conchy_joe
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Lowell/NCO OH's old Cap1 Card debt - need for annual statements.
conchy_joe replied to conchy_joe's topic in Capital One
Royal Mail seems to have lost this letter. I check the tracking number each day , all I get is " we've got it "....I must wait ten days before I can register a claim. I'll wait until the ten days are up and then send another request. Whilst I was dealing with Lowell I sent off two more CCA requests, one to Cabot and one to PRA Group, both have replied without CCA, should I give the details here, or open up a new topic under each name. -
Lowell/NCO OH's old Cap1 Card debt - need for annual statements.
conchy_joe replied to conchy_joe's topic in Capital One
She is paying a minimum £1 a month, and this was arranged through StepChange many years ago. The only reason that I am asking for advice now is because I was looking through some papers and noticed that the last Annual Statement from Lowell was May 2020. If they do not send annual statements as per the CCA 1974 are they not in default and does this effect there right to continue collecting the debt payments. I've no problem with writing to them requesting a copy of the CCA, but I don't understand how this would help her case. -
Good morning everyone, My partner has an agreement with NCO Resolve/Lowell regarding a debt incurred through Capital One. An agreement was reached with the help of Step Change to repay the outstanding amount with minimum monthly payments. The account was being managed by Lowell , however the last time that they sent an annual statement was 18/05/2020 at which time the outstanding amount was £281.73. In the FAQ at the foot of the statement it reads........." Why have you sent me this statement ? "....... Under the Consumer Credit Act 1974 , we are requested to send account holders an annual statement for any regulated credit agreements they have such as personal loans, credit cards, store cards, mail order accts etc. Could you tell me how the lack of annual statements may effect this arrangement.
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EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Just an update. EDF finally sent a disc with the missing calls although they just missed the deadline. My next task is to collate all of the data, and together with the summary of the whole thing send it off to the Ombudsman and register a complaint. Finally, with regards to my being registered with CAG since 2006, and that I should know my way around by now. In those early days I was solely dealing with Bank charges and PIP, and then again later only when Plevin appeared. Thanks for you help. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
To be perfectly honest I thought that issuing the second SAR would alert them to the fact that they had not completed the first. Also they have now sent one incomplete disclosure and have compounded that with missing the statutory one month deadline on the second Wouldn't the claim letter that I have posted be enough, given EDF's track record to date. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Although I didn't write specifically about the missing calls, I assumed that my second SAR, which apart from detailing the calls also stated that they came from my mobile, would have pointed to the fact that the first SAR was incomplete. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
This why the five missing phone calls are so important, On the fifth call which lasted 44m 19s I specifically pointed out that there were no details of these calls. I went back and forth with the agent regarding the first call..12 May, I made a point of asking if there was any record of this call, finally I asked straight out are you saying that you have no knowledge of this call...she said no. This first call shows me explaining that the £435 had been paid and that would be going to cash/cheque quarterly, they agreed and yet continued to send monthly bills etc. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
The dodgy spelling is down to rushing, but thanks. On 7 October I sent a SAR Specifying the five missing phone calls and detailing the date of each call, the time each call was made and the duration of each call. It wasn't until 1 November the we received the following email from EDF..... I have reviewed your account, and I am waiting for the information to be sent to you, this was requested on the 18October. This can take up to thirty days to process. I have amended the resolution date to the 22 November, to review your complaint, ( this is my next working day ) It's signed by a woman in the Digital Complaint Resolution Team. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Here is the letter I am preparing to send to EDF. Dear Sir/Madam General Data Protection Regulations - Subject Access Request. Account # XXXXXXXXXXXX Letter of Claim. On 26 July 2021 I made a statutory request for disclosure of my personal data. You have complied with the request but the disclosure was incomplete. There were at least a number of items missing of which I am aware, including records of phone calls. Your breech of statutory duty is distressing to me. If you do not complete the partial disclosure which you made within fourteen days of this letter then I shall sue you in the County Court without any further notice. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
I've basically used your letter more or less as printed, however I'm afraid that I didn't make a note of when I received the incomplete disclosure. Other than that it's virtually word for word. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Thanks, You're right. My letter was too long winded, this is to the point. I'll use your guideline as a template and send it off today. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Would you consider this format suitable. On the 26 July 2021 I sent you a Data Subject Access Request for the above account. For the avoidance of doubt, and as stated above, this Subject Access Request require disclosure of all persona data which you hold on me for the entire period of my dealings with you. Under the new General Data Protection Regime, you must satisfy this data disclosure request as soon as possible and in any event within one month. As you have failed in your legal obligation, inasmuch that you have omitted to send copies of the following phone calls, I must inform you that unless I receive this information within fourteen days I intend to take this matter to the County Court. ( details of calls ). When I began this matter it wasn't with the aim in mind to seek compensation, however from the bits that I've read it seems to be expected that you do. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Can you explain what you mean by letter of claim. On 26 July 2021 I sent you a Data Subject Access Request for the above account. For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of all personal data which you hold on me for the entire period of my dealings with you. Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month. As you have failed in your legal obligation I must inform you that I intend to take this matter to the County Court. So as to make clear what it is that I am seeking, so that the court sees that I am informing EDF of the specific items, I should amend the last para' to read. As you have failed in your legal obligation, inasmuch that you have omitted to send copies of the following phone calls ( calls described ) I must inform you that I intend to take this matter to the County Court. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
I agree. The whole matter seems to have fragmented. My original intent was to gather all the information regarding this account....Bills, emails, transcripts and phone calls, and then when I have everything in the correct order, and only then, file a complaint with the Ombudsman. The one thing missing, the one piece of information on which this case stands on is the five phone calls. These calls have the conversation that I had regarding the payment of the outstanding £435 and the agreement by EDF to change the acct to cash/cheque quarterly. The agreement which they failed to live up to. These calls show that I have been authorized to speak on my ex-wifes behalf...made on my mobile with the EDF acknowledging my right to speak for her. Now we have EDF in violation of both of the DSAR's and the Ombudsman and ICO saying that I should write to EDF to give them a chance to explain why. -
EDF failed to meet DSAR deadline.
conchy_joe replied to conchy_joe's topic in Utilities - Gas, Electricity, Water
Here is the draft........... On 26 July 2021 I sent you a Data Subject Access Request for the above account. You failed to complete DSAR inasmuch that five phone calls were missing. I sent you a further DSAR on 7 October 2021. This contained itemised details of the phone calls in question. You have failed to this DSAR in the allotted time. In the event that I do not hear from you within seven working days from the date that you receive this letter, I shall consider taking this matter to the County Court.
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