LowellPortfolio-how long to provide docs?

[dcems]

In Nov last year I got a letter from the above stating I still owed a very small amount of cash to a mobile phone company-an account about 4 years old.

as I know nothing about it I took some advice and asked for the orgianl copy of the contract showing my signature, statements and letters sent to me regarding the debt from the mobile company.

 

They wrote back and said case would be on hold as evidence requested from the mobile company.

 

Well,we are nearly in feb 2010 and every couple of weeks they write and say they are still waiting for docs.

 

My view is they have had plenty of time to provide what i have asked for,but where do i stand from a legal point of view? I dont believe they can provide these docs, and I want it done and dusted. I would have thought 28 days would have been more than enough time for them to get the paperwork together that i have asked for.

 

What do you reckon??

Thanks

[dundeelaw]

In Nov last year I got a letter from the above stating I still owed a very small amount of cash to a mobile phone company-an account about 4 years old.

as I know nothing about it I took some advice and asked for the orgianl copy of the contract showing my signature, statements and letters sent to me regarding the debt from the mobile company.

 

They wrote back and said case would be on hold as evidence requested from the mobile company.

 

Well,we are nearly in feb 2010 and every couple of weeks they write and say they are still waiting for docs.

 

My view is they have had plenty of time to provide what i have asked for,but where do i stand from a legal point of view? I dont believe they can provide these docs, and I want it done and dusted. I would have thought 28 days would have been more than enough time for them to get the paperwork together that i have asked for.

 

What do you reckon??

Thanks

 

 

40 days is the Legal Amount of time they have to supply you with the documents requested ONLY if you made an official Subject Data Access Request (SDAR) in writing and paid them the maximum statutory fee of £10.(Cheque/Postal Order)

 

If you did do this then once the 40 days are up, you need to write another letter saying they are in Default of the SDAR and to supply you with the documents within 7 days or you will report them to the Information Commissoner that they are in Default. (Letter Before Action).

Edited January 24, 2010 by dundeelaw
Spelling Mistake

[dcems]

I did not request a SDAR. Should I do that or am I a bit late.

?

[dundeelaw]

I did not request a SDAR. Should I do that or am I a bit late.

?

 

 

You are not too late. Send in something like this. Copy it if you want to. It is a Template Letter.

 

Send one into them to make it formal, although the 40 days will start from the day they receive it (2 days after posting 1st class or recorded delivery date).

 

Your address

Date

Dear Sir/Madam

　

Account No/ No’s xxxxxx

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards, mobile phone account (Delete which does not apply)

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

Copies of all documents which include any of my personal information including copies of any contacts or invoices, 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 which contains my personal or financial information, or which pertains to me.

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.

 

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.

I enclose a cheque in the sum of £10 to cover your fee.

 

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

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

Your name

[diamondgirl]

And don't forget to add all communication must be in writing.

 

DG

[dcems]

thanks a lot, will update as soon as I have one

 

Also found out that this company buy very old debts and that SAFE(struggle against financial exploitation) are investigating. It appears its highly unlikely this will go any further as they wont have any evidence to provide!

Edited January 27, 2010 by dcems

[dcems]

well, now got another company chasing me for this £55-Hamptons legal. Threatening me with a CCJ and baliffs. never received any response to my request for evidence. Rang Hamptons and they checked file and have put on hold, saying they will be contacting the mobile company to get the evidence. not being funny,but this has been going on for 7 months!

 

I think its high time I just contacted the office of Fair trading. Plus they have put a default on my credit file for this debt so I am fuming. how can these companies get away with this sort of thing??

 

DC

[mandyjayne]

Hamptons are the same people as Lowells...just sit at a different desk in the same office but pretend to be the "Legal section"

 

MJ:)

[dcems]

I cant believe that! The woman acted like she knew nothing about my file. Grrrr, i hate having this hanging over my head. why do we have to fight this sort of stuff?