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subject access request, what next????


nickolp
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hi i have issued a s.a.r to finance company, now i have to wait the 40 days but what do i do about the debt recovery people? is this account now classed as in dispute as which i imform them of this?? my time with the recovery people is up and wondering what to do next? At present they only have my existing address not my current but now i have sent finance company s.a.r, surely they will pass my new details on, any help would be gladly recieved

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no, just want to know what has gone on with this account, its a joint one with mx ex who i parted from 4 years ago and i paid her my half in full(trusted her to do so, i know i'm an idiot) the amount is £6500 which is only £500 less than what it was those 4 years ago

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The account isn't in dispute until you have written to the creditor advising that it is and stating the grounds for the dispute.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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so when my s.a.r comes back, which if they comply will be in 40 days time and if say there is no sighned agreement of any sort then i can dispute and put it on hold, till its sorted?

so is there anything write to blair oliver and scott, to let them know(at the moment they do not have my present address so the door to door agent does not come in to play but court action will?) i do not own my own house, i am classed as living with parents at present, and other than my work tools and van that is all i have.

I cannot scan lettter from them but it basically states that they have been instruted to obtain full payment and if i dont contact them a door to door agent will be round(i dont live there as stated) then court action will follow for judgement.

Is this quite a final letter if so? can i do anything as i have had no previous correspondance from them or finance company as i have not lived there for 2 years.

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so when my s.a.r comes back, which if they comply will be in 40 days time and if say there is no sighned agreement of any sort then i can dispute and put it on hold, till its sorted?

 

Nope you can't put the account into dispute as an SAR request is made under the Data Protection Act, not the Consumer Credit Act.

Have you sent a CCA request ? If they fail to respond to this after 12 working days then you can put the account into dispute

 

so is there anything write to blair oliver and scott, to let them know(at the moment they do not have my present address so the door to door agent does not come in to play but court action will?) i do not own my own house, i am classed as living with parents at present, and other than my work tools and van that is all i have.

 

 

I cannot scan lettter from them but it basically states that they have been instruted to obtain full payment and if i dont contact them a door to door agent will be round(i dont live there as stated) then court action will follow for judgement.

Is this quite a final letter if so? can i do anything as i have had no previous correspondance from them or finance company as i have not lived there for 2 years.

 

A problem for you here is that although Blair Oliver Scott don't know your present address, you can't hit them with a CCA request as you won't receive the reply. You could of course CCA the finance company but they may alert Blair Oliver Scott to your address.

Blair Oliver Scott may go to court with this if they feel they have a case, and if they do, the summons will go to the wrong address, no defence will be entered and they get judgment by default. You will then have a fight on your hands to set aside the CCJ at an initial cost of £75.00

You need to think about how you wish to approach this for the long term result.

 

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I have sent subject access request to original finance company so i can find out what has been going on since i split from ex 4 years ago.

so they will no doubt forward my current address to blair oliver scott.

Now should i cca BOS and see what happens, even if they do not forward i can get access to house for mail as step dad owns my previous property

 

I got letter from bos on 15th jan2009 if they decide court action roughly how soon should i be looking??????

 

many thanks for your reply

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thanks 42man

so i just pull up cca request on here and adjust to my case?? and send via recorded/guaranteed delivery,(without my signture) should i give them my new address or leave as it is(like i said i can get access to house to pick up my mail)??????????

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I couldn't hazard a guess on the timescale that BOS may take to start legal action........not had to deal with them yet.

 

Whilst not wishing to scare you, they may move quickly, so keep an eye out for an envelope bearing a blue ink franking mark from Northampton.

 

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CCA request -

Creditors and DCAs - Letter Templates & Budget Planner

 

 

I'd advise keeping requests within one thread so all the pertinent points and info are self contained and not scattered across the forum. It just helps members who wish to contribute, to have to only read the thread and not be diverted elsewhere. ;)

 

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yeah realised that after i had done and tried to delete other, well they have all been sent there letters now just a cause of waiting and to see if they come up with the goods, many thanks all and i will keep ya posted, besides i know doubt will require your help in the very near future(14 days and counting)

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  • 2 weeks later...

right i think you should be able to read them now:???:

Should i just ring them to authorise?, will i still need to send off signed letter?? i doubt that i could get signiture from my ex.

baring in mind i have also sent cca request to blair oliver and scott, which there deadline is 18th feb.

obviously i do not want my signiture lifting so what do i do?

 

many thanks all for taking time to read

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Time up and they haven't complied....you need to send a letter titled LETTER BEFORE ACTION, and give them 7 days to supply the information or you will take them to court where you will be awarded compensation, there is no excuse not to supply your information....this should help you, but you will need to edit obviously.....also enclose a copy of your previous letter (send this all recorded)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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