1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[Signaller]

They could argue I was being awkward, but I'm not though.I need to know whatever information they have on me.Is it usual to send SAR requests in this way?I doubt that whatever is on it would include transcriptss of recorded calls because it would prove beyond any doubt (if there were any) how they obtained the CCJ in the first place..Signaller

[AndyOrch]

Same can be said of them why not include the password with the letter? why need a password?

So you ring up and get in contact ...... send it back and threaten to involve the ICO.

 

Andy

[Signaller]

Thanks Andy, will send it back.Never heard of a SAR reply in this way before.Are they just playing for time?I don't know.Obviously, I will update you all if there is anything else to ask/add.Thank You.Regards...Signaller

[AndyOrch]

They would use the reason DPA so the password is separate, but then again what about paper versions.There a few companies that do use CDs

so there is no hidden agenda.The fact is you want a paper version .... end of.

[caro]

Same can be said of them why not include the password with the letter? why need a password?

So you ring up and get in contact ...... send it back and threaten to involve the ICO.

 

Andy

 

I wonder if this is to do with acual data protection. Without a password anyone could read it - if they had the necessary equipment of course. I don't think it should be a problem getting a paper copy.

[DonkeyB]

Equally anyone could read the paper version!

 

I see no problem in calling them for the password, as long as you can record the call. Getting the info is more urgent than being pedantic about whether it’s in writing.

 

Moreover, if they have supplied PDFs, that may provide extra info in the metadata in case anything has been fiddled with – I do a lot of PDF metadata analysing in my spare time...

[Signaller]

Thank You both for your time yet again.I wouldn't say i was being pedantic, although I can understand why you might think that. I do not have the facility to access whatever is on the CD.Can I ask for a paper version, and do they have to supply it seeing as they have already replied to my SAR.As I said in a previous post, I'd rather not speak on the phone to them, especially after my last conversation.I also don't have the facility to record calls either.Signaller

[dx100uk]

what is on the CD??

 

easy sorted you have a PC!

 

dx

[Signaller]

Thank You for dropping by dx.This computer at work does not have a cd drive, neither the one at the library near home, and I do not have a computer at home now.It may seem reasonable for them to send a cd, but equally I don't think it's unreasonable for me to ask for a paper version.I'm not trying to waste their time, but I do need to know what they've sent me.Thanks again for your time.Regards...Signaller

[AndyOrch]

Is this still unresolved?

 

Andy

[Signaller]

Yes Andy.I will write a letter asking for a paper copy.I know it's been a few days, but I wanted to hear peoples opinion and advice before I went any further.Regards...Signaller

[dx100uk]

you must be friends with a neighbour or mate that has a cd drive intheir pc or lappy surely!

 

just get password and get printing.

 

pers i wouldn't see it as an issue to have a quiet word with the library staff, they'll have one and could do it for , most library staff will help if you explain its for a court case i'm sure

 

if you came into me i would

 

dx

[Signaller]

There are other libraries in the area.Will pop in another tomorrow and post again tomorrow night.Regards...Signaller

[caro]

Equally anyone could read the paper version!.

 

Exactly, so a password protected CD is safer, not to mention cheaper to post! Don't forget they only get a tenner.;-)

 

Phone the number for the password and tell them you can't get the info from the CD. I know that our computers at work don't have cd drives or any way of putting info on or taking it off from unauthorised sources, apparently to avoid possible viruses, or info being taken off our systems so I daresay other organisations are the same, but if you do have a friend who could help that would be a solution.

 

Back up the phone call with a letter to be on the safe side.

[DonkeyB]

When you talk to them, do NOT discuss the case at all. Just demand the pasword.

[Signaller]

Thank You, to everyone who replied to my thread so far.Will have to phone for the password tomorrow or Monday.If I can access whatever is on the CD, I will have a look and get back to you again....Signaller

[Signaller]

Not sure what to make of what was on the CD.There is no statement of account, no default notice,no termination notice, no transcripts of recorded calls, no details of any legal action.They have sent copies of all the ID they requested when I took out the loan.Copies of application form, copy of a loan agreement and seperate terms and conditions.There is a piece of paper regarding arrangement fee and broker fee.At the time I dealt with them direct, and did not go through a broker.When I say there are no transcripts of calls, there is a list of calls made to my work stating 'phoned Mr S at work but not in. Phoned Mr S mobile but no answer.Mr S requested everything in writing (yet they still continued to call).One thing that must go in my favour is a note stating 'Changed address on system'.There is a note saying 'Atlas letter sent to Mr S'. Another saying '2nd Atlas letter sent to Mr S'. Who is/are Atlas.I have NEVER heard from them or about them.They claim to have sent me copy of my agreement in late 2010.They have sent nothing.And even if they had, should it not have been part of their reply to my SAR?.There is a note stating 'Called Mr S mobile, and he had a very blazee attitude saying he will only pay if we take him to Court'. Let me assure youl this is not true.I asked for a statement of account to determine what I did actually owe them.Dated 17/03/2011 is a note stating 'Account for legal action'. and 28/03/2011 stating AoE gone to employer.Even if I had been aware of the CCJ, this timeline does not even allow me to defend it.Another not saying 'Fax sent to County Court'.If this is true, should there have been a copy sent to me in my SAR request?Sorry for the confusion regarding the recorded calls transcripts.There is no call mentioned about the one I received in February this year, so unfortunately it is my word against theirs on that.I need to go back to the library as there was not enough ink left in the printer.There are 86 pages in total but they still have not sent what I asked for.Am I right in thinking that usually an account could be put in to dispute if they fail to comply with a SAR? Bear in mind that they have already taken action, although enforcement action is suspended until the outcome of my Set Aside.I want to repeat, I am not trying to avoid a debt.I just want to know what I do actually owe, not what they say I do.Sorry for the long post.I thought I had everything clear in my mind, regarding the Set Aside hearing, I feel like I'm back at the beginning. Can someone please advise if/when you get time.Thank You, as usual..Regards...Signaller

I am aware that the Court will probably only be interested my grounds for a Set Aside, and not necessarily how they obtained the CCJ in the first place.I am confident (mostly thanks to yourselves) the Set Aside will be granted.I still want to go after them for the way they have conducted themselves, and will contact the relevant bodies in due course.

Edited July 4, 2011 by Signaller
Add further information

[AndyOrch]

Probably not enough detail to put in paper format Sig:madgrin:

 

Andy

[Signaller]

Hi Andy, thanks for popping by.I'm not thick, by any stretch of the imagination, but what did you mean in your post.What should I do now regarding the SAR, as they have obviously not complied..Regards...Signaller

[AndyOrch]

I ment not enough detail to fill an A4.In all honesty you shouldn't be requesting details vis a DSAR once litigation as commenced anyway.

If you cant get enough detail or response from CPRs then change tact there are more ways to skin a rabbit.

Who advised you to do a DSAR anyway?

 

Andy

[Signaller]

Thanks again Andy for your time.It was my idea to SAR them, and was advised I could at any time.They wouldn't necessarily have to reply to a CCA request once legal action has commenced though.This is what I am led to believe...They have obtained the CCJ, and subsequent AoE via the back door (so to speak).I am confident the Set Aside will be granted, but how can I find out what I owe without a SAR.If the claim is started over again, I must be allowed to defend it.I have asked in the past for a statement of account and received nothing.I wanted a copy of the DN,TN etc; to help prove my case against them.They have not sent these.How would you skin this particular rabbit?...Regards...Signaller

[AndyOrch]

Thanks again Andy for your time.It was my idea to SAR them, and was advised I could at any time.Incorrect any Claimant would regard it as a fishing trip once litigation as commenced They wouldn't necessarily have to reply to a CCA request once legal action has commenced though.Oh yes they would and is the best way to put the Claimant in default and use in any defence This is what I am led to believe..If the set a side is successful (which I hope will be) then the claim starts from the beginning and the use of the CPR plays part.They have obtained the CCJ, and subsequent AoE via the back door (so to speak).I am confident the Set Aside will be granted, but how can I find out what I owe without a SAR.CPR If the claim is started over again, I must be allowed to defend it.You will I have asked in the past for a statement of account and received nothing. They must now comply I wanted a copy of the DN,TN etc; to help prove my case against them.They have not sent these.How would you skin this particular rabbit?...Regards...Signaller

see above

Regards

Andy

[Signaller]

They started litigation without my knowledge, and obtained judgement (by default) and enforcement,again without my knowledge.I didn't even know they were going to take action against me.They haven't followed the procedures.Am I now right in thinking that I cannot complain to them about what they have sent me.Or rather what they haven't sent me? Assuming the Set Aside is granted, what is my next step?CCA?SAR (again)?How can I defend if they start action again.I need to know what I do actually owe them if I am going to defend. If they haven't sent everything this time, I doubt they will if I have to ask them again.I'm sorry, I thought I understood the process but I am more confused than ever.Any further help/advice/comments will be greatly appreciated.Tha k You...Signaller

[Signaller]

Hi dx, I would really value your opinion/comments if you have time.Please don't take offence Andy.I just noticed dx was looking in...Signaller

[AndyOrch]

Dont be confused its quite straight forward.Sig not having the benefit of your whole thread (only coming in at the CD DSAR if you let me

digest the full thread I will be happy to advise further tomorrow.

 

Regards

 

Andy