This morning the SAR arrived at my folks and had a quick look at the agreement, no prescribed terms and no indication that my folks agreed to the ppi. I will scan the document and post it up for folk to have a look at. Seems they also charged the ppi monthly and at varying amounts.

Just my 2p worth here, 1st credits recent letter states that the last payment was made to the original creditor back in 2005, yet they also claim that a payment was made in 2009. To me that is them giving you prove they lied.

SARS been sent and lets see what turns up

Yeah the chancers are classed as DCA lol

You could always bill them for your time and letters to them, £10 per hour, and 20 quid per letter, and if they don't pay pass it on to another dca lol. Not helpful but fun. Get a sar off to haliprats ASAP

They do need to have paperwork, the fact that they issue sd's like confetti just goes to show the abuse of the processes and used to scare people into paying up, challenge them and get costs, if they do it often enough to u they could end up paying your debt off lol

I don't think there is a time limit about getting them set aside, but I would definitely get the recent one set aside, might be a good idea to check your credit file and see what's there, u might be surprised.

Sar the oc, and I would also look into getting the SD you mentioned for another account sorted out too, it's very doubtful they have any paper work to back it up and getting the sd set aside should be easy, but start a thread for that too.

It is, but next week should be fine, Gives you time to type up the sar and have it ready to go

And send recorded delivery, that way you can prove they got it with a proper paper trail

I'd send them a SAR and get everything they have, which is more ammo for you, and make sure you ask for all copies of notice of assignments, default notices, termination notices and all phone call logs, and everything they hold on u and get reclaiming those charges. It'll keep them busy.

Did you ever send a SAR to halliprats? It might be useful as you can see exactly what they got, and u can start reclaiming charges and any ppi back. Also send 1st crud the account in dispute letter and remind them that the unlawful processing of your information is a breach of your human rights, bet they run away as soon as they realise you ain't no mug.

This is what i'm going to send them.

Littlewoods

PO Box 5592

Northampton

NN4 1ZY

22/07/2012

DATA PROTECTION ACT 1998

Subject access request

Dear Sir/Madam

Your name:

Account No/ No’s

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards*

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and credit card with your organization.

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

- 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 print outs 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.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully

Hi folks, i'm in need of some advice concerning claiming back PPI on some agreements for my mum and dad, they have 4 in total but i just want to tackle one at a time. My biggest concern is the the dates, the oldest being april 2003 for littlewoods. I know i have to draft a DSAR to them, but would a standard template do. This is all new to me as never had to deal with ppi, just DCA's

Hi I have a question concerning CRA's and its relevant to this. If your credit history and that are meant to be for your viewing then how can DCA's and other lenders see the information published on your file. I might be wrong but thought I'd ask. Sorry if I hijacked mate.

it's pointless being nice to them, they only make you angry when they constantly think your wrong to even challenge their so claimed authority so IMHO they deserve what they get.

Signed the petition, subbing to the thread with interest. upto 35 folk on the petition now

here's hoping for a full refund if they know something, can't fight us for long if the rules are on our side.

HBOS did something which i thought is odd, I have been offered half the charges complaint i have on hold with them, £1,132.54 is what i've been offered. Point being there could be a mass flood of these offers going out because of the hearing on the 9th.

just had a look at the agreement in question, i can't see any of the prescribed terms at all, IMO a jugde would look at that and ask where they were and to provide a agreement that conforms to the CCA 1974.

inform IQOR that until the dispute is resolved with the original creditor, you will no longer deal with them and report them to trading standards if they continue pursuing you. Read them the OFT debt collection guidelines as they must have misplaced theirs.

I think the main issue here is for them to enforce it they would have to come up with a properly executed agreement that contains all the prescribed terms in it, also the terms and conditions can not be on a separate document, that is also a breach of the consumer credit act 1974. Challenge them on this and continue to ask for a properly executed agreement that you asked for under section 78 of the act and until they comply with it then no enforcement activity can continue. Also ask for the Notice of assignment which they should provide you with, if they don't have one, challenge them on what document will they be relying in court for the processing of your personal information as the app form does not say IQOR, just halifax.

hi folks, just been reading this thread, and it seems to me that you have an application form, i do remember peterbard getting a letter about it and it took me a little time to find it but here it is, in a sense an application form is Not regarded as a credit agreement and therefore not worth the paper the bank has written it on. I will look into this more, but my understanding is if it's not a legal agreement then they have no rights to process your information as it's an improperly executed agreement and unenforceable under section 127 (iii)

dti

21 December 2006

Re consumer credit act 1974

Thank you for your letter of the 7th of December on behalf of your constituent Mr Peter Bardsley of******************* about a possible irregularity in the Consumer Credit act 1974.

The Consumer Credit (Prescribed Periods for Giving Information) Regulations apply to all the situations that ate listed in the Schedule to the Regulations and this include Sections 77 and 78 of the Act, which are about copies of the executed agreement and not pre contractual information

The Cancellation Notices and copies of Documents Regulations are made under Section 180 of the Act ) power to prescribe the form etc of documents) and Section 180 enables Regulations to be made to provide for including/excluding certain information from copies sent out under the Act. The Regulations apply to all copies sent our under the Act unless specifically excluded in the Regulations themselves.

Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and Conditions when requesting a copy of a signed agreement form. Just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement**

If Mr Bardsley feels that the rules are being flouted he should report the companies concerned to Trading standards and the Office of Fair Trading. It is also a breach of the Act and the Regulations to send the application form rather that a “true copy” of the Agreement.

On the point that Mr Bardsley makes about unscrupulous companies adjusting agreements, If there were a dispute about an agreement, the lender would need to prove to a court that there was an agreement and, it is highly likely that the lender would have to produce the original signed document to prove they had and agreement with the consumer to start with,

The lender should need to prove to a court that there was and agreement **and, it is highly likely that the lender would have to produce the original signed document to prove they had an agreement with the consumer to start with. If the lender can’t prove the existence of the agreement, winning any court case would prove difficult.

Approved By the Minister and signed in His presence

Pp Ian Mc Cartney

Thing to do is write to them with a Section 10 notice under the data protection act asking them to Stop processing your data. If they have no document which to prove they had consent in the first place you can take court action to enforce the notice and get damages too. If they do have the CCA and continue to process your info, you can still take court action as they haven't provided you the grounds that they have to continue such processing.

I had a chat with my local TS officer regarding some issues, Anything to do with SAR requests or section 10 notices have to be dealt with the ICO. TS won't get involved about that but will if it's anything to do with the enterprise act or the new Reg's.