Out of Date ID

[ajjefferson]

Hi

 

Could someone please help me. Can out of date Date ID be used when signing for a finance agreement,. i have Just received my SAR from Cabot and the passport used was 13 months out of date, can this debt be enforced also should it have been allowed to completed with this ID?

 

 

Thank you in advance

[silverfox1961]

Hi,

My opinion only. The fact it was out of date shouldn't make any difference as it's still you on the passport. I don't think a judge would see it any differently either.

 

One thing that does confuse me. Why did you SAR Cabot. They won't have much info about you. I would SAR the original creditor instead.

 

A few more details as well please.

 

What is the debt? Loan, Credit card, HP, overdraft?

How long ago did you take out the agreement.

 

 

fox

[ajjefferson]

it was for a car HP agreement, back in 2000, Only had a Prov lic with pass test certificate and Passport was used as photo id. it was sold to cabot in november previou i i had paid 50pm to HL legal. but the balance seems high and the packege of finance seems all wrong

[silverfox1961]

In that case, I would SAR the original creditor but stipulate you want everything from the inception of the HP agreement to date otherwise they might only send back the last six years worth of paperwork.

As it's with Cabot, you should have had a default notice from the OC followed by a termination letter. You need to make sure you get those too.

 

This is the letter I used to get my SAR.

 

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,

 

 

print but don't sign your name

 

 

You will need to edit it to suit or just use the one you sent Cabot if it suits your needs. I must stress that you need to tell them exactly what you want otherwise they try and wriggle out of supplying the info.

 

fox

[ajjefferson]

Brilliant thank you, do i send this letter cabot, with cabot i used the CCA request (£1 fee)

would it be best to send to cabot or on:line finance

[ajjefferson]

ill send it cabot, what happens after?

[silverfox1961]

NO don't send it to Cabot. They are just the DCA and won't have any of this info you want.

 

Send it to the original creditor (whoever you signed the contract with) Oh just seen Online Finance .

 

It will cost a tenner but it's well worth the money. It will bring back your statements and there may be unlawful charges on it as well as other charges. Maybe you have been paying PPI which may have been mis-sold. If any of that is true in your case, you could start a claim to get them refunded (with interest )

[ajjefferson]

Cabot have sent me the original agreement, there is ppi included. i would not have been eligable for as i was only in a temp 6 month contract at work.

[silverfox1961]

As long as the agreement is enforceable then you are well within your rights to reclaim your PPI. The best way to find out if it is valid is to post it up on the forum (minus ALL identifying features) If you need help posting images, just shout.

If the agreement is duff, you could (if you wish) stop paying(the debt doesn't go away) or negotiate a Full and Final settlement.