I dont mean to sound dumb but?

[Stressed female]

DD Thanks again. can you send me the link for the cca request and the Subject access request. I am having trouble finding them. Shall i send the two letters together? for the attention of the pre-legal department? and dont sign them is that right?

[diddydicky]

ill find them in a mo

 

NO dont send them together

 

 

address the SAR request to the Data controller- better that one hand does not know what the other is doing if possible

[diddydicky]

ill find them in a mo

 

NO dont send them together

 

 

address the SAR request to the Data controller- better that one hand does not know what the other is doing if possible

 

 

 

Subject Access Request

 

Dear Sir/Madam

 

I understand that you currently hold details of my personal and financial information within your internal record systems. The following request refers but is not limited to any information you hold on me with regard to the above mentioned accounts..

 

Where reference is made to “the account” the meaning relates to all accounts of whatever type and the request is not limited to any one particular account.

 

For the avoidance of doubt, ALL of the information within your organisation with reference to myself is required, and to assist you should include:-

 

A complete list of ALL transactions and dealings including charges relating to my history with your organization, Including credit cards, payment protection insurances, bank accounts and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. In addition please supply the following with respect to any and all credit or bank accounts_

:

Full copies of all contracts which you believe exist or have existed between myself and your organization, in particular The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time the account was opened and/or defaulted including true copies of any documents you hold in support of the same., including any default or termination notices. .

A complete list of all transactions or statements relating to any credit card Account with your organization and full details of any manual interventions on the account.

Copies of all documents which include any of my personal information including copies of any contracts or invoices, application forms emails or computer records containing my personal information, or any records which pertain to this information.

Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party reference agencies, , including credit reference agencies ,which contains my personal or financial information, or which pertains to me.

 

- 2 -

 

 

 

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

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

 

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.

 

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).

 

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

 

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.

 

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

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

 

 

You are reminded that you have a duty to inform me if you do not have the above documents This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec). If you do not have them you must tell me where they are or how and when they were disposed of

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.*

 

 

 

 

- 3 -

 

 

 

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 for the delivery of sensitive personal and financial information. .

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

 

 

Yours faithfully,

[diddydicky]

DD Thanks again. can you send me the link for the cca request and the Subject access request. I am having trouble finding them. Shall i send the two letters together? for the attention of the pre-legal department? and dont sign them is that right?

 

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.*

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.*

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

if its a credit card it is a S78 request if it is a fixed sum is its s77- delete as necessary

I look forward to hearing from you.

[diddydicky]

DD Thanks again. can you send me the link for the cca request and the Subject access request. I am having trouble finding them. Shall i send the two letters together? for the attention of the pre-legal department? and dont sign them is that right?

 

i suggest you use postal orders and keep the receipts safe

[diddydicky]

sorry yes don't sign or if you do then add an extra letter (or take one away) in the signature you use with respect to debts so that you can prove any skulduggery should it occur

 

(they wont notice the missing or extra letter in most signatures)

[Stressed female]

thank you so much for your help. Last thing now honest . im assuming i send the cca letter 1st.

[diddydicky]

send the SAR a couple of days after the first one

[Stressed female]

Ok thank you for your time. will let you know how i get on.

[gezwee]

Don't forget the Consumer credit act is the important one for the later 'I acknowledge bugger all so you can F.O.' letter (sure theres a politically correct way of putting that )

 

Definitely in safe hands with DD on this one of its the route that you decide on.

 

Best of luck

 

Gez

[Stressed female]

Would definitely be happy to send that final letter, perhaps not your version!! ha ha Have sent it off, will keep you posted. Thanks again

[Stressed female]

HELP!!!!!!!!!!!!!!!! Ok so they have responded (within 7 days) and sent me a copy of CCA. I am trying to load it on here. If i succeed, could i get some advice on whether its enforceable and what to do next please.

[cymruambyth]

Have you tried photobucket? http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html It is quite easy to erase data, just remember to post the amended document (voice of experience)

Edited October 16, 2009 by cymruambyth
added link

[Stressed female]

Pictures by stressedfemale - Photobucket

 

I could only load CCA it by photobucket please look at this link and advise.

[Huff&Puff]

That one looks enforceable to me. All the prescribed terms are there.

[Stressed female]

Oh drat!!!! any advice on what to do next?

[cymruambyth]

Hi any ppi? Do you have the default notice and is it correct? Are there any charges on the account that can put it in dispute?

[Stressed female]

No ppi. dont remember receiving default notice. could have done though and thrown it away. I dont think there are any charges here that can be put into dispute. I was so excited when i found this site and had high hopes till i received this cca!!

[cymruambyth]

Have you sent a SAR requesting all information held on you, including, en, termination, letters, calls and statements. This way you can see if there is anything amiss. Also do a search for m&s threads to see if you can gain help. Otherwise, if CCA is confirmed ok, make an offer to repay at an amount you can afford.

[Stressed female]

The debt is so big if i pay at a rate i can afford i will b paying it till the day i die!!! will send the SAR see if i can buy more time as it becomes statute barred in March.

[diddydicky]

The debt is so big if i pay at a rate i can afford i will b paying it till the day i die!!! will send the SAR see if i can buy more time as it becomes statute barred in March.

 

the best way to buy time until march is to do nothing!!

[Stressed female]

dya think thats best DD? only previously u advised me to send subject access request. did u look at cca?

[cymruambyth]

Sending SAR will help to buy time. They have 40 days to provide it and are notoriously slow in providing the details. When you receive it complain about missing information etc

[diddydicky]

dya think thats best DD? only previously u advised me to send subject access request. did u look at cca?

 

hi, i assumed you had already done theat, my apolgies but sometimes i dont get chance to re read all the threads from the start as it takes too much time

 

my meaning was not to get engaged in correspondence with them in order to buy time in case you might slip up and say/admit something you did not intend to do

 

 

as a general rule i advise not sending a SAR until they have DN'd and TN'd