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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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What should be in a Lloyds SAR?


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Good morning fellow Caggers,

 

I am currently helping a friend out who has got himself into a bit of trouble with Lloyds TSB. He got overdrawn over the years and they now want around £1,800 off him. I told him to SAR Lloyds and after 60+ days they finally sent him back the supposed SAR. All that was in it was statements up until September 2008 and that was it. He tells me that even after September 2008 they were applying charges. I have the spreadsheet to calculate what he should be claiming back and so far he has found around £1,400 in unlawful charges plus after adding the 8% interest rate on top I'm hopeful it will actually clear the balance owed. We are about to sit down and calculate everything and get the LBA letter ready but I just wanted to make sure the SAR had everything that we needed. £10 seems alot for around 4 years of bank statements, should there be anything else? If there should be then what letter should we send back?

 

Sorry if it is long winded, but hopefully I made sense.

 

Sploits :p

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Ideally the SAR should contain all the data that is held on a person .... to be honest if they have only sent statements up until sept 08 then they havent fully complied with the request.

 

You could send them a letter of non compliance.

 

 

saint

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Hi Sploits,

 

We are in a similar situation with Lloyds. Firstly they sent back lists of transactions/charges on our joint account. Then when it was way past the 40 days and after we had sent them a non-compliance letter, they decided to send us their own special Subject Access Request forms to fill out and tried to say that we hadn't sent the £10 fee (which we had - one for each of us). We returned these forms 3 weeks ago and we still haven't received our full SAR info. Their latest delaying tactic was to ask us for a list of dates and times of telephone logs we required.........it just seems they will try anything to avoid complying with your request:eek:

 

Anyway hope you and your friend have better luck!

 

Regards,

 

Landy x

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Hi Landy alert.

 

I am now planning on sending them this letter and see what comes back:

 

 

Your Name

Your Address

Your Town

Your County

Your Postcode

 

 

 

Date 2009

 

 

 

The Company Secretary

The Creditor

Creditors address

Creditors town

Creditors county

Creditors postcode

 

 

 

 

 

LETTER BEFORE ACTION

 

Section 7(1) – Data Protection Act 1998

 

 

 

 

Account: XXXXXXXXXXXX

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

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

 

3. Where there has been any event in my accounts 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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to 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.

 

 

6. Details of any collection charge 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 deed of assignment, or proof that you have a legal right to this money.

 

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

 

10. 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.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

 

14. Any Other information relating to this account.

 

 

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

 

 

 

 

Yours Faithfully,

 

Lets see what dribble they send back lol

 

Sploits :p

<----------- If I have helped in any way please click on my scales :p

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I sent a SAR to Lloyds and they sent me a photocopier paper box with everything in, agreements (although all are defective ;)), staements for my 4 accounts from the day they were opened, contact management print outs etc. I guess it just depends on who is doing it on the day.

 

As for getting all my statements from Lloyds credit card.........that a completely different story :mad:

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Should one also ask for copies of any deeds of assignment sent via a third party such as a DCA?

In my case the DCA has forwarded a letter which they claim to be from the OC. However, it is clearly from the same printer as the accompanying "hello" letter?

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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