Allocation questionnaire

[Consumer dude]

I thought I would update this thread with some stuff that may not be clear, as to a degree I have been frustrated as to know how to move forward with it.

 

It was this agreement with RFS that was in the particulars of claim which the claimant state as monies due under a regulated credit agreement made in writing under reference (then the agreement number)

 

Although the year of this agreement was not mentioned in the claim form, the witness statement recently produced by the claimant confirms the date at the end of August 1998. In that same witness statement it states that there is now exhibited hereto marked ''AR1'' a copy of the said agreement, so its with this I would appreciate some one explaining to me what are they refering to with that statement ?

 

What I understand is that the above agreement may have been refinanced in 2004 but without the paperwork I am unable at this stage to add further.

 

A request for the credit agreement from 1998 which forms part of the claim has been met with a credit agreement from 2004. There is no mention of this agreement from 2004 on either the claim form from the claimamt of the witness statement. If requested, does the claimant need to produce the agreement as stated in that claim ?

 

I am working on a letter today to the claimant requesting the documentation under the civil procedure rules that has already been requested but not yet received and to request this information within seven days.

 

In the meantime I would appreciate if any one is able to answer the specfic questions that I have posted today. Many thanks..

 

 

 

 

 

Sent a letter yesterday further requesting the documentation already requested under the civil procedure rules and giving them seven days to reply. I wait with interest..

[johnnymitch]

Consumer Dude

 

You can't move on until you know what they are (and more important ) are NOT holdiing on you .... a SAR may take time , but it will let you work out what they have and haven't got ,...... until you know this I'd say you can't move forward very far .......

 

With CPRs and CCA requests they can wriggle and dodge ...... they can't do that with a SAR .... if you know what they need to produce .....

[Consumer dude]

Consumer Dude

 

You can't move on until you know what they are (and more important ) are NOT holdiing on you .... a SAR may take time , but it will let you work out what they have and haven't got ,...... until you know this I'd say you can't move forward very far .......

 

With CPRs and CCA requests they can wriggle and dodge ...... they can't do that with a SAR .... if you know what they need to produce .....

 

 

 

 

 

 

 

 

Fair point, I shall work on an SAR. Need to question as well the selling of the PPI. Should this be a seperate request and with the original lender or with the company who now seem to have been assigned this account. Should I focus on the SAR first ?

 

The other thing is there a limit on reclaiming on PPI ? I heard it was six years..

[Consumer dude]

On this Sar request, what should I ask for ? Can it be just a simple letter with the ten pounds requesting all data that the company in question hold ? Many thanks..

[Consumer dude]

been offered a settlement figure of 50 per cent of the total amount stated as owning.. If only I had that kind of money..

[johnnymitch]

On this Sar request, what should I ask for ? Can it be just a simple letter with the ten pounds requesting all data that the company in question hold ? Many thanks..

 

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[johnnymitch]

Just to amplify what you get for your tenner .:

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it.

 

This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes:

 

copies of correspondence

copies of internal notes,

copies of any telephone recordings or a transcript of the recording

copies of statements of account

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00

 

Send anyone who has not fully complied with your Subject Access Request an LBA stating that if they don't comply you will be taking them to court under the data protection act

Edited June 11, 2010 by johnnymitch
Removing font marking.......

[Consumer dude]

Just to amplify what you get for your tenner .:

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it.

 

This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes:

 

copies of correspondence

copies of internal notes,

copies of any telephone recordings or a transcript of the recording

copies of statements of account

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00

 

Send anyone who has not fully complied with your Subject Access Request an LBA stating that if they don't comply you will be taking them to court under the data protection act

 

 

 

 

 

 

 

 

 

 

I am trying to be reasonable but I know this comes down to law and thats fine. This is difficult for me but it seems thats the game. Many thanks again to you and to every one who has been so supported..

[Consumer dude]

The latest on this is as follows.. Have had an amended witness statement from the legal collections officer. The amended details is the date that the agreement was entered into, from a date in 1998 to 2004, however the agreement number still shows the agreement number from 1998. What should I do about this now ?

[Consumer dude]

The latest on this is as follows.. Have had an amended witness statement from the legal collections officer. The amended details is the date that the agreement was entered into, from a date in 1998 to 2004, however the agreement number still shows the agreement number from 1998. What should I do about this now ?

 

 

 

 

 

 

 

Bump..

[caro]

Well this is very confusing, so going to be hard for your OH to know what on earth they are on about ...... or the judge.

 

Has your OH made up her mind to attend court, even if you need to speak for her?

 

Have both parties done everything that was required of them by the court?

 

If it really is still unclear then the only thing that I can suggest is to apply to have the claim struck out. Even that may require a hearing to consider the application, and if the hearing date is close the judge may well consider it appropriate to hear on the date already set.

 

Unless your OH is willing to attend TBH I fear you are wasting your time.

[Consumer dude]

It does'nt make any sense. Should any claim for strike out be made on N224 form or a simple letter to the court..

[Consumer dude]

OH is at the stage where she is content to start paying something and as it is her loan then I think I hold my hands up and let her do it. If it was me I would apply to have it struck out.. If she starts paying a monthly figure is she accepting full libility at this stage or only that payments are resuming without admitting anything ?

[Consumer dude]

OH is at the stage where she is content to start paying something and as it is her loan then I think I hold my hands up and let her do it. If it was me I would apply to have it struck out.. If she starts paying a monthly figure is she accepting full libility at this stage or only that payments are resuming without admitting anything ?

 

 

 

Bump..

[caro]

An application to strike out the claim would require an N244 and a fee, and there are no guarantees of success.

 

If she pays she's accepting full liability so she would be better to try and negotiate a settlement, whether a proportion of the debt or in instalments.

[Consumer dude]

The above account was assigned absolutely to the claimant in December 2007, however it is claimed that the information contained in the deed of assignment is commercially sensitive which, if disclosed could come to the attention of the claimant's competitors and hence be prejudicial to the claimant. Is it possible to question such a claim ?

[Consumer dude]

The other thing, the witness statement has been amended, does that alter the claimants original claim or only the statement of the witness ?

[Consumer dude]

Picked up an N244 form today. A strike out looks likely. Perhaps some some will help me fill it out..

[Consumer dude]

Well this is very confusing, so going to be hard for your OH to know what on earth they are on about ...... or the judge.

 

Has your OH made up her mind to attend court, even if you need to speak for her?

 

Have both parties done everything that was required of them by the court?

 

If it really is still unclear then the only thing that I can suggest is to apply to have the claim struck out. Even that may require a hearing to consider the application, and if the hearing date is close the judge may well consider it appropriate to hear on the date already set.

 

Unless your OH is willing to attend TBH I fear you are wasting your time.

 

 

 

 

 

 

I believe I have done every thing that the court required however not so the claimant. Still waiting for the documentation under the civil procedure rules. I'm of the mind they are just not going to do it.

 

The agreement is full of holes. Oh will attend court. Will this hearing be heard in private ?

[johnnymitch]

Will this hearing be heard in private ?Will this hearing be heard in private ?

 

Yes more or less , CD .... it's not a full blown open court thing .... It'll be in a little room with just the people who need to be there and the judge will probably be in a suit (no wig and gown) ....

 

Judges are usually pretty helpful with Litigants in Person (LIPs ) , and providing you have your paperwork in sorted in the same order as your arguments i.e. easy to follow ...... you should be fine......

 

I'd also make a list of points you want to make and explanations of why you think your claim should be dealt with as you would like ......of course the other side (who are usually woefully unprepared ) will try to waffle , but if your argument is sound I'd say there's a fair chance you'll be OK .

 

There's a report of court attendances by 'Fedupandfightingback ' well worth reading I think..............shows how arrogant and inept some of these bank solicitors are ....

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html#post2598057

 

If you read from this one onward .........

 

Hope this helps ......

[Consumer dude]

Yes more or less , CD .... it's not a full blown open court thing .... It'll be in a little room with just the people who need to be there and the judge will probably be in a suit (no wig and gown) ....

 

Judges are usually pretty helpful with Litigants in Person (LIPs ) , and providing you have your paperwork in sorted in the same order as your arguments i.e. easy to follow ...... you should be fine......

 

I'd also make a list of points you want to make and explanations of why you think your claim should be dealt with as you would like ......of course the other side (who are usually woefully unprepared ) will try to waffle , but if your argument is sound I'd say there's a fair chance you'll be OK .

 

There's a report of court attendances by 'Fedupandfightingback ' well worth reading I think..............shows how arrogant and inept some of these bank solicitors are ....

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html#post2598057

 

If you read from this one onward .........

 

Hope this helps ......

 

 

 

 

 

Thanks for your help. When I turned up before without the OH I was sent into the court room and it was there that the judge said that the OH should be here. I'm hoping it will be in private as it would feel more respectful all round. The idea that any member of the public could attend is horrible really. It is after all a civil case..

[johnnymitch]

I think that's most unusual CD .... are we talking 'small claims court' here - or something more substantial ?

[Consumer dude]

I think that's most unusual CD .... are we talking 'small claims court' here - or something more substantial ?

 

 

 

 

 

 

 

Its for 12k and an agreement could be reached, however I need the copy of the agreement that they refer to in the claim form. They have sent an agreement with a different agreement number on it that is not stated in the claim form. Am sending an SAR today..

[Consumer dude]

I am tryng to think of every thing on this one. If requesting a CCA that shows the agreement number as stated on the claim form, is it this they need to send as re the consumer credit act 1974 or can they send a diffferent CCA with a different agreement number and get away it..

[Consumer dude]

If requesting the claim is struck out can this be done on presentation of an amended witness statement or does a fee have to be paid ?