HELP!!! - County Court Claim Received for Debt Sold 10 years after Default**CASE NOW STAYED **

[SF2010]

SANTANDER NOT REPLIED TO LBA _ NON COMPLIANCE WITH SAR

 

I should have had Santander reply to my letter before action by today but they havent even acknowledged my letter. I did sent it recorded, so its now time to take action and apply to the court for them to demand compliance, plus report them to the Data Commissioner.

 

Can anyone advise what form I need to use to send to the courts and how I can get hold of one? I think I have a link to the the Data Commisioners information, but if anyone has a draft letter to hand, I would be grateful if you could share it.

 

Thanks

[pumpytums]

Hi SF,

as I understand it their are 2 routes you can take the first is for damages and is a money claim for none compliance. The second is for the court to force an individual to do something in your case abide with your SAR request.

 

Try this

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

 

Pumpytums

[SF2010]

Hi Pumpytums

 

Am I glad to see youve been on !!

 

New letter received today from link! I have posted those here: http://s979.photobucket.com/albums/ae273/HAPPYNESS2010/Link%20Aug%2011/

 

Please note the copied they sent are not the same as the 'copies' they sent me in 2007 (both attached). The ones received today are undated and unsigned but have copy marked on them. I'm also interested to know when Abbey became Santander as its odd that they now do not have a signature on the Abbey letter. I never received it from Abbey anyway. i think a bit of digging is in order.

 

I wrote to them the last time they kindly offered me an opportunity to save court time and costs and sign an acknowledgement of owing the debt to them and told them I would not respond to any more letters.

 

More than 28 days have passed since I filed my defence. I am hoping to hear from the court soon as I on a rollercoaster most of the time and you font really feel the breaks in between the letters as its an insipid trickle of harrassment. I made my last letter very clear in that I would not respond to any further correspondance, unless they had fully complied with the CPR's. So this time, Im doing nothing. I think my evidence is building up, but Im still cautious as luck isnt my middle name!

 

Thanks again Pumpytums!

[SF2010]

Ok, I found out the following:

 

A major reorganisation of the bank in September 2003 that also saw the brand name shortened to Abbey, the abbey.com domain name launched and the Abbey National umbrella logo dropped. Santander was launched January 2010

 

It doesnt change anything for me, but others may find it useful.

 

Sorry for spelling errors in last post! Too late to edit now!

 

Kind regards

 

SF

[havinastella]

Hi SF,

 

Firstly, great advise from everyone so far.

 

Have a look at my thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?49571-Havinastella-V-Lloyds-TSB

 

Read it, re-read it and read it again. It does not make sense at first, but all comes together at the end as I was learning.

 

All the info that you have already received, check, check and check again. There is normally something that brings there case crashing down. Dates/Company names etc.

 

Any help with the N1, just send a PM pointing me back here.

 

Jogs

[SF2010]

Oh thanks so much Jogs! I am so grateful!

 

I will PM for help if needed, thanks for your kind offer!

 

SF

[SF2010]

Can I complain to FOS regarding continuing to send me these letters without full compliance with CPR? Or should I just hang fire and concentrate on enforcing the Santander SAR for now?

 

The copies of so called assignment letters sent by Link havent even been signed. I also note that the date on the letter is 9 days ago, even though received today. It was the same with the last letter from them. The envelopes are now also prepaid and dont show any date markings, but I keep them anyway.

 

Having an earlier night tonight folkes! Thank you all so much and please keep the advice coming!

 

SF

[pumpytums]

SF,

have you told Link that you have made payments to this debt?

 

If not those payments may not have been applied. In which case it may be Statute barred.

 

They will need to produce evidence you have made payments in the last 6 years if you did not mention them.

 

Pumpytums

[SF2010]

Hi Pumpytums

 

I did sent a letter back in 2007 which advised them that I was not aware that they had bought the debt and I was paying £1 token payments to another DCA. They may still have that information, but they havent sent me details of any payments and neither has the OC, even though the OC letter regarding that account (not the complete SAR) says they've sent statements to me seperately. I didnt receive anything. I offered them a £1 token payment when I received their LBA. Before they had received it, they had already made their court claim.

 

I've asked for them several times in the CPR's. They havent been able to send me copies of the letters that they sent to me in 2007, they've sent reproduced copies of letters from themselves and Abbey without dates and signatures. Im surprised they can do that on behalf of Abbey!! I am very interested to see if Abbey have a copy of the letter Link says was sent to me from them. I am 100% positive that I never received it.

 

I'm not sure how that affects my position in this case, but if they had details of payments, I would imagine that they would have sent it to me to get me to sign their letter they wrote to accept judgment. I also need to get the default notice and termination notice. If they had everything they needed, would they wait 3 years to go to court? There track records would suggest not.

 

I just have to get the Abbey SAR sorted and then see if they have any case. Im just waiting to get the funds to send in the N1 court claim, but will fill it in the meantime. I know my account blance at Abbey is £0 and they said it would have been written off when I called the number on the letter from them.

 

Shouldnt I have heard something from the court by now? The 28 days for a response to my defence was up 2 Aug, or do they 14 days to acknowledge the defence too?

 

Thanks again Pumpytums, I just have to keep going.

 

SF

[SF2010]

Hi All

 

I have contacted the courts today and they have advised me that the claim has been stayed, as Link did not reply to my defence. I have not had any further documentation from them apart from their dodgy unsigned and indated assignment letters from themselves and the OC.

 

I understand that this being stayed may not be the end of the road, but is there anything I can do to stop this carrying on once and for all, for example, is it worth just writing and saying this debt is statute barred, or do I just ignore them now and see if they apply to the court with an application to to lift the stay? I would rather put this one to bed as this has come as quite a shock several years later and I dont want it rearing its ugly head again.

 

SF2010

 

Any advice please?

 

Thanks SF

[SF2010]

Hi, does anyone know if I can do a SAR compliance court claim on line, or do I need to hand in my claim at the local county court? Im in a position to send my claim for damages and enforce compliance.

 

SF

[SF2010]

I have made a claim for damages through Money Claim OnLine today for non compliance with SAR. I have 14 days in which to send them detailed particulars of the claim, which will include copies of the SAR, the LBA and a schedule of costs incurred.

 

I also made a complaint to the Data Commissioners Office.

 

Any further advice is always welcome.

 

THANK YOU ALL!

Edited August 17, 2010 by SF2010

[SOD'EM]

My dad had a similar thing happen. I supplied his defence to a Capquest debt but thety never answered it. After about 12 months, they tried to sell the debt to amother DCA who asked the court to lift the stay. The judge said "No way, you should have done something before now, so go away" (basically). The court sent my dad a letter to let him know the decision. He hasn't heard anything since.

[SF2010]

Thanks SOD Em

 

Grateful for that advice. I have seen on here where Caggers have done wonders just advising new DCA's that the account is in dispute and requesting all of the necessary documents from them Deed of Assignment, Default Notice, Termination notice,Statements for the full duration etc etc and they have took off running, so if this does happen, Im going to use the same tactic. After all if they dont have it, they dont have it and from what has happened so far............THEY DONT HAVE IT!

 

Thanks so much for all of your help. Its been a long road, but I have learnt a lot and now tackling another little vulture who have been hanging around for over a decade too. Just checking they have all of the necessary docs before I continue to pay my £1 token payment for the rest of my life! At least they didnt try and make a court claim though, but who knows. Let me get in there first this time!

 

Big Hugs Caggers!!!

Edited August 19, 2010 by SF2010

[MARTIN3030]

Thread title ammended as requested to inform of stay.

[citizenB]

I have made a claim for damages through Money Claim OnLine today for non compliance with SAR. I have 14 days in which to send them detailed particulars of the claim, which will include copies of the SAR, the LBA and a schedule of costs incurred.

 

I also made a complaint to the Data Commissioners Office.

 

Any further advice is always welcome.

 

THANK YOU ALL!

 

You may want to have a read of the following thread if you are making a claim for non compliance.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim-**SUCCESS**&highlight=

 

HTH

[SF2010]

Hi there all

 

I received a statement of acount from Link today which is supposed to be for period 06/09 to 08/10. Funny as they said they bought the debt in Jan 07. This was titled statement number 2. God knows where number 1 went! It also says the date of first movement xx/07/1997, which is the date of the original agreement with the OC. So, no statement for the full duration of the account! It is also showing 2 x £1 postal order payments. 1 was made in response to their letter before action in June 06 as stated in my first post and the second was for the CCA made in June 06. It is my reckoning that by their own statement, the debt is statute barred. As nothing is showing between 1997 and June 2006 and the £1 for CCA 31.14 clearly states this is not to be applied to the account and can only be used for the purposes provided.

 

I'm not responding to these letters, but they do still upset my day! Can anyone advise what to do about stopping them once and for all, as I do consider this to be harrassment.

 

Anyone got a link to the correct area for an OFT complaint? Maybe that will put a stop to it.

 

I got a print out/log from the OC in relation to my SAR the day after my MCOL claim was filed, there was nothing there to speak off, including no reference to the sale of my account to Link, or any letter which Link say I was sent from the OC. However, the OC have still not complied, despite providinging clarity through the LBA, as I do have another account with them which is live, but unused. I didnt tell them that, but thats how I know without doubt they have not complied. They have responded to my court claim by saying that they will defend the claim in full. I have taken a copy of a letter in a thread attached by citizenb (many thanks) and will send this off to them next week.

 

Any advice would be welcome.

 

 

SF2010

[JonCris]

Be warned that by adding said payment to the account they are planning on trying to convince the court that your 2 x £1 payments mean that you have admitted the debt within the last 6 years

[SF2010]

Hi Jon

 

Perhaps they are planning to apply to the court to lift the stay. So what should I do? I still have no default notice, no termination notice, no signed/dated assignment letter, no full statement of account from inception!

 

Any advice welcome!

[SF2010]

Sent complaint to OFT today ref Link. Im going to defend this all the way so if they do apply to lift the stay, Ill STILL be asking for the particulars requested several times and not received, again and again and again. However, I wont do anything more unless they actually take me to court now. Ive had enough!

[SF2010]

Hi all

 

I have read the tc's sent by the oc through my incomplete sar and there is no entitlement to adjust interest mentioned. I can't substantiate the tc's as they are not signed and is page 1 of 2 only. However, it says the following:

 

Interest is calculated for the whole of the loan term on the date this I is made and charged to your account on that date. Monthly instalments are made up partly of loan repayments (capital) and partly of interest and the monthly instalment remain the same each month. However, more interest is paid off at the start of the loan than at the end of it.

 

That's it, no other mention of interest in the t&c's, does this mean link should have tried to add interest at 8%? As they didn't send them but no doubt requested them with the cca I suspect not.

 

Advice please.i

Edited September 4, 2010 by SF2010

[SOD'EM]

It is down to them to find the original creditor and get a true signed copy of the original agreement. I can't see how they can do that. They would have provided it by now if they could do that. It seems to me that they are just trying to play on your vunerability and are hoping you back down. Let the courts deal with it now. They will always give you the chance to air your side of the story.

[SF2010]

Many thanks for your continued advice. As planned, I wont respond to them again and if they want to apply to lift the stay, let them go ahead. I should have been calmer, but it does get to you when they keep sending things that they are making up. I hope the OFT will soon take action against them. I also hope that my complaint will make them stop, even though they dont respond to individuals.

 

As one of my fellow Cagger hero's have advised, there is a clear 6 years of no contact/payment and the fact that you have now made payments doesn't matter a jot. The 6 years statute barred still counts if you had paid at 5 years 11months then the clock would have reset but it can't after 6 years.

 

Thank you and take a bow! I am very grateful!

[SF2010]

Hi Caggers

 

Just got a letter from Santander Litigation Dept ref my claim for non compliance with SAR. They now have only 3 days to file their Defence, hence the special delivery letter, which was placed in my box without me signing for it.

 

My batteries have run out in the digital camera,so i cant post this joke of a letter up here, but will retype it in full:

 

Dear Madam

 

i write further to the issue of the above claim. I understand that you have been liasing with the Data Protection Team in relation to your SAR.

 

Further to your correspondence with (Named person in the Team), I understand that the SAR is being completed and wil be sent to you once all the documentation has been collated.

 

In the circumstances I therefore invite you to discontinue your claim for an order that Santander comply with the SAR, as this process is underway. Further, santander recognises that you have incurred incovenience in issuing the above claim.

 

To that end Santander is willling to compensate you for the time taken in dealing with the preparation of the claim. According to the schedule provided in your Particulars of Claim this totals £??.?? (Less than half of what was claimed) . Santander will also offer to compensate you for the issue fee of £25. This therefore totals £???.??

 

You are not entitled to claim for the time taken in dealing with your SAR- if the SAR response had been received by you, you would not have issued the claim, and is therefore the time spent in dealing with the SAR is independent of the preparation for the claim. [This is exactly as stated, so no apologies for innacurate grammar] Further you are not entitled to claim the £10 fee for the SAR as you are statutorily obliged to pay this when making the SAR which, as is stated above, is in the process of being collated.

 

This offer of £???.??, together with the completion of the SAR, would be in full and final settlement of your claim.

 

I would be grateful if you could confirm whether you accept this settlement offer by calling me on ********** or alternatively emailing me at **************

 

Yours faithfully

 

A Joker

 

Solicitor

 

 

I contacted him and advised that I would not accept that offer, particulalry as they still havent complied with the SAR 28 days after speaking to the person in the Data Protection Team. I could have had 2 by now.

 

My response to him will not be sent until I can get someone to take a quick look. I dont see why I should rush, he knows Im not accepting it as I advised him by telephone as requested. Its their clock thats ticking as there's only 3 days to go. So tommorow is their final curtain if they dont work weekends. It would no doubt cost them more for the solicitor to look at this at the weekend than the whole of my claim, but hey, so be it.

 

Dear Sir/Madam

 

Thank you for your letter dated ** September 2010, received today, ** September 2010. The content of which is noted. I am writing to you as requested following advising you by telephone today, both by telephone message and personal conversation that your offer of full and final settlement is not accepted.

I would like to draw your attention to particular statements made within the letter received. The letters which have been supplied by Santander to date attaching limited documents advises me that this is all I am entitled to and does not have a contact number for the Data Protection Team in order to facilitate any conversation in relation to the SAR, despite the letter advising that I contact the number provided if there are any further queries. I have not been ‘liasing’ with the Data Protection Team, as this would suggest that there has been ongoing communications with that Team, which there has not, despite my best efforts to do so. You will note that the schedule of costs and disbursements show more than one previous attempt to speak to someone about my SAR and was not able to do so. I spoke to ******** on only one occasion following receipt of yet another non-compliant set of documents received on ** August 2010. I had to go through 4 different people insisting that I be able to speak to someone who was able to action the request for the full SAR and was eventually connected to *******. You advise me in your letter that you ‘understand’ that the SAR is being completed and will be sent once all the documentation has been collated. A further 28 days have passed since ******** advised me that she would ensure that the full SAR would be actioned and it has still not been received. Therefore, I do not accept your invitation to discontinue my claim for an order that Santander comply with the SAR and damages at the courts discretion.

Your offer of compensation for the time taken in dealing with the preparation of the claim is not accepted. You have advised me that I am 'not entitled to claim for the time taken in dealing with the SAR, if the SAR response had been received by me, I would not have issued the claim'. I find that statement rather inappropriate, as; if I had received the SAR I would not have had to take the time to deal with it. I am entitled to claim damages at the courts discretion and have provided you with the detailed particulars of that claim which includes compensation for my time and costs incurred.

You also advise that I am 'not entitled to claim the £10 SAR fee as I am statutorily obliged to pay this when making the SAR', which has not been received. I am sure you are aware that there is also a statutory time limit in which to comply with a SAR request, the response to which should have been received by ** July 2010. Today’s date is ** September and I still await compliance. I do believe that entitles me to claim for what I have not had and at the very least would constitute part of the compensation for damages in relation to Santander's continued non-compliance.

Having reviewed and revised the costs involved and added further costs and time which have been incurred in continuing to deal with this matter, a revised schedule is attached and considered served. I would require an offer of full and final settlement of the full costs within the attached schedule in relation to damages and costs incurred and accompanied by receipt of full compliance with the SAR before considering discontinuance of the claim. Should further costs and time be incurred in dealing with this matter, the schedule will be amended accordingly and the court asked further damages at their discretion.

I still await compliance with my Subject Access Request and hope that you will not await a court order to enforce compliance, thereby causing further damage.

 

Yours faithfully,

 

Ok folks, can you believe the cheek when they still havent complied? Anyway, the costs have now gone up now! Any advice on the letter would be gratefully received. Im also interested to find out if I can have this hearing in my own town should it proceed to court.

 

SF2010

[SF2010]

Should I revise the schedule removing the SAR fee and ask them to pay interest on the SAR fee @ 8% per day, until compliance?

 

Is it acceptable to ask for money for the personal distress caused and if so how much would that be?

 

As the claim has now risen, would they be more likely to accept the judgement as a cheaper option, or is it about their reputation? So far, they havent been too concerned about it.

 

SF2010