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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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    • The Senate Finance Committee wants answers from BMW over its use of banned Chinese components by 21 June.View the full article
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Microfiche statements


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I can't imagine anyone in this day and age converting anything to Microfiche. Scan it by all means, but surely its stored on a server somewhere.

 

My company has just scanned hundreds upon hundred of machine Bills of Materials from paper copies onto computer. Why would you do anything else? Unless you were deliberately evading the DPA? Hum.....

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Surely the whole question of microfiche is just evasion. If using the library template for a DPA request:

Please supply me with a complete list of transactions and charges relating to my bank account since DATE. Alternatively a complete set of bank statements for that period will be acceptable.

Your request is NOT for statements but for a list of transactions. You only offer the opportunity for statements to be provided IF the list is not available...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm amazed that the Abbey have started doing this - the 2 DPA requests my partner and I made were fulfilled within the 40 days (just).

 

Why would some customers information be held on microfisce and others not?

 

It's jut not believable that a) microfiche would be used in this day and age, and b) that there is no pattern as to who's account gets 'archived' and who's doesn't.

 

I suggest that it's a stalling tactic.

 

Incidently, people can take legal action on their own for non-disclosure of the DPA - by doing so, the IC has the power to go into their premises to find evidence that they are lying. It might be worth reminding them of this fact.

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Can someone remind me where I have read that we can have access to our Bank Records at their premises....

 

The reason for asking is that if we ask a week before hand to go to our local branch or wherever the Abbey hold the microfiche and ask to inspect the actual microfiche they could not refuse that request and this would then prove whether they are actually delaying or speaking the truth. It would also give us an opportunity (if these microfiche exist) to inspect exactly nhow these fiche are categorised and therefore covered by DPA or not.

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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That is, of course, if you can get to Bradford. I would also doubt that they would give you access to the machine - since this seems to be their key weapon in avoiding compliance.

But refusing a legitimate request to view the information would look bad for them...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They wouldn't refuse any legally binding request - what I am saying is that they wouldn't let you see the machine. They would just produce all the printout's.

 

I would also expect the machine to be in a highly restricted area.

 

 

 

 

 

 

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exactly my point !!

 

If as the banks quote, the microfiche are outside of DPA as they are not a "relevent filing system" then they surely would have nothing to hide to stop us viewing them.

 

If they DO stop us from viewing them then surely thats a case of warning them that we see this as non compliance / obstruction of our basic rights and we would report them to the IC

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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True - but as Alan says, it would be a case of forcing their hand and MAKING them print out the information...they wouldn't allow access to the machine. However, the machines themselves are really quite small, not much more than a glorified desktop microscope...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Why would some customers information be held on microfisce and others not?

 

It's jut not believable that a) microfiche would be used in this day and age, and b) that there is no pattern as to who's account gets 'archived' and who's doesn't.

 

 

I made this point elsewhere. How can they KNOW that YOUR account is on microfiche unless they dug it out and found it? Which would have been difficult in the first place if it wasn't in a relevent filing system!!

 

Martin

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  • 12 years later...

This topic was closed on 03/07/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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