CCJ confusion

[paulwlton]

FTAO - The Data Controller or Data Compliance Officer

 

Dear Sir or Madam

 

Re: Account/s *******

 

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

 

I hereby request that you supply me with all data that you hold relating to my account. This includes in particular, but is not limited to, the following: -

 

1 The original signed, executed Consumer Credit Act agreement and any terms and conditions that applied at the time the account was opened.

 

2 Transcripts of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, to and from or by any previous creditor.

 

3 True copies of any assignment and/or default notice or enforcement notice that may have been issued including a copy of proof of postage that you hold.

 

4 A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 and any consent that I/we may have given to those uses

 

5 A list of third parties to whom you have disclosed my/our personal data including Credit Reference Agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure, including any defaults registered date they were registered and date of removal.

 

 

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

 

7 Full Details of any third party with an interest in the account.

 

8 Full details of any securitisation(s) that my account(s) has been or is involved in

 

9 Full details of any assignment(s) Legal or equitable copies of proof of posting of any

notification allegedly given, if given

 

10 Statements relating to the router account showing the total Indebtedness figure.

 

11 Any other information that you hold with regards to my account/s.

 

 

Enclosed is the statutory maximum fee for this request of £10.

You have 40 days in which to comply. 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 has been used to make any and all communications with me/us with regards to my/our account information from you, which has been hitherto found acceptable.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.

 

Yours Faithfully

Edited February 28, 2010 by paulwlton

[paulwlton]

Yes initially they went to Telford, then it was moved to Triton.

 

I have a letter from CMS dated 03/02/09 stating interest frozen since judgment and that I owe £14807.07, it explains, Judgement was for £14897.87, less payments made of £90.80.

 

Statement dated 2009

 

Loan Opening Balance: £19968.11

Outstanding Arrears : £14547.45

 

*then lists details of my payments of £2.00 x 6 = £12.00

*the lists interest debits. as follows:

 

29/06/2009 - £372.27

29/09/2009 - £383.36

 

 

 

Loan Balance (Closing Balance as at 16/11/2009) £20711.74

Amount req to satisy arrears, as at 16/11/2009 £15984.57

 

So just looking at this, none of the figures add up at all, one letter I have when I complained stated no interest since judgement, but all the statements show plenty.

 

What date did you take the loan out and for what amount?

[Luminol]

That requires digging out documents Paul, so I shall have a look and post up when I find em, thanks again

[paulwlton]

That requires digging out documents Paul, so I shall have a look and post up when I find em, thanks again

 

Email me the documents ASAP.

 

Regards

Paul

[paulwlton]

Your accounts have been "transitioned" and according to RBS they continue to accrue administrative Interest.

 

Send a CCA section 77 request to Telford, according to the OFT if a creditor is applying PJI then a CCA request is valid.

 

 

Regards

Paul

[paulwlton]

oops sorry, im normally better than that,

 

 

Your account is set up to track the bank of England's base rate.

 

June-Sept - base rate 5%

 

Sept - Dec - A sharp decline in the base rate, hence why Septembers Interest is greater than Decembers.

[Luminol]

Okay so I dont have the original Agreement.

 

The Loan was a consolidation loan taken out Mar 2005, the amount was £10750.00.

 

The Court Claim was for the loan and overdraft combined.

 

Broke down it was £13958.54 for the loan

£ 389.33 for the Overdraft

£ 250.00 Costs

 

Total claimed at court: 14897.87

 

Judgement was for Interest upto date of judgement.

 

As for sending you all document Paul, I have no scanner so I have to take a photo of everything then upload to Photobucket.

 

Lumi

 

Additionally will the CCA come with the SAR request?

Edited February 28, 2010 by Luminol

[paulwlton]

Okay so I dont have the original Agreement.

 

The Loan was a consolidation loan taken out Mar 2005, the amount was £10750.00.

 

The Court Claim was for the loan and overdraft combined.

 

Broke down it was £13958.54 for the loan

£ 389.33 for the Overdraft

£ 250.00 Costs

 

Total claimed at court: 14897.87

 

Judgement was for Interest upto date of judgement.

 

As for sending you all document Paul, I have no scanner so I have to take a photo of everything then upload to Photobucket.

 

Lumi

 

Additionally will the CCA come with the SAR request?

 

They don't send the CCA under a DSAR. Send the CCA request.

 

You took the loan out in 2005?

 

Was it a fixed rate personal loan?

 

What date did they change the account number?

[Sparkie1723]

Sorry to disagree they are compelled under an SAR request to supply copy of the Credit agreement or Banking contract.

 

First: Any document that contains information by which you can be recognised is considered data under the DPA a Credit agreement is one of those documents by which you can be recognosed.....it is this method ( SAR) that should be used to obtain the executed copy of an agreement not one that merely complies with a CCA request.

 

Second.

It would apear that the Bank have misled the Court in my case and .....the bank especially Mr Hemsley has again misled a government minister ( not in a letter) to his face .....in that he stated that after 2000 account numbers were not changed when they were passed to CMS Telford.

 

Third I have no doubt what so ever that you also have a "Router Account" which has and is being concealed from you as it is when a "Router Account" is set up the new account numbers are allocated

 

Fourth RBS have created ANOTHER false asset that deliberately inflates their " BOOK DEBTS" which has been admitted again by our Mr Hemsley is an ASSET.

[paulwlton]

The letter states your accounts are now under a reference number.....this is a "router" account.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187858-triton-behalf-rbs-2.html

[patrickq1]

also if the loan and overdraft are combined does this not make it a multiple agreement...and with the ccj stating no intrest to be aplied isnt this contempt of court....

looks like in the face of all the problems concerning the inflated ROUTER ACCOUNTS from TELFORDGATE they dont give a damm and they must think they have complete goverment aproval from MOVE OVER DARLING gggrrr

i wonder how much his secret swiss account is worth huh

[paulwlton]

also if the loan and overdraft are combined does this not make it a multiple agreement...and with the ccj stating no intrest to be aplied isnt this contempt of court....

looks like in the face of all the problems concerning the inflated ROUTER ACCOUNTS from TELFORDGATE they dont give a damm and they must think they have complete goverment aproval from MOVE OVER DARLING gggrrr

i wonder how much his secret swiss account is worth huh

 

RBS senior management advised a Government minister that this accounting practice occurred prior to 2000 ONLY.

[paulwlton]

RBS senior management advised a Government minister that this accounting practice occurred prior to 2000 ONLY.

 

False accounting is an offence, is it not?

[Luminol]

Hi All,

 

Paul I believe you have all the relevant docs now, let me know if anything needs clarifying, Im fine aslong as its in Basic english

 

Lumi

[patrickq1]

False accounting is an offence, is it not?

Term: false accounting

1.

False accounting is an indictable offence under the Theft Act 1968. Where a person destroys, conceals, or falsifies an account; or provides dishonestly provides information which is false, misleading or deceptive with a view to cause loss to another, they commit the offence.

 

 

Usage: The accused was convicted of a charge of false accounting.

 

Related Words: accounting; audit; Theft Act 1968.

[patrickq1]

any developements on this ?