S.A.R and CCA's

[Randy Hickey]

Hi, could anyone tell me if I sent a S.A.R to a company and within it specifically asked for a copy of 'A true copy of the actual loan agreement' could/would this be considered to be a request under the CCA 1974.

 

Please can you send me all of the information which I am entitled to under the Section 7(1) of the Data Protection Act 1998. This should include, but not be limited to, the following:

1.A true copy of the actual loan agreement along with copies of all other related documentation, original application forms, checklists, contracts etc.

I sent the S.A.R in January and have not received the Credit agreement, but have only received some loan statements which do not tie up with the payments which were actually made (about £1,500 which I have proof of payment for) as well as it showing about £10k more on the loan than I believe I owe.

 

But now I have had a visit from a sheriffs officer with a citation for the outstanding money on the loan, can I tell them that I have requested a copy of the CCA and not received it or is it too late for that? Also I paid the £10 fee for the S.A.R but not the £1.

 

I would guess that because I didn't send a CCA letter and fee that I have not specifically requested it under the act. Or is there a specified way of requesting it?

 

Thanks in advance

[Goldlady]

Hi Randy, afraid I don't know much about Scottish law, however if I post on your thread hopefully someone who does will come along. If not you could send a PM (personal message) to Rory32 who is one of the moderators and should be able to help.

 

Best of luck

[rory32]

Hi, could anyone tell me if I sent a S.A.R to a company and within it specifically asked for a copy of 'A true copy of the actual loan agreement' could/would this be considered to be a request under the CCA 1974.

 

Yes because you specifically asked for a copy of the agreement.

But now I have had a visit from a sheriffs officer with a citation for the outstanding money on the loan, can I tell them that I have requested a copy of the CCA and not received it or is it too late for that?

What is the Form reference e.g. O5. Did you also receive Form O3 and Form O7? What is the amount claimed? The citation is to let you know that a claim has been lodged against you. Judgement has not yet been passed.

[rory32]

Do you qualify for legal aid? The leaflet here will tell you about legal aid and give you an idea as to whether you qualify http://www.slab.org.uk/getting_legal_help/pdf/2007_Guide_to_civil_%20legal_aid.pdf

[Randy Hickey]

Hi Randy, afraid I don't know much about Scottish law, however if I post on your thread hopefully someone who does will come along. If not you could send a PM (personal message) to Rory32 who is one of the moderators and should be able to help.

 

Best of luck

Thanks GL

[Randy Hickey]

First of all thanks for responding Rory

 

What is the Form reference e.g. O5. Did you also receive Form O3 and Form O7? What is the amount claimed? The citation is to let you know that a claim has been lodged against you. Judgement has not yet been passed.

 

There is a Form 05, 03 & 07 and the sum being claimed is £15k which I know can't be right, but the bank have been very reluctant to provide any details.

 

I believe that 03 is if I want to make an arrangement to pay the monies owed in installments and 07 a notice to defend.

 

As far as I was concerned I was disputing the amount owed with the bank and had not heard anything from them (none of the usual phone calls or letters) until this citation arrived.

 

Do you qualify for legal aid? The leaflet here will tell you about legal aid and give you an idea as to whether you qualify http://www.slab.org.uk/getting_legal_help/pdf/2007_Guide_to_civil_%20legal_aid.pdf

 

I wouldn't qualify for legal aid as I am now back at work after a year off sick, but I do have legal cover with my home insurance.

 

Would this need to go to court even if I have asked for a copy of the CCA which they defaulted on? I also made a mistake in my OP the S.A.R was sent early November, it was a follow up letter that I sent in January.

[rory32]

I believe that 03 is if I want to make an arrangement to pay the monies owed in installments and 07 a notice to defend.

 

Correct. Normally you are given 21 days to file either form with the court. A Notice of Intention to Defend would also need to be sent to the pursuers solicitors at the same time it is sent to the court.

Would this need to go to court even if I have asked for a copy of the CCA which they defaulted on?

The only way it won't go to court is if the pursuer withdraws the case. What information have you received from your SAR regarding this account?

[rory32]

Also how much do you think the sum claimed (£15K) is out by?

[rory32]

Another couple of questions, did you receive a Default Notice or a Letter Before Action on this account? Is it still with the original creditor or a Debt Collection Agency?

[Randy Hickey]

Correct. Normally you are given 21 days to file either form with the court. A Notice of Intention to Defend would also need to be sent to the pursuers solicitors at the same time it is sent to the court. The only way it won't go to court is if the pursuer withdraws the case. What information have you received from your S.A.R - (Subject Access Request) regarding this account?

 

The only thing I have received is a print out of payments made to the loan account, which dose not tie up to what I have actually paid I have made 3 payments which amount to around £1,500 which are not shown on the statement.

 

The last letter I received was apologising for not providing what I had asked for and that my letters had now been passed to the relevant departments to deal with, this was at the beginning of February.

[rory32]

Are there any charges on the account? What did you specifically ask for in your SAR? Also when was the loan taken out?

[Randy Hickey]

Also how much do you think the sum claimed (£15K) is out by?

 

I think it is out by around 10K, the original loan was to clear a previous loan and borrow some extra money the first loan was around £11k and I got £6k on top of that, yet on the print out show nearly £30k loan, which would mean £13k Interest and insurance

 

Another couple of questions, did you receive a Default Notice or a Letter Before Action on this account? Is it still with the original creditor or a Debt Collection Agency?

 

There was a default issued in September 07, while the banks own Insurance was paying the loan(this is when I discovered the amount outstanding), which they where paying until November 2007.

 

The whole thing is driving me crazy as no one at the bank will answer any of my questions.

 

As far as I am aware the loan is still with the bank since I have had no contact with any DCA's for this.

[Randy Hickey]

Are there any charges on the account? What did you specifically ask for in your S.A.R - (Subject Access Request)? Also when was the loan taken out?

 

There doesn't appear to be any charges on the account, but there were no late payments until the insurance took over last year. The loan has been running since 2004

 

This is what I sent to the bank in the original S.A.R

 

I understand that you currently hold personal and financial information within your internal systems with respect to the above account.

 

Please can you send me all of the information which I am entitled to under the Section 7(1) of the Data Protection Act 1998. This should include, but not be limited to, the following:

1.A true copy of the actual loan agreement along with copies of all other related documentation, original application forms, checklists, contracts etc.

2.The original terms and conditions that specify the benefits and exclusions of the PPI that was in force at the time I took out the loan and the PPI.

3.A breakdown of all premiums & interest payments collected for the PPI policy along with details of when these payments were applied to the account.

4.Copies of all documents which include any of my personal information, including copies of any contacts, emails, transcripts of phone conversations or computer records. To include records held as paper, digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations containing my personal information, or any records which pertain to this information.

Where any previous information or records held have been deleted or disposed of, please confirm 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.

 

Additionally, where there has been any event in my account which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the above account . If you are unable to supply this data because there has been no such manual intervention, then please can you confirm this in your response.

 

Please provide full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial data, or which pertains to me.

 

I enclose the statutory maximum fee of £10.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

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

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for data protection.

 

From everything that I asked for I have a 4 page computer print out with the amount borrowed and payments amde to the account since the loan started.

[rory32]

Can you please answer the following question

did you receive a Letter Before Action on this account informing you that court action would be taken?

[Randy Hickey]

Can you please answer the following question

 

No only the default letter in September.

[rory32]

You've got quite a few grounds to defend the claim, but please note though that the type of action that they have brought against you is an ordinary cause action and will require that the defence etc. are done properly in line with the ordinary cause rules. This is more complicated form of action than a small claims or summary cause.

 

While I can help you with your defence and the drafting of it I think it would be to your benefit to get a free consultation with a solicitor on your case at some point soon.

 

You will be able to get a list of solicitors who offer this service from your local CAB, although make sure that the solicitor is well versed in consumer law (many are not). Alternatively you could contact your local law centre for some free advice, although as you do not qualify for legal aid they will not be able to take on your case.

[Randy Hickey]

Thanks for all your help, I will see a solicitor because there is definitely something not right with the whole account. I’ll keep updating this thread when I get anymore information.