if they don't provide the docs within the 12+2 timeframe then it becomes unenforceable until they do provide the docs that letter is a standard one that DCA's send when they have to request the info from the original creditor

I can't open that link Andy just takes me to a search page

LS have defaulted me 0n 02/03/13 and they are refusing to change it I SAR'd LS and in the partial reply I got from them was the termination notice which states the date of 18/10/12 They have refused to alter the date so I have raised it with the FOS and ICO But for info here is what they sent me - We are writing in reference to your recent correspondence. We have reviewed your account and would like to share our findings. You borrowed one loan from Lending Stream; the ownership of which has been transferred to Motor Mile Finance Ltd, due to prolonged missed payments (can be contacted directly at 0113 887 6876). We understand that you are concerned about the default reported on your credit file. As the lending industry and the regulatory bodies rely on accurate reporting to the credit bureaus in order to ensure that correct lending decisions are being made, therefore, we do not remove the default mark when it has been reported genuinely. Our records indicates that we did not receive the payments on scheduled dates. We emailed you several notices (Notice of Arrears, default and termination) to the registered email Id and a Notice of Default was also mailed to your registered residential address. Please be advised that we report the default mark on customer's credit file after 180+ day when he/she misses his/her first payment (which in your case is 2nd March 2013 and Notice of Termination (NOT) is send to the customer on the 84th day of account going into arrears (which in your case is 18th October 2012). Hence, the both cannot be on the same date. Our constant message to customers whose circumstances change, or who experience hardship, is to speak to us and we will work something out together. Upon reviewing your accounts, we found that we were never informed about your financial adversity. Had we been informed, we would have helped you clear the debt in affordable and timely repayments. Having said the above, we would like to inform you that the Default has been reported genuinely and we would be unable to comply to your request of Default removal. We appreciate your understanding towards this matter. For further queries, please email us at [email protected] or call on 0203 365 0138 (Monday to Friday between 7 am to 10 pm). Call charges apply. Regards, Lending Stream Complaints Department So they seem to think that they can default me 5 months after a loan was terminated, this should be an easy win at the FOS

Hi, how did you get on today? Hope it went well

my first thought is that is an unexecuted agreement which in my mind means it was provided before the CC was taken out and doesn't have the proscribed terms Andy and DX will be along later to confirm

we need to see the T&C's as that's what they usually cut and paste the only things we don't need are the statements

Witness Statement

yes, with all exhibits except the statements if you let the guys see the WS then we can advise on the best way forward for you

yes that's right

can you upload a redacted copy to a single pdf please they were late filing as well you should of had it 2 weeks before court date

you done it correctly they ask the questions at the start of the call and that is when you answer no to having all the required documents

thanks can you upload your defence and witness statement also any info you've received from them to one mutilpage pdf and the directions from the court after your adjournment

so is this the second claim you have had reference this debt? or did the judge adjourn the hearing for Hoist to provide you with the required info?

in regards to issuing against the individual it state in GDPR article 82 that the controller is liable for the damage caused Also in regards to the ID, as the OP the company has had no problems with emailing me about the alleged account or responding to complaints to the same email address.

the ICO's guidance states - Should we provide a specifically designed form for individuals to make a SAR Standard forms can make it easier both for you to recognise a SAR and for the individual to include all the details you might need to locate the information they want. Recital 59 of the GDPR recommends that organisations provide means for requests to be made electronically, especially where personal data are processed by electronic means,. You should therefore consider designing a subject access form that individuals can complete and submit electronically However, even if you have a form, you should note that a SAR is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, standard email or verbally. Therefore, although you may invite an individual to use a form, you must make clear that this is not compulsory and do not try to use this as a way of extending the one month time limit for responding.

I'm having the same issue with Opos Sent in SAR to their DPO, they responded 2 weeks later asking for ID and me to fill in their form I refused stating I didn't have to fill their form in as per the GDPR guidelines Didn't sent any ID in either due to the fact that the company has been conversing with me by the same email address for a number of years and have also answered complaints to the same email address in the past 3 months I have also issued a small claim against the DPO personally and have been told by email that he shall be defending the claim Heres my thread so far - https://www.consumeractiongroup.co.uk/forum/showthread.php?488580-DSAR-Opos-Ltd&p=5138624#post5138624 you will see that Opos have tied themselves in Knots with the stuff they have been sending me and I shall not be withdrawing my claim

thanks FK, ill start drafting but if I hear anything from Mr Sands in the meantime I shall let you know, im just wondering to see if he will actually issue a counterclaim or whether that was him blustering, because I can't see a reason for him to issue a counterclaim

yeah ill just use the relevant paragraphs of the legislation etc and not attach the full copies etc is it best to tackle one point at at time in ws eg deal with the id issue, then the form and then the failure to provide the info?

yeah ive already downloaded the info from companies house to prove the link between the companies I have a lot of info already - privacy policies for Kapama and oops - showing DPO email address the same companies house info Copy of Opos website showing Mr Sands as head of compliance Copy of ICO guidelines Copy of GDPR Copy of case law Copy of all emails between Opos/Kapama and myself Is there anything else you can think of that I will need? Ive a bit of time before the WS will be due as the return date for the court by Mr Sands is 11/09/18 if they don't reply then I will go for summary judgment if the do then I will need to do a WS

there is no record of Mr Sand under Kapama's website or on companies house he is only listed under Opos but the email address he replies to is in both Kapama's and Opos's privacy policy which I have already downloaded I agree this isn't personal this is about a company avoiding their responsibilities under GDPR as it is a new regulation we need to keep on top of these companies so that we can uphold our rights to our data

I've downloaded copies of both Kapama and Opos privacy policy and in Kapama the email address of their DPO is - [email protected] lol they have tied themselves in knots my only problem is trying to get this all across to the judge in my witness statement. Ive grown a healthy dislike to Sands as he seems to be full of himself and a bit of a bully, but I can take it and believe me by the end of it he'll wish he never crossed me lol

here's and except from Opos's Privacy policy - Accessing Your Data You have the right to see the personal data relating to you that we hold. As a data processor we will forward your request to the relevant data controller for completion. So they have failed under their own policy and how can they pass it to a controller whenever the controller and processor DPO is the same person? They also have previously sent me statements and the CCA by email to the same address

Thanks Fk, that was my understanding of the GDPR you don't have to send individual DSARs to all companies in the same group you can send one and they have to disclose all info for all the groups especially when there is one DPO for them, the only thing is I've seen this somewhere in the legislation but I can't remember for the life of me where I saw it, have you any idea? I just needed some reassurance on the ID bit but I was sure I was covered by them having emailed me previously and me raising complaints thought he same email address and them replying to the complaint Going to let this run and start pulling together my WS - its going to contain the relevant bit of legislation, emails to/from Opos, ICO guidelines and the case law I'm relying on for the compensation I will post it up here for checking when I have compiled it and would appreciate anyones input to it I think Mr Sands is trying to bully me by saying counterclaim but in my eyes my case is open and shut according to the relevant legislation

here his other email - It is correct to say we have sent you information by email but not all information we hold, and your request is specifically for all information is it not? Furthermore, I think you are mistaking Opos Limited as the Data Controller when it is in fact the Data Processor. To confirm: If you only require information that has already been sent to you by email please confirm and we will reissue this information - although if you already have it I would question why it is needed again. If you require information that has not already been disclosed by email, then please complete the form and provide the relevant ID. Your original email specifically states “If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return..” and yet you now refuse to provide this information and have found it necessary to instigate civil proceedings against the Data Protection Officer of a Data Processor and not a Data Controller. Should you wish to retract your claim immediately, and avoid my counterclaim please contact me to discuss this.

could you give me any advice or ask BF to pop in and have a look? Thanks Jon