Holborn

London

EC1N 2NA

Tuesday 31st January 2007

Data Protection Act 1998 Subject Access Request

Dear Jenny Gordon,

Moorcroft Reference No. XXXXXXXXXXXXXXX

Egg Banking LC

Loan Started XX/XX/04

Defaulted £87XX on XX/XX/04

Registered to XX X X XXXX X XXXXX XXX XX XXX XX X XX XXXX X X X X

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation I had a credit card with a limited of £XXXX and I also took out a loan, I then took out a consolidation loan where all three accounts were merged. If that is not possible please send me a complete set of statements all three accounts.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose three £10 cheques which is the statutory maximum fee for all three accounts if required.

 

 

You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £30 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. I have enclosed documentation to assist with this.

 

 

 

 

Yours faithfully,

 

 

XXXXXX XXXXX XXXX

 

31/01/2007 - S.78 Letter - Do they still have the original agreement?

 

Temporally on Hold until I received SAR

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Net. have you done SAR to reclaim your charges? The best way of having a default removed is to do it at the same time as you claim back your charges. If you include this in your POC, then they are more likely to remove it and pay up to avoid going to court.

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I have only got maybe one or two charges on the account, not sent an S.A.R - (Subject Access Request) for the defaults, sounds like a good idea though I've not yet posted the letters was going to send it in the morning, should I send S.A.R - (Subject Access Request) to all of them 1st or at the same time? and how much is an SAR, I sent £10 to Halifax for the SAR.

 

Thanks for the reply

 

Netyard

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Yes. SAR is £10. If this account went into default, there will certainly be charges that were applied. With interest, this will add up to a tidy sum. Even if its a small amount, it will give you a better advantage of getting your default removed. You file for both the charges and default removing and do NOT settle until you get both. They will not go to court over the charges so will be more likely to have to settle/agree the both in order for you to cancel court action.

 

If vodafone and ntl have imposed 'charges' on the account, then yes SAR them too. If not, then you need to tackle them another way.

 

Get SAR off to the others in the meantime. This is the best way to tackle the default. Also make sure you ask for a copy of the agreement and make sure you send them recorded and keep the receipts. You would be suprised how many claim not to have received if not sent by recorded.

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I think I will send a SAR to Egg Banking as I currently owe them about 5k this was an Egg credit card and an Egg loan which I had consolidated into one with, With NTL I only owe them £3 and Vodafone about £300

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Doh... just printed out letter, wrote a cheque for £10 then resealed original envelope lol. I do not have a clue what any of the details are for the two seperate accounts can I still send an SAR just using my name and the reference number I have for the consolidation loan

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You can use ref number for consolidation loan. With regard to other loan and credit card, put title: Credit card/loan and make the first paragraph "I had a credit card/loan with yoursevles from approximately x/200X to x/200X at (address) or (above address).

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Would I need to include £30 SAR fees for the credit card, loan and then the consolidaion loan or will all three be covered with just £10

 

Thanks for your help :D

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Net, unfortunately, I would put three separate cheques in. An SAR needs to be made for each separate account. They have 40 days in which to comply and the clock does not start ticking until they receive the £10. Dont give them any opportunity to delay.

 

I have also known some to reply sending the cheque back saying that they dont make a charge for this service. You may be lucky. Although I've not heard of this with Egg.

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Ok it's got to be worth doing still £30 is less than a Hallifax bank charge :) I will re do my letter to Egg is it best to send all three letters + Default Removal Letter in one envelope or send all 4 seperatly

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Net,

 

I believe stan is mistaken.....

 

You only need to send the one cheque for £10.00, and list the relevent accounts.

 

An SAR covers you for ALL data that they hold on you. It covers the individual applying regardless of the number of accounts in that individuals name, if there are two individuals then 2 x £10.00.

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I can appreciate the advice given, as this has happened.

 

Companies have also credited the S.A.R - (Subject Access Request) fee to the account, and I for one would not be amused if they did that.

 

However, as long as net gives enough information for the other accounts, as you suggested, then they should be able to trace them to him for the £10.00.

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Thanks guys for the info, I will send them 3x £10 cheques for the three accounts just so that they have no excuses, They would return them if Turnaround is correct.

 

However if they put the cheque into my defaulted accounts then I will pursue the matter further as this must come under the sales of goods act whereby I sent them money for S.A.R - (Subject Access Request) and they use it for something else, it's like going to the shop to buy milk and the shop owner decided they will give you something else.

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Hi Netyard,

 

Just wanted to whish you luck!

 

Hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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  • 1 month later...

I have still not received any response from Egg Banking, But they have received my SAR on 06/02/2007 so has been 44 days!!

 

They have not banked the three £10.00 cheques I sent them.

 

Any sugestions...

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Hi Netyard,

 

Have you tried phoning them, I know normally the advice is not to phone, however I had a similar problem when I first sent my request. The problem was solved after a quick phone call and I received my statements a week later.

 

Hope it helps,

 

hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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  • 10 months later...
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