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mkb

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Everything posted by mkb

  1. Like notice the significant fact that they terminated before sending the default notice - pre-CAG, they would have gotten away with that SAR 40 days are not up til 5th Jan allowing exactly 40 days but should I be allowing extra days cos of Christmas & New Year bank holidays?
  2. Well you've just got to laugh at this lot Termination Notice dated 18/11/09 followed today by............. a Default Notice!!!!!! DN dated 1st Dec for remedy by 15th & sent UK Mail - I KNOW this is totally invalid but it also makes a mockery of the fact that they terminated the A/C & they think that the great British public are so stupid that we will comply!! Sadly, there are probably people out there who would pay up in line with the DN but thanks to CAG who have helped me learn my rights, I'm no longer one of them Can't wait for my SAR to come back
  3. 17days from the date of the letter STILL only works IF IT HAS BEEN RECEIVED THE NEXT DAY. If it was posted 2nd class or UK Mail/TNT etc etc, the delivery would NOT be next day & would in fact be 4 working days so: Example - date on letter is 1st of month & assuming its posted same day 1st class mail is allowed 2 working days for delivery ie 3rd 14 clear days starts on 4th & ends on 17th 2nd class, UK Mail/TNT - allows 4 working days for delivery ie. 4th 14 clear days starts on 5th & ends on 18th Add the fact that the 1st might be a Thurs say & the dates are then all out since Sat & Sun are not classed as working days so in the example given, if the 1st was a Thurs the 1st class delivery would be Mon & 14 clear days takes the date to 19th & 2nd class makes delivery on Wed & the 14 days on the 21st. It is imperative to retain the posting envelope to prove how it was delivered since the OC's don't have the means to prove the posting method but we can cos we've become savvy to their ways
  4. Don't assume it's terminated unless you get a letter telling you it is. LTSB & their associated Co's tend to send stuff like this then continue trying to collect on the a/c. If you want to respond, write back & tell them that the a/c is in dispute because of the lack of CCA as requested xx/xx/xxxx.
  5. Is it a Ltd Co a/c you need? Nat West apparently have an a/c that is designed for new business or for customers who have a poor credit history (having said that, they wouldn't open one for us!!) If its a sole trader a/c, LTSB used to open them without credit checks 2yrs ago but may be different now. Halifax have a passbook a/c (Treasurers A/C) Hope you get it sorted soon.
  6. Various letters received & filed Today's post brings the yellow postcard urging contact with Alex & quoting a reference number. Thought this was against OFT's debt collection advice?
  7. It was suggested that I start a seperate thread for this issue I have with Black Horse. Briefly, OH requested SAR info & got letter back saying pay £10. He replied saying get stuffed, you've already had it. Continued refusal to provide SAR info despite a complaint to ICO so N1 issued to force compliance. Defence received from them stating that they not received the £10. We have confirmation from PO that the postal order for £10 was banked in Sept 09. Now got AQ 149 from court...... Comments, suggestions & help very welcome please guys
  8. The ebay seller is not going nor is obliged to refund the cost of the leads but you could return them to the shop & get the refund from them.
  9. Hahaha - maybe their bleating to the papers will come back & bite them on their sorry backsides. They have given publicity for this fabulous forum and people may just come here to see whats what & then learn about what to do if they are being harassed by the lowly DCA's & their immoral practices. Wonder why they haven't complained about MSE then - silly me, of course Martin Lewis is a TV personality
  10. Lenders cannot be mentioned in the same sentence as ethics! Customers get into difficulty & the lenders just don't want to know!! We have lost of business & will likely lose our home as a direct result. We notify the mortgage co that we are now on Income Support with eligibility for mortage support after 13 weeks & the very 1st thing the lender had done is to issue repossession proceedings - no, "we're sorry you find yourselves in this position what can we do to help?" just a court appointment :mad: Protocols exist to protect borrowers which the lender is supposed to adhere to prior to issuing possession claims but since when did protocols matter to these lenders?? So, despite the fact that the entire monthly payment would be covered plus some off the arrears after 3 months, they choose to repossess, sell the house at a loss since its in negative equity then try to come after us for the shortfall. Sorry, you repossess us then you'll get nothing cos THATS when we'll go bankrupt! Simple facts are that they only listen to the customer when there is something in it for them & the minute a customers circumstances change for the worst, they simply don't want to know. Ethics - don't make me laugh!
  11. Subbing to your thread SB cos I won't be far behind you, claiming on my old T/A account before going Ltd then having LTSB closing Ltd account & putting us out of business
  12. Can't help with pointing you in the right direction but I saved a copy of a different SAR which I feel may do the job (if nothing else, it gives them plenty to be getting on with!) Data Subject Access Request Data Protection Act 1998 Please supply me with a complete list of transactions and charges relating to my complete history with your organisation. I require an exhaustive search, and will need to see all records you hold on me, including but not limited to: A transcript of all transactions, including Charges, Fees, Interest, Repayments and Payments and both the original amount of the Credit Amount and any repayments made to any Accounts. Transcriptions or Recordings of all Face to Face Agreement Sales or Payment Protection Insurance Sales Conversations, and any Telephone Conversations Recorded, plus any Notes or Transcripts made in relation to these Conversations. Where there has been any event in the alleged Account history over this period which has required manual intervention by any person, such as to impose Penalty Fines, or Increase Credit Limits, or make adjustments to the Interest Rate, then 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. 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. True copies of any Default Notice or Enforcement Notice that you sent me, with a copy of any proof of postage that you hold. Documents relating to any Insurance added to any account, including the insurance Contract and Terms and Conditions, date it was added and the date it was deleted. Plus all pre-Sales Training Notes for your Employees Underwriting and Advising on such Contracts of Insurance, and any Sales Notes made during the Negotiation and Sale of such Insurance. Details of any Penalty or other Collection Charges added to any Accounts; 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. Specific details of the fees or Charges levied by any other Agency in respect of any Account and a detailed breakdown of said fees or Charges, what each Charge relates to and on what date said fees or Charges were levied. A copy of any notice of fair use of my data as required by the Data Protection Act 1998. A list of Third Party Agencies to whom you have disclosed my personal Data and a detailed summary of the nature of the information you have disclosed. Policy notes in relation to Payment Demands whilst any Account was in Dispute, and at any other time when additional Payment Demands were authorised. Document Management Records and Policy Notes in relation to any Documents handled, Copied or Destroyed during the lifetime of the alleged Account. Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same. Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. Full details and copies of any documents upon which you replied when you have provided my personal or financial information to any individual, organisation or third party. Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information. Full copies of any correspondence in postal, email or any format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself. Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party. 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. Full hard copy printouts of any 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. Your registration number with the Information Commissioners Office. Your Consumer Credit Licence number. Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision. Please confirm whether you hold a Physical File with details of my personal and/or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation or communication e.g. Royal Mail, Tracked Courier, by hand or if Copies were sent electronically. Please provide a full copy of this file. Where my Physical File has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access. Please also confirm whether any of the documents held within the Physical File are computer generated. Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications. Under the Data Protection Act 1984/1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission or authority. If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. Furthermore, if I discover that I have been a victim of misrepresentation in respect to being sold PPI, then I shall be making a claim under the Misrepresentation Act. Also, if it is found that any nil refund policy upon early settlement is unfair and does not represent your actual costs in administering the PPI policy, a claim will be made under the Unfair Terms in Consumer Contracts Regulations 1999. I enclose the statutory maximum fee of £10. You have 40 Calendar 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 £10 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. 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
  13. There is little chance of Moorcroft taking anyone to court & £200 does not make it worth their while
  14. Pay only what you can afford & as long as you're paying SOMETHING, even if they take you to court, it would look very bad on them. BTW - how much is the debt?
  15. Yes, thats the one & no other letter
  16. Got a letter saying 'You must now pay us the balance outstanding under your agreement' which I have taken to be the TN but no actual letter headed Termination of Account.
  17. Yes for what its worth although it points out loads of stuff that they haven't sent such as comms from Payplan etc for when we were in a DMP with them etc etc - they really aren't the brightest sparks are they when being against the power of CAG Thought the info sent was supposed to come with an explanation of the abbreviations used as well but no list of abbrev either
  18. Thanks dx - had hoped they had done something naughty
  19. Hi gang Is it usual for creditors to do a land reg search prior to making a court claim for an unsecured loan & is it legal for them to do so? If it is not allowed, is there any legislation that can be quoted?
  20. Already done CB & have a nice letter from Post Office confirming it
  21. It would appear to be a common thing with this bank then. I have issued an N1 to force compliance which they have defended followed by their attempt at a SAR response which is incomplete as it doesn't contain half the info I already have but which I need them to disclose as it helps our case Looks like I may be following in your footsteps
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