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Loser4u

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Posts posted by Loser4u

  1. If they require your signature to comply with the SAR then they shouldn't be writing to you as they haven't confirmed your identy.

    This is what I sent to someone recently who where doing the same

     

    Dear Sir / Madam

    in reply to your letter dated ??????? were you state you are unable to confirm my identity and have stipulated that you require proof of my identity/signature before you comply with my Data Subject Access Request, may I bring the following to your attention

     

    Data Protection Act Good Practice Notes:

    2. Do you have enough information to be sure of the requester Identity?

    Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

     

     

    Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no legislation nor guidelines that you can hide behind in an attempt to avoid fulfilling my legal request

     

    If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office.

     

    If you believe you are correct then before any further contact is made, by either you or a person acting on your behalf, you will need to confirm my identity. The volume of data is irrelevant as the personnel information concerning the account has already been disclosed in previous written correspondence to me at this address.

     

    Yours faithfully

     

    Printed Name

     

    They sent all the data but said they did this as a gesture of goodwill as the above is guidance only.

    I already had an outstanding complaint with them and asked them to add this to the list of complaints

  2. An interesting point, but in most cases the shortfall doesn't get to court, and therefore there is very little point in a CCA request when a detailed SAR will prove that the company are 'hiding'.

     

    Who was your lender and how much was your alleged shortfall? Would you like to reveal that for the forum?

     

    The Claimant was Bank of Scotland and shortfall including charges was about £15k plus also asking for 11 years worth of interest at 8% and estimated legal fees of £10k.

    The mortgage was with a smaller company who where aquired by a couple of other companies before becoming part of the Leeds and then the Halifax.

  3. Loser4u, this is a mortgage shortfall we are talking about, not a loan, a CCA is pointless, won't give any useful information and will be a waste of time and effort.

     

    You really need to do your homework on mortgage shortfalls.

    It depends if the mortgage is covered by CCA or not.

    For me it proved the date the mortgage was taken out, who the original lender was and the terms and conditions.

    This meant I could prove that statements where missing from both the SAR data and the evidence submitted to the court

    Without all the statements the claimant was unable to prove the accuracy of their figures and as a bonus it also proved there was lots of errors in the witness statements.

     

    Yes I have only had to defend the one claim for a Mortgage shortfall but I didn't lose.

    The final bonus was the information commissioner upholding my complaint against the claimant and ruling that I had both been mislead and all the requested data should have been provided including paper records

  4. just a thought babydoll,,do you feel been sold would strenghen your hand to offer full and final(ie smaller%)

    ive done a few f/f now,,still long way to go b4 debtfree but blair oliver s....t just wont budge from95% of debt grrrr

    Blair Oliver and Scott (Bank of Scotland) are Halifax's in house recovery team.

    You won't get anywhere with them and need it to be passed on to an external DCA before you can get a chance for them to accept a Full & Final Settlment.

  5. Mines been sold to them, its nearly SB and account in dispute letter sent to Halifax 4 years ago. No relevant CCA and invalid default notice.

    I'm going through the compaints procedure for failure to pass on adequate history of the account.

    Simple case of either 1st credit knew about the status and ignored it or more likely the Halifax didn't pass on details.

    Been a while since any of them wrote to me but evidence has been kept and once they have sent their final response will be followed up with complaint to OFT.

    I don't know the criteria but I'm getting letters now after nothing for a couple of years.

    The defaults are due to drop off within 12 months and will be SB within a further 12 months.

  6. The original or current creditor should inform you they are passing the account on to some one else and ensure full details are passed on (which most don't)

    The OFT Debt collection Guidelines makes it quite clear what action is required

    Section 3.7 of the updated guidelines deals with this

     

    Advice your friend to answer one of the calls but then refuse to give out any information to a unsolicited call given that the information could be used for identity theft.

    If they want to contact your friend they will need to write to them.

    Westcot are one of the easier ones to deal with.

    Once thy have written to your friend reply with the telephone harrasment letter

  7. Morning Loser4u

     

    I wrote to the court and requested that they accept £50 a month which to this point in time I have had absolutely no response from the court at all - not even an acknowledgement that they have the letter. They do have it because I have called them to confirm but they cant give me an answer why they havent even sent a reply. Disgustimng.

    [/Quote]

     

    Did you use the correct form to submit your offer with such as the N245 without that and the correct fee I don't think the court will even look at it let alone reply.

     

    I would have thought that being offered over twice the amount they were originally offered would have been acceptable to them but it obviously isn't, so instead they have gone for a very aggressive heavy handed response.

     

    With 1st crud it makes no difference.

    I had a regular agreed payment set up with OC when they aquired the debt and continued to make these payments. They ignored this and still went down the Stat Demand route.

    So they ended up with nothing as they had no agreement and an invalid default notice.

     

    If you haven't have you made a Data Subject Access Request to the Original Creditor with the £10 fee.

  8. You are flabbergasted Andy - how do you think I feel? It's ridiculous it really is - I have stated categorically that I will make 6 payments on the 28th of each month and do they respond reasonably to this and say thanks very much, we look forward to receiving your payments? Absolutely not.

     

    Talk about hypocritical - they refuse adamantly to respond to several CPR requests and even now at this stage are trying tro wriggle out of giving disclosure and yet they want to play heavy with me when I have politely declined their offer for me to submit my I&EW statement and have given them a commitment that the balance of the costs order will be paid albeit it not in one go.

     

    I think you might be right about the N245 for the balance.

     

    If you were to do one would it leave you with a negative or minimal balance amount.

    You need to follow the national debtline guidance, only including your income & making the correct provision for Food, Travel expenses, Emergencies, Christmas and Birthdays and all your dependants

    Don't respond yes or no due to the guests but N245 could well be the best way to go

  9. Hi All,

     

    Time for an update and some advice please -

     

    I have finally received a copy of the loan agreement and the loan statement, the agreement is signed but there is clearly a box that was not ticked which is for the Personal Loan Repayments cover, however on the statemtn the Halifax have added a whopping £4618.53 insurance loan plus interest totaling £5869.92!!!!

     

    I am hoping that as the box is not signed, they cannot apply these charges and want to write and ask them to credit the amount plus 8% back onto the account - CAN I DO THIS?!?!

     

    I also think his financial situation would not be nearly as bad if this had not been inflated on his loan and pushed the repayments up as the loan and repayments would have been much lower

     

    Need to know what to do next.....

     

    Thank you in advance!!!

    Is your brother eligible to make a claim on the insurance?

  10. Now you have your brothers authority write to each creditor to explain the situation, ask for interest and charges to be suspended and offer payments of £1 per month for 6 months to give you time to sort out his finances. Send the letter by recorded delivery. More than likely thy will reject and ignore your request and regardless of this make the payments of £1.

    This may be of use latter should they take your brother to court to show they acted unreasonably.

     

    Send SAR and C.C.A. requests to all the creditors by separate letters by recorded delivery.

    You will then be able to find out what data they have and anything you can use in your favour.

     

    If you get any default notices keep them and the envelope that they came in and write on the envelope the date the default notice was received. These quite often still aren't written correctly and allow the correct period of time.

     

    Given the circumstances you have said so far it may be best to think about Bankruptcy but not yet.

  11. In the first letter (1st post) they are not saying they will stop harassing you and they are not admitting that they don't have a case. They say the sums owed are due and asking you for your repayment proposal or they may pass this on for further recovery.

    They don’t need your agreement to discontinue and can do this anyway but are looking to prevent you asking for costs.

    It is up to you if you want to agree or not but given they consider the money is still due its unlikely they will agree to adjust your credit file.

  12. Yes DJ allowed an amended defence which has been already been submitted so this would be another amended defence.

    The date to complete this was by 4pm on the 11 Feb

    The date set for exchange of standard disclosure lists was the 18th Feb

    With exchange of documents to be completed by 4th March - 2 weeks later.

     

    So the defence was submitted without the claimant providing the agreement, statements or anything else other than the detail in the POC which as usual was very limited and vague.

     

    Now disclosure has been completed there are a few additional points I would like to add to the defence.

  13. Ahead of agreeing the trial bundle index I have a couple of queries

     

    If documents are listed in one or both of the parties standard disclosure lists do they also need to be a separate listing and included in the trial bundle?

    There are documents within the disclosure list that I need as part of my defence.

     

    On the judges directions it put the date for filing an amended defence before the claimant had to complete disclosure. So can I file another amended defence now that disclosure has been completed as there are missing and illegible documents. I even have a letter from the solicitor saying they wouldn't disclose before they where required and stating that an amended defence was due to be filed by me first if I wanted to.

    If I can file an amended defence would I need to complete an N244

     

    Thank you for looking

  14. Very similar but mine also said I could access them with a court order at least they have changed who to complain to. All my letters said I could complain to the Financial Ombudsman Service.

     

    I responded with

    "In response that you think paper files are exempt without a court order.

    A relevant filing system includes paper files or records held in a structured filing system.

    It’s my belief these are in structured files and so are not exempt from this request. Since October 2001 this has included all paper records regardless of the date that the file was created.

    If you believe these records are exempt can you please advise the exact clause(s) within the data protection act or your interpretation that you believe makes these records exempt from being supplied."

    I also advised that the I.C.O. investigates complaints regarding D.S.A.R.

     

    They never responded to this letter other than they had complied with the data they had to provided and if I wasn't happy I could complaint to the F.O.S.

     

    In the Halifax's response to the I.C.O. they have stated that it was an individual persons error.

    The I.C.O. letter states that "I was incorrectly advised that paper records are not subject to disclosure and that I would have to apply for a court order."

     

    So despite the assurances they made to the I.C.O. they haven't changed their response to paper records.

  15. Thanks don't worry I have been very persistant and will continue to be

    They have disclosed more in reply to a court order than they have to the DSAR

    Contained within the bundle of documents are copies of Halifax internal emails that shouldn't have been included that confirm they have more detail in the branch records that they haven't included.

    These haven't been disclosed to the ICO yet as the documents came into my possesion after the last correspondance from me to the ICO

  16. Just had a bit of a result with the Halifax and Information Commissioners Office.

    Halifax said that they did not have to disclose paper records / files as these aren’t covered by the DSAR. ICO has said these are covered and I was incorrectly advised.

    They will also hold this complaint on file and take it into account if there are further complaints about the Halifax.

     

    Halifax have 20 days to comply and guess what? - while they have replied they still haven’t given disclosure of all documents.

     

    I have reminded them of their obligations and enclosed a copy of the letter from the I.C.O. and it will soon be time to follow this up with a further letter to the I.C.O. and them if they still don’t comply.

     

    Not a quick process but if everyone who has been told this misleading information by the Halifax and others complains it will benefit everyone in the long term

  17. Finally got all my documents from the claimant and its not looking good for them

     

    1) Illegible agreement I have asked them for a legible copy

    2) No statements for a number of years at the begining of the mortgage

    3) Terms and conditions are for a different company who they didn't become until a while after the mortgage was started pre date the mortgage.

    4) Payments on the shortfall where made by partner who wasn't liable for the debt as the mortgage was with another person prior to this relationship. I have statements from the bank for the whole period proving this and we have separate bank accounts

     

    Am I right in thinking

    No agreement - no debt

    No statements - they can't prove the balances are correct

    Terms and conditions - these aren't relevant

    Interest is statue barred as payments made by third party who isn't liable and action can not be restarted once the time period has lapsed - Over 6 years since any payment made by anyone liable for the debt.

    Outstanding balance is nearly statue barred but this is close and settlement offer was made 7 years after repossesion so this restarts the 12 year rule

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