Got my sar docs back ! what next ?

[hellhasnofury]

Morning All,

Have sent of my first claim for charges and ppi for one of my credit cards(after a lot of help from HHNF!) but the other two have not complied with my S.A.R - (Subject Access Request).

I have sent both of these companies a letter before action,but i was wondering what the actual process is when you apply to the court to force them to comply,are there any particular forms you need to ask for etc ?

 

Thanks Guys:)

Hello Shammy, have you checked that they received them on the royal mail website and did you send them this non-compliance letter. Did they cash the cheque???????

 

Data Protection Act - Non-Compliance - Template Letters.

 

If you did, then you need to report them to the information Commissioners office and ask them for assistance.

 

Have a look for the information in the statutory links in the main page of the forum. There is a complaints form that you can download.

 

Also if it gets to this stage, you can issue court proceeding to get ithe SAR. You will find information regarding this in the bank template letters section on the main page of the forum:grin:

 

Good luck and shout if you need help:-D

[shammy36]

hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!!

[hellhasnofury]

hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!!

 

Hello Shammy,

 

Stop looking for it and it will come to you, works for me;)

 

Well wait and see what they come up with:wink: You can always send another, when you find the receipt for the postal order:)

[shammy36]

hi hell,

will do............ probably flew out of my pocket when i was trying out my new deluxe wheel !!:grin: :grin:

[hellhasnofury]

hi hell,

will do............ probably flew out of my pocket when i was trying out my new deluxe wheel !!:grin: :grin:

 

:lol:

[shammy36]

Hi Guys

Had a reply from one of my ccards that i sent out an lba,checked on the royal mail site it was delivered on the 25,and the reply was dated the 25.

"Dont those lba letters make these people react like stung whippets" !

 

The reply says that their enquires are not yet complete(funny that...when they sent me my S.A.R - (Subject Access Request) they said that enclosed was all the infirmation they hold on me) and would be in touch as soon as possible.

 

Should i give them more time,or carry on with the court route ? I must admit iam not feeling very charitable towards these people at the moment after all the grief they have given me:rolleyes:

[shammy36]

Any views on this guys ?

[shammy36]

bump

[hellhasnofury]

bump

 

Hello Shammy,

 

Did you send the company a preliminary letter and then a letter before action.

 

It is your call really regarding whether or not to give them a bit more time as long as they don't take the tea and the biscuits. or you can issue legal proceeding against them. This will take time to get your particulars of claim correct.

 

On the one hand you will be seen to be fair and give then a reasonable time to respond, on the other they make not take you seriously. On the other hand (oops thats 3) they may come up with the goods.

 

Your call:D

[shammy36]

Thanks for the advice Hell,

The missing co-op statements arrived this morning:) so now time to hit them with the i would like my ppi back letter.No reply from tesco rbs ccard after sending them the lba,times up tomorrow.

 

Many thanks Hell,will keep you updated:-D

[shammy36]

Hi All,

Tesco credit card statements arrived today,even after the royal mail said my sar letter had been lost in transit !!!!!.

I did send them a lba just before i found out from the royal mail website that my sar had not arrived(thanks to HHNF for telling me to wait and see what they come up with:) ) I think it just shows that these institutions are in such a mess with the volume of claims flooding in that they have not got a clue whats going on.Can only be good for us

[shammy36]

Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

[hellhasnofury]

Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.?????????????????

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy,

 

What did you put in the letter you send them:o

[shammy36]

Hi Hell,

It was just a basic cca template letter so i dont understand the three seperate documents thing myself

[shammy36]

Hi

Can anybody help me with this,as its got me stumped.

I realy dont know what they are talking about,or are they just trying to confuse the issue:confused:

[shammy36]

bump

[hellhasnofury]

Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy

 

Ok is this their response to your ca request and Brian Carters are their agents. In what respect are BC their agents, are they a DCA???????

 

Can you post up your letter that you sent them please:D So we know how to respond to this

[shammy36]

HI Hell,

yes brian carter is a dca,but the letter i sent them was a basic cca request from the templates section,unless they are refering to the sar i sent them but they are both from the templates section

[hellhasnofury]

HI Hell,

yes brian carter is a dca,but the letter i sent them was a basic cca request from the templates section,unless they are refering to the S.A.R - (Subject Access Request) i sent them but they are both from the templates section

 

 

Hello Shammy,

 

Have you thought how you are going to respond to this rather biazarre letter from them.

 

I am rather fond of a arguement for arguements sake, can't stand when they give riduculous responses and think that they have the last say:-x

[shammy36]

Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

[alanalana]

Hello Shammy,

do not mean to but in on your thread but I was pleased to see this....

 

"Dont those lba letters make these people react like stung whippets"

 

It is nice to see a response from the people. Sadly my bank ( and I use the terms with reservations ) actually have responded like dead sloths. I am coming up against a solid brick wall with regard to SAR.

 

Good luck with your reclaim

 

aa

[shammy36]

Hi alana'

Just keep to your timescales regarding your S.A.R - (Subject Access Request), then hit them with a non compliance letter then the lba ,thats the one that nearly always gets a reaction its like sticking a pin in their a**e:D

[shammy36]

bump

[hellhasnofury]

Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

 

Hello Shammy,

 

Ok if the Dca have not complied to your request under section 77/79 of the CCA, within the 12 working days they have committed a breach, if this continues for 1 further month they have committed a criminal offence. So the account would be consider in legal dispute after the 12 working days:-D

 

Are the dca owners of the alleged debt or acting on the original lenders instructions;)

[shammy36]

Hi Hell,

After a lot of trawling through my paperwork it was a sar that i sent them on 5/2/08 from a basic template letter on cag.It seems that there are two different depts working on this as they have already complied with my sar weeks ago,then the other day more statements arrived with the letter saying that my request was not valid under uk law from a different dept.What a mess !

 

Regarding the cca request,brian carter are in breach and have gone over the time and have commited an offence. Iam not sure if they own the debt or not,how would i find this out ?

 

Thanks Hell your help is much appreciated