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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
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    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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vicmar V BOS Affinty CARD


vicmar
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Hi sent for DPA letter 20th jan received copies today but i think they are incomplete i have checked my credit record but i can't find this particular account number listed just that, the earliest statement if from may 2005 with a debit balance with a credit payment indicating there must be some more earlier statements , the covering letter attached states "i refer to your communication and enclosed a copy of your statement"

 

i believe there is a letter regarding non compliance can i use it in this circumstance

 

please advise

 

Vicmar:confused: :confused:

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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Bump

 

as i have had no respose decided to ammend template 3 with regard to DPA

 

:( thanks guys!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

help needed had a reply plus some statments but incomplete send DPA letter 3 for non compliance but i have still not heard anything

 

is anyone out there willing to help me

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

Hi vicmar, I'll see what I can do. To start with, have you got copies of the letters you sent? Any chance you can copy them on here so we can see what you've done so far?

 

You are correct - if there is a debit brought forward balance, you are missing statements. Will try to advise what to say next but would be good to see what you have already told them first....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Another thing, is this card active or closed?

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi t4ff

firstly hope you can help

point 1 - account closed! but have a copy of last statement with account number!

 

sent general SAR request letter dated 20th Jan 07

statements arrived with covering letter dated 24/02/07

 

statement 1 in bundle states

 

balance carried forward XXXXX

opening balance XXXX

all debit balances

i would have thought if it was the first statement opening balance would be £0.00

after looking on the site i sent the letter posted below

Bank of Scotland

 

Card Services

Pitreavie Business Park

Dunfermline

Fife

KY99 4BS

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20th January 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges, I was under the impression that I have held the account for longer than that the first dated statement of May 2005, I believe it was opened approximately 12 months earlier.

2) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means; it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

dated 27th feb and posted 2nd March

i am not sure of next step as i have not come across this before as my other claims have been compliant.

PLEASE HELP i know the final amount may only be small the the learning experince is great!

Vicmar

 

 

 

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

What you need to do now is stay true to your word and carry out your threat of legal action. There is little more you can do here (in terms of sending them letters). You've done enough chasing round, I would simply file a claim for non-disclosure.

 

This can result in the judge ordering the disclosure of your statements and might also award damages.

 

The information to do this should be around here somewhere so you need to find some information on it. A good place to look would be the abbey and barclaycard forums because a lot of ppl have been filing ND claims due to both being reluctant to give out statements.

 

I also have a link in my favourites to this which shoudl help when you file your claim.

 

I'm not experienced enough to advise you on how to do it (never had to myself) so you will have to hunt around for some info. If you do stumble across some people who have filed claims, point them in the direction of this thread and see if they can advise at all.

 

HTH

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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can i do this on line ?

just checked

 

can anyone advise me on ICO complaints please

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

I've done this. Simply go to their website and print the downloadable claim form. They will not deal with things urgently - due to the current climate they are snowed with complaints right now. Whilst I would make a complaint, ultimately the most progress will come from filing.

 

i take it you mean MCOL website or hmcs website and download N1 form, sorry for acting thick but your advice is very helpful

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

no, was in respone to

 

can anyone advise me on ICO complaints please

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Sorry didnt make that clear

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

icon1.gif Re: bos

Quote:

Originally Posted by vicmar

sorry to be a pest, just to make it clear,

1. i am complaining to the county court

2. i file N1 form with the particulars filled in (ammended as needed) as on this forum

 

and hopefully BOS will comply.

 

just this is the first time this has happened

 

vicmar

 

"I'm not really the person to ask - never done it myself. I have only complained to ICO. If you aren't sure, cos I'm not, post it in a thread or try to find the answers in the forums." reply by T4FF after i sent PM

 

can anyone help,

basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

basic question do i file with CC using N1 for non compliance or do i go down the track of ICO if so how do i do this HELP!!!!!

 

Sorry vicmar, I know I wasn't that helpful, but I thought I had made at least that clear.

 

If you want to get your statements back, you have to file for non compliance and this is what you should concentrate on. The ICO should be an after thought to put your complaint in. The result will come from filing from non-compliance.

 

How to, I don't know though sorry so if someone would be so kind....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Aaaah!

 

Just found this

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

its probably me i just want to be sure i am 100% clear i have down loaded N1 and copied / printed of the particular to add to the N1 will file this week at local court!

 

and will see what happens!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

can any one tell me how much it cost to file N1 under section 7 failure to disclose i placed this thread in general forum ICO Help but no one has come forward with a response ,filed a final demand to BOS if no success will file this week N1

 

can some one help with regard to HOW MUCH IT COSTS?

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

right here goes!!

 

after a lot of research i have decided to send N1 for non compliance will file on tuesday , tried to do on line but ran out of word space , cost though came to £30 for fees, as i am claiming £30 compensation for time of research and postage and phone call!!, they contacted me asking to phone then , but it goes straight to answerphone asking to leave message but no one has yet returned my phone call, also the card service, customer service dept say my account is now held by MBNA as of last june, but i closed the account in April'06 so they could not send statements, but they already have i am just missing some from Aug'04-may'05!!!! confused i am !! as this happened to any one else???

 

anyway i will see what happens after i file on tuesday!

 

happy easter

 

victoria

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

well filed at court today court fee £30 total claim £60.00 well we will see what happens!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

well phoned court today to check on N1 claim v HBOS was filed at court and issued 21st April so heres waiting!!!

 

ps also filed with ICO as well but yet to here anything from them!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

  • 2 weeks later...

Well judgement falls on bank holiday monday not heard a dickie bird from HBOS re N1 claim so heres waiting for tuesday!!

Heard from ICO my complaint has been forwarded in a batch at the end of April so i will see if anything happens!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

well i heard from court on tuesday the filed a defence on 2nd of may , so i an going to write to the court giving copies of correspondance and copies to HBOS solicitors they now have further 10 days (initally served on 21/04/07) so heres waiting again!!!

 

also feeling a little loney has any one else been in this situation regard having to take to court just go get statements?

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

vicmar - ave a look around the forum, you aren't the only one. I have been talking to someone else in RBS forums about doing this (can't remmber who) and I bet there are tonnes in the Barclaycard / Abbey forums too.

 

Have a search for the word non-compliance, bet lots of entries appear!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Share on other sites

  • 2 weeks later...

right,phoned court today no defence filed!!

got home and on my mat, a letter from HBOS with a Cheque for £60!!

(this covers courts cost and compensation!) i sent with the court bundle a pre lim letter for charges around £60, but still not recived missing statements!!!!!

 

so they have asked for a letter comfirming i have contacted court re costs paid, i will request again missing statements and enclose schedule of charges and lets see what happens!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

Link to post
Share on other sites

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