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paulandberyl

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Posts posted by paulandberyl

  1. Forgive me for asking as this may have been covered elsewhere.

     

    Does anyone know what information should I get in a SAR. Should I receive copies of all letters I have sent to the bank and what they have sent to me. Should it include letters received from solicitors etc. If I should have received these then what points of law can I use against the bank if any.

    The reason I ask this is because I received about 20 pages of info for an alleged debt going back over 20 years. They have sent me info going back to 2001. About 90% of it is full of codes and abbreviations.

    Any advice will be gratefully received. Thank you.

  2. Hi.

     

    I don't know if I am in the right area but I wondered if someone would look at the letter I received regarding my SAR request.

     

    Paragraph 3. Any thoughts on this. If they cannot locate the original then I thought they were supposed to send me a reconsituted agreement.

     

    Pare 5. They say they have no record of any telephone calls and yet they have sent evidence of phone calls. These have abreviated comments of things I was supposed to have stated.

     

    Para 6. I thought they were supposed to supply copies of default notices etc.

     

    Para 8. I thought they were supoosed to supply information and not me.

     

    Para 9. So they don't keep anything before 2001. Surely they should.

     

    Last Para. They did not supply any explanatory notes. Most of the stuff they have sent me have abbreviations which I cannot translate.

     

    Does anyone know if they should have included copies of letters I sent to them or that they sent to me and third parties?

    Also does anyone know if there is anything from the above that goes cotrary to the data protection act.

     

    I appreciate your time and thoughts.

     

    Thanks

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  3. HELP !!! FOS Descision - Answer needed before Friday 22 October

    Please can someone help.

     

    This is a bit long winded but I will try to keep it short as possible. I had been paying all my creditors a small amount each month. This was due to being totally dependent on benefits. I acknowledged all the debts except one. This particular bank was offered a
    Full and final
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    settlement offer but they declined. Around 2006 I realised that this debt was not mine. Before that I had been paying this bank a small amount also. Although it was stupid to do so if I didn't acknowledge the debt. in mitigation, I did so because I had been ill for a number of years and the amount was so small, about £2 a month.

    I asked for the credit agreement but they could not produce it because the debt went back to the 1980s. On the advice of Trading Standards I involved the Financial Ombudsman
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    Service. It has taken a number of years for them to the outcome to the conclusion that I must owe the debt because I had been paying. They have now given me until Friday, 22 October to say that I acknowledge the decision or not. They say that the bank should accept this am I originally offered in full and final settlement.

    I cannot accept what has been said. Also the fos
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    has not looked at all the evidence I provided.

    The latest advice be the OFT is that although the debt is not enforceable the bank sent me a default notice and register the default with a credit reference agency. I don't want this to happen because I might need credit in the future. Again I state that I have no knowledge of this debt. I paid off all the other debts and one of them was larger than the one owed to this bank.

    I appreciate any advice given even if it seems yoor eyes that the fos
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    is right.

  4. Please can someone help.

     

    This is a bit long winded but I will try to keep it short as possible. I had been paying all my creditors a small amount each month. This was due to being totally dependent on benefits. I acknowledged all the debts except one. This particular bank was offered a full and final settlement offer but they declined. Around 2006 I realised that this debt was not mine. Before that I had been paying this bank a small amount also. Although it was stupid to do so if I didn't acknowledge the debt. in mitigation, I did so because I had been ill for a number of years and the amount was so small, about £2 a month.

    I asked for the credit agreement but they could not produce it because the debt went back to the 1980s. On the advice of Trading Standards I involved the Financial Ombudsman Service. It has taken a number of years for them to the outcome to the conclusion that I must owe the debt because I had been paying. They have now given me until Friday, 22 October to say that I acknowledge the decision or not. They say that the bank should accept this am I originally offered in full and final settlement.

    I cannot accept what has been said. Also the FOS has not looked at all the evidence I provided.

    The latest advice be the OFT is that although the debt is not enforceable the bank sent me a default notice and register the default with a credit reference agency. I don't want this to happen because I might need credit in the future. Again I state that I have no knowledge of this debt. I paid off all the other debts and one of them was larger than the one owed to this bank.

    I appreciate any advice given even if it seems yoor eyes that the FOS is right.

  5. Please can someone give me some advice regarding a CCA request.

     

    Can a bank, after receiving a CCA request, put the £1 toward an alleged debt? The bank says that the original CCA does not exist due to the length of time. Surely the £1 should be sent back and not just applied to the alleged debt! If I am right regarding this then does anyone know of laws etc that should prevent a bank from doing this?

     

    Many thanks in advance

  6. Hi

     

    I have received a letter from the Information Commissioner re my complaint about a certain bank. I have enclosed here what they have said. Please would someone advise me about it. Many thanks

     

    Case Reference Number

    Dear Mr

    Thank you for returning your correspondence dated ******* 2008, regarding ********

    Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

    You have complained that ******** have not responded to your request for a copy of your credit agreement under sections 77 and 78 of the Consumer Credit Act (CCA).

    It may be helpful to explain that the Information Commissioner regulates and enforces the Data Protection Act 1998, amongst other legislation, but we have no involvement in regulating these section(s) of the CCA. The CCA is regulated by the Office of Fair Trading. As such, this aspect of your complaint is not one that we can look into.

    To pursue this matter you should call Consumer Direct on 08454 04 05 06 for advice or write to:

    Office of Fair Trading

    Fleetbank House

    2-6 Salisbury Square

    London

    EC4Y 8JX

    It may be helpful to explain that sections 77 and 78 of the CCA state that a creditor must give a consumer a copy of their executed agreement within 12 working days of receiving a request in writing and the appropriate fee. The

    Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“CNCD”) specify that every copy of an executed agreement, security instrument or other copy referred to in the CCA and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof However, it is well established that a ‘true copy” is not an exact copy.

    Regulation 3(2) of the CNCD Regulations allows the following to be omitted from any copy:

    a) lnformation in the original which relates to the debtor, hire or surety or is included for the use of the creditor or owner only and which is not required to be included in the original agreement by the Act or by any regulations as to form and content. Therefore it is not necessary for the copy to reproduce, for example, details of the business or occupation of the debtor, the name and address of the employer or bank details of his income etc,

    b) Any signature box, signature or date of signature.

    Therefore there is no requirement for ****** to send you a copy of the original agreement.They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with a copy of the agreement if the credit has been repaid.

    You have also complained that ***** passed your details to a debt collection agency. The Data Protection Act allows an organisation to disclose information if it is required for prospective legal proceedings, including the collection of debts. It is also likely that the terms and conditions of any loan agreement allow information to be disclosed if a debt to another organisation. Therefore it would not seem that **** have breached the Data Protection Act by passing your details to a debt collection agency.

    It may also be helpful to explain that the failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable and should therefore not appear on your credit file. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit reference file or for your details to be disclosed to a debt collection agency.

  7. Hi

     

    Please could someone look at this letter I received from the Information Commissioners Office. I have constantly seen on this site and others that I am entitled to request a signed copy of a credit agreement. The Information Commissioners Office seems to be saying that a company can just send me any old bit of paperwork and that it doesn’t have to be a an exact copy as long as it is a true copy.

    Please would you help me on this as I am now totally confused.

     

    Thanks

     

    Paul

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