Reduced Payment Arrangement

[1411mac]

Can anyone give any advice?

 

The 40 days for SAR are now up and all I have had is an incomplete set of statements (no agreement, correspondence etc). What is my next step?

 

Cheers

 

(Bye the way I had to re-register hence my changed user name)

[citizenB]

Hi Mac,

 

Did you let them know that there are documents missing ?.

 

Capital One sent me statements and a few screen prints. I wrote back to them with this letter. I have amended it slightly for you, however, you will have to put in your own dates for when you sent/received documents etc.

 

"Data Protection Act 1998 Subject Access Request

I am in receipt of a set of incomplete statements in respect of the above DPA request made on the XX XXXX 2008. You received that request on XX XXXX 2008.

 

Unfortunately this does not fulfil my request which I believe was fairly specific in requirements.

 

My original letter dated and received as above, allowed for you to provide the information by the "" XX XXXX (40 days). I will in the circumstances consider a further 7 days extra for you to provide the information I have requested and will expect to receive same by the latest XX XXXX 2008 . Should I not be in receipt of the information I require by that date, I will be making a complaint to the Information Commissioner’s Office without further reference to yourself.

 

Whilst not exhaustive and for the avoidance of doubt, I will list again the information I requested and still require.

 

 

List here the items that are missing or that you specifically require ie, Missing statement dates, copy of the agreement, etc. etc.

[1411mac]

Citizen,

 

This is what I sent to them on 7th August

 

Thank you for your letter dated 31 July 2008 regarding the above together with partial information as requested.

The data that you have provided does not contain the information as follows:

1. Details of statements for the period 24/09/2005 and 24/02/2008.

2. Records of manual interventions do not show entries between 03 November 2003 and May 2008

Additionally you have failed to provide me with copies of all contracts and correspondence connected with the account as per my original request. For ease of reference I attach a copy of my original Subject Access Request.

Therefore I should be grateful if you could comply with my request in supplying the full information requested by as soon as possible. If you are unable to provide the information I would wish to have a full explanation as to why this is the case. I understand that you have 40 days upon which to supply all of the information I requested. As you received my original request on 07/07/2008 I would expect your full compliance by 15th August 2008, after this time should you not have complied I reserve the right to reserve the matter to the Information Commissioner

[citizenB]

Aha, sorry. I didnt realise you had already sent the reminder. In that case, go for it. File your complaint with the Information COmmissioner's Office. You can download a complaint form from their website.

[1411mac]

Cheers Citizen

 

Would it also be time for a CCA request or is that all covered?

 

Mac

[citizenB]

Cheers Citizen

 

Would it also be time for a CCA request or is that all covered?

 

Mac

 

 

If they havent sent the document in your SAR request then there is little point in sending the CCA. It should have all be covered in the SAR. I would go straight to the Information Commissioner now. It wouldnt harm to drop your local Trading Standards an email/letter either.

[1411mac]

Thanks Citizen,

Information commissioner complained to, I'll contact the trading standards tomorrow,

Thanks for your invaluable help will keep you posted

Cheers

Mac

[citizenB]

Pleased to be able to help. Good luck

[1411mac]

Hi All,

 

Received an envelope crom crap1 containing what they've already sent + copies of letters and this 'Application Certificate' They've supplied outside the 40 days (I've compained to the Info Commissioner) and there are still statements missing. Can anyone advise?

Thanks Mac

Edited August 24, 2008 by 1411mac

[citizenB]

I cant see the bottom text (just above your signature) too clearly. It doesnt look right though. I think you need someone with more experience in these forms to pop in and advise.

 

If you have made your complaint to the ICO then all you can really do is sit back and wait I think.

 

Please be aware that the ICO is only just dealing with complaints received on 14/15 th July. So it might be a while before you get your acknowledgement letter and reference number.

[1411mac]

Thanks Citizen,

for info the text reads

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms

[citizenB]

If that is all it says then it doesnt have the prescribed terms.

 

Was there any reference to other terms and conditions say .. over leaf or in another document ?. Did they supply any terms and conditions from the time the account was opened ?. If no to both those questions then I would say they have failed to comply with your request.

 

I do so hope that someone else will confirm this for you though.

[1411mac]

That is all that was sent, although terms and conditions are referred to on this 'certificate' none were sent with my SAR request - so this looks like my SAR request is non-compliant, I am fed up with having to keep asking them for the correct documents they should supply

[citizenB]

That is all that was sent, although terms and conditions are referred to on this 'certificate' none were sent with my S.A.R - (Subject Access Request) request - so this looks like my SAR request is non-compliant, I am fed up with having to keep asking them for the correct documents they should supply

 

 

As you have already made your complaint to the ICO you can just do an update letter and send it in to them. Personally, I would get it ready and wait for the ICO to send you a reference number that way you can be assured the "extra" information will get tagged to the right complaint.

[1411mac]

Cheers Citizen,

I will do that, should I go back to Cap 1 at all?

[citizenB]

Good morning Mac, I am not really sure what to advise you to do next. You have written to the ombudsman so until they send you a reference number you cant pass that on to Crap1.

 

You could a) wait until they (crap1) contact you again, then fire off a letter saying this is now with the ombudsman and you are waiting for a reference number. or

 

b) send Crap1 a short note just advising that

 

On, XX XX 2008, I sent a request for all the data you hold on me enclosing the required fee of £10.00. You received this letter on xx XX 2008.

 

YOu have failed to comply fully with my request despite being given more time to send the documents you requested. You have also sent a pre-contractual Application form which does not contain the prescribed terms. You have also failed to send t&cs which were current at the time of the date on the Application form.

 

In this respect, I have now made a complaint to the Financial Ombudsman Office.

 

*********************************************

 

Now with regard to the constant pressure for you to supply documents. All I can advise is what I would/have done and that is to do what they do.. stick the needle in the groove and keep repeating.

 

Dear...

 

With reference to your letter XX XX 2008. Having taken advice from CAB and National Debtline, I discover I am not obliged to send you financial documentation ie bank statements/payslips and you have no legal right to this information. I am not prepared to give you priority status by supplying this information, especially as my other creditors are not demanding this and have accepted my I&E statement prepared by CCCS or whoever. If you continue to pressure for this information I will be reporting you to Trading Standards.

 

Now here is the tricky bit, I am assuming you wish to continue paying them the amount you can afford. So you can add...

 

I am very disappointed that we seem unable to reach a satisfactory compromise in this case. As I have already explained to you, I an only afford £ XX.00 per month at the present time and feel that it is pointless paying this amount to you only to see the debt increase. I invite you therefore to sue me through the court for this debt, when I hsall have the opportunity of offering £X through the courts.

 

In addition, once judgement is granted, I understand that further interest will suspened in any event. It seems that I can only achieve a reasonable outcome to this matter by allowing the courts to decide although this will involve us both in extra expense and time wasted with court proceedings.

 

Meanwithe the offer of £xx per month plus suspension of interest is still open to you.

 

 

 

Good luck

 

Edit the above to suit and if you are administering the DMP yourself, leave out the reference to CCCS.

[checkoutdolly]

filed my case in court against cap 1 and recieved exact same latter as you asking for payslips bank statements so are going to send above letter

[1411mac]

Yes I have sent the above letters as suggested (thanks CitizenB). As I had yet another letter from them asking to complete the attached I&E form (none attached) and requesting a bank statement. These people are doing my head in, there is no chance that they are getting anything more than their completed I&E form (which they had back ages ago). I will be updating the Financial Ombudsman of their further harassment.

Will keep updated.

Cheers

Mac

[citizenB]

Good for you Mac... just dig your heels in and send them only what they are entitled to and that is a completed I&E form. Whether it is theirs if they ever remember to enclose it (BTW, sometimes it is printed on the back of their letter) or one that you have dsigned yourself. You might find they bump you over to Debitas, who are the inhouse collection agents. They can be just as troublesome. TBH, after the first letter, I just ignored them.

[1411mac]

Thanks Citizen, definate no I&E form and I only completed one in May when all this started so they can get stuffed. I'll wait and see what happens, I've got the application form without the terms on to fall back on. I've also sent their recent letters to the Financial Ombudsman and I'm still paying them them the previous agrred repayment amount so it's upto them

[citizenB]

I cant see that you can do much more, Mac. They know the situation.. as you say, the ball is now in their court. With any luck the FOS will cause them some grief as well

[1411mac]

Hi

Have received another letter from these clowns which is a reply to the first letter sent as post 41

'I have checked our records and confirm we sent the data to you on 18 August. The information is sent out as recorded delivery by royal mail. They do have a record of this delivery to you.'

 

So, still no complete statements, to terms and conditions and nothing other than the application form they have already sent.

 

I think I will write again pointing this out and advising they are well outside the original 40 days allowed, and will copy the letter to the information commisioner.

Anything else?

cheers

Mac

[citizenB]

Mac, dont waste any more time with Capital One.

 

Send your complaint to ICO then send a short note to Capital one along the lines of.

 

Dear...

 

This is just to advise you that as you have failed to provide me with information requested under SAR, Data Protection Act 1998, I have now made a formal complaint to the Information Commissioners Office.

 

Etc.

[1411mac]

Thanks Citizen,

 

Final letter gone. Rang the info commissioner, they've got my complaint so I can use the ref number to add the last batch of Crap1 junk mail.

 

Appreciate your help

Mac

[1411mac]

Crap1 has gone very quiet recently, have they gone bust yet?!?!?