CPR part 18 vs CPR 31.14 Confused? well read here

[coledog]

Rubbish - please remove the bumps, sticky requests etc and keep the important stuff - I have given this link to people who really have requested help and I would ask that it is easily available to those who need it, if there is some reason why you do not want us to do this then pls inform us fully

 

love from the coledogX

[dx100uk]

Rubbish - please remove the bumps, sticky requests etc and keep the important stuff - I have given this link to people who really have requested help and I would ask that it is easily available to those who need it, if there is some reason why you do not want us to do this then pls inform us fully

 

love from the coledogX

 

if there are bumps remaining following my post on behalf of the siteteams' work earlier, flag them up

 

i think we got them all though, bar a mention of it to be stickied - that is being left in so's admin are aware of it when it gets reviewed.

 

dx

siteteam

[angel_1]

hiya all

 

just looking and re reading again about cpr part 18 now understand its for information only, so could i perhaps do this request for say statements for the life of the account? and what other info could i ask for

 

cheers angel x

[pt2537]

nope

 

But, you could ask if the Claimant has in their possession the statements for the term of the account

 

or

 

What period of statements does the claimant have in their possession and if such items are in the Claimants possession then would the Claimant provide copies to the Defendant

 

You have to remember this is not for a fishing trip, you must have a valid reason for asking, you cant just dig and dig til you find something to latch onto

[angel_1]

hiya pt

got you thanks, so as ive already asked for the sars info and the original creditor was asking me to send it some form of id, suppose i could do that instead and see what i get back without doing the cpr section 18 letter

 

im still a bit uneasy in sending a copy of drivers license or passport suppose best send it special delivery to ensure it arrives ok,

 

if i want the sars info i suppose i have no choice but to send in the id

 

catch up laters angel x

[pt2537]

Angel

 

NO NO NO NO NNNNNNNNNOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

 

You dont send originals to them,

 

a photocopy will suffice, if they wont accept that then go to a solicitors office and have them certify the copy as being accurate.

[diddydicky]

if your address is the same as that which the agreement was entered into- and the claimant and/or their sols have been corresponding with you at this address- thyen you would be entitled to |REFUSE to proove your identity in this way

 

the fact of the correspondence and statements to you at this address is sufficient proof of your identity

 

if not- then the creditors and/or sols are in breach of acts relating to information security

 

if the case is as i outlined- write and tell them that they are being deliberately obstructive and well aware of your identity and that any further refusal to acknowledge your identity/obfuscate will be disclosed to the court as an abuse

[angel_1]

hello pt2537 and diddydicky

 

sorry didnt make myself clear i wouldnt send the originals only a copy of say my passport page with my passport no and info or a copy of my drivers license,

 

but like you state all info has been sent to me to my address for everything, why are they still wanting the id info, which i find very strange and i cant find anything on the ico site that it states that i Must send in that info if im requested,

 

anyway i think that i may have the majority of the statements anyway but the credit card was an mbna one but with alliance and leicester, the sars i sent to alliance and leicester, but should i also do a seperate sars to mbna too?

 

cheers angel x

[means2anend]

passports and driver licenses HAVE SIGNATURES...be on your guard!!!!

 

m2ae

[SteveH2508]

Hoist them with their own petard and send them a very dodgy illegible photocopy. Sauce for the goose is sauce for gander...

[bustthematrix]

Hoist them with their own petard and send them a very dodgy illegible photocopy. Sauce for the goose is sauce for gander...

...and just how much time and effort will it take angel_1 to 'fabricate' that? We LIPs don't have docufab factories like some peeps we know!

[bustthematrix]

passports and driver licenses HAVE SIGNATURES...be on your guard!!!!

m2ae

Agreed - be wary of sending anything that binds both your picture AND signature to these folk. DD's advice in post#92 is key.

[dx100uk]

you are under no legal obligation to supply any documents that varify who you are.

 

how the hell can they varify who you are from a picture without a sign that matches the one they must have on record.....

 

they cant.

 

delaying tactic

 

theres a thread on here that followed the same route as you.

it went to court and the judge ordered them to send the info

 

hfc and restons i think

 

dx

[angel_1]

Good Morning everyone thank you and so sorry i seem to have highjacked this important thread, will search out that thread with hfc and restons many thanks

 

have a fun day and yes i believe its all a bit of a delaying factor and if i sent my complaint to ico they need about 4 to 5 months to deal and thus i think court would be quicker and easier, cheers angel x

[pt2537]

Angel

 

Who is it you are trying to get disclosure from?

 

If its the party to the court proceedings, then they cannot hide behind data protection at all,

[NewToTheFight]

Jf it's our friends at Pestons they are masters at evading, even when party to proceedings, and will do everything to avoid disclosure. I have a letter from them stating due to data protection it is not their policy to accept requests without a signature.

Them failing to disclose was part of my downfall. maybe PT can advise how to force the claimant to disclose

[bazaar]

The forceful way is to do it via court order, theyll know you mean to push them , but it;ll cost you

[NewToTheFight]

Understood Bazar, unfortunately we don't always have the money to pay £75 a pop.

There was me thinking we all had to play by the CPR rules, it appears if you have deep enough pockets you are in the best position

[bazaar]

Understood Bazar, unfortunately we don't always have the money to pay £75 a pop.

There was me thinking we all had to play by the CPR rules, it appears if you have deep enough pockets you are in the best position

 

Aint that the way,

You'll need to decide what you want to do now.

If you cant afford to pay them what they are demanding, then really, its up to the court to decide a payment regime.

BUT, you may well have a good point of argument, that gets them to back off.

You must certainly go over ALL those little charges theyve lumped on

[NewToTheFight]

Hi Bazaar

My case is, I suspect a lost cause, I was trying to help Angel and others who will follow to find out the rules about disclosure. And also how to bring it to the judge's attention that they are deliberately obstructing by not disclosing.

[dx100uk]

as ref post 86.

 

the decision/review of if/if not this is a stickies is something for admin and not the siteteam.

no good keep pulling our tails

 

p'haps place this as a shortcut on your desktop to easily paste into any replies elsewhere you make or even bookmark the thread

thats two ways to minimise effort.

 

but you'd still have to do that anyhow, even if it were a stickie.

 

dx

[citizenB]

Other useful links for threads started by pt2537 are :

 

Embarrassed Defences and the problems with them

 

Legal Action - Important if you are being Sued

 

The following thread is by surfaceagentx20 and is referred to in the threads above.

 

Gettiing them to reveal their vitals

 

This thread is a resource only. Please start your own thread if you require advice.