CCA Bank Account...

[Kristoff]

Hi guys,

 

I had a HSBC account that got passed on to Lowell. It showed up on Experian as a Current Account. I have since probed for information on it and I was right to believe that over £4,000 was a loan. So it leaves me an overdraft of just over £1,000 as the overdraft. I'm going to be writing back to Lowell to tell them I believe that a majority of the balance was a loan. I've S.A.R'd First Direct for all the info they have.

 

Can I now CCA Lowell for th loan even though they believe it's a current account and they are wrong? What are the rules about CCAing overdrafts? How do I go about reclaiming charges?

 

Below is Lowell's response.

 

 

They stated that the CCA isn't relevant as it was for a bank account

 

Cheers for any help!

Edited February 6, 2009 by Kristoff

[42man]

You could respond by saying that if the figure of £XXXX is correct then this is entirely made up of excessive charges and compounded interest....

 

I have unapproved your post as it could identify you....

[42man]

This might help you too.... - http://www.consumeractiongroup.co.uk/forum/general/94575-cca-overdrafts-final-word-2.html

[42man]

The CCA request is 12+2 working days from the day you posted the request.....And the CCA request can only be used for credit products, loans, credit cards, HP agreements etc...

 

As for the SAR, then this is the first step in reclaiming the charges....

 

Send this (with £10 of postal orders) and send recorded/guaranteed

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

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

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee 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 you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[42man]

They have to respond to your SAR in 40 days !!

[Kristoff]

Edited the letter.

[42man]

Leaving the date on will still give it away !!!

[Kristoff]

Hiya,

 

Right, i've had a response from first direct, it reads as follows:

 

Re: request for information

 

Thank you for your letter dated - ------- 2009 requesting information about your account. Unfortunately I am unable to proceed with your request as I am unable to verify your signature and your address. I have returned your postal order and enclosed a copy of the letter we received. Please contact me on xxxxxxxxxx if you wish to discuss this. My office hours are 8.00 to 15.30 Monday to Friday.

 

The address I have now is different and my signature was supplied with X's through it.

 

Any advice for my next move appreciated.

 

Cheers

Edited February 11, 2009 by Kristoff

[Kristoff]

Anyone? Cheers.

[cerberusalert]

Send the muppets this;

 

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[Kristoff]

It's not for a CCA, it's for a SAR?

[cerberusalert]

Sorry about that, I thought it was in response to your CCA request.

 

They are entitled to ask for proof of identity to cover their sorry asses under the data protection act, so just send them a 'photocopy of a driving licence & a utility bill if you have one.

[Kristoff]

Got a few responses. Firstly from Lowell:

 

"Thank you for your recent correspondence.

 

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

 

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies.

 

What I can guarantee is that your enquiry is being dealt with and you have no need to write in again.

 

If you want to speak to someone blah blah"

 

So i'll sit and wait for a letter from Lowell. Next up, HSBC responded to my SAR with the following, bear in mind I send a copy of a recent phone bill with my name and address on and a copy of my passport (signature with x's through it).

 

"Thank you for your letter dated 12 February 2009 requesting information about your account. Unfortunately I am unable to proceed with your request as I am still unable to verify your signature and your address. The letter does not contain a copy of your signature.

 

Also the signature on the copy of your passport has been amended, after it has been issued. (The X's I was advised to put on)

 

We will retain your postal order and request, however, if you wish to continue you must provide a signature that matches the one held on our records.

 

If you are unable to comply with this request you may take your passport to a branch of HSBC, who will then be able to authenticate your signature. If this is what your choose to do, please advice myself prior to visiting a branch, so I can advice them of your intentions."

 

As I say, I provided them a photocopy of the passport and a phone bill with my address on and what's more they are replying to me at the address I live at. Where do I stand with this? I don't want to just give them a signature so it could be lifted. Would it be worth making up a completely new signature and posting it to myself to get it date stamped and leave it sealed, then also send them the new made up signature and see if they then use that to lift and put on my agreements? How would that stand up if the case ever got to court etc?

 

Cheers

[Kristoff]

Anyone any ideas what my next move should be with the SAR?

 

Thanks in advanced.

[42man]

I would make a complaint to the Information Commissioners Office as you have made more than a reasonable effort to comply....

[Kristoff]

Should I contact FD for my SAR info also? How do I go about making a complaint to the Information Commissioners Office?

 

Cheers

[42man]

Have you tried calling them on the number they gave you above ?

[Kristoff]

No, I don't know what to say to them? They keep seeming to want more proof.