Arrow Global responded instead of Style card but want paying AGAIN!

[007coot]

Hi,

 

I SAR'd Style financial which was due to expire today (9th Aug). I enclosed a cheque for £10 which was cashed 24/7/12.

 

Today I received a letter from Arrow Global thanking me for my letter dated 13th June addressed to Style and that it had been forwarded to them as they are the asignees of my account. They acknowledge my request for a SAR but say I need to pay them £10 for the data and until payment is received my SAR has no effect.

 

What!??? so will Arrow have all my statements anbd history for the entire life of the account? and why did Style cash my cheque? Now shall I ignore this letter and report Style to ICO for non-compliance and prove they cashed cheque or shall I contact Arrow, tell them to go take a run and jump for another £10 fee? not sure what to do but one thing I do know is that these banks certainly know how to wind people up!

 

Any advice on way forward appreciated

[Bazooka Boo]

Hmm I see your dilemma......or is it?

 

First off I wouldn't make contact with this tame DCA (arrow) You sent Style a SAR they cashed the cheque, when they are out of time (40 days) then send them a LBA giving them a further 4 days in which to furnish you with your legal request, before you raise the issue of their failure to comply with the ICO.

 

I would ignore Arrow, it is pointless getting into letter ping pong with them, or send them http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Normal rules apply, keep a diary of events, and a record of everything sent/received.

[BRIGADIER2JCS]

40 days from the date the creditor receives the SAR is the time limit.

 

You will need to pay again and the write to the data controller at Style

and demand a refund.

[007coot]

Thanks Bazooka Boo, I'd be a bit worried about sending Arrow the letter as I have a CCJ and they got a charger put on my house, I owed them £1,100 and it's just under £600 now so be a bit worried to stop paying. I think I shall go with your first option, send Style a LBA and remind them they cashed my cheque, then ignore Arrow.

 

Thanks very much

[Bazooka Boo]

Style have already cashed the cheque and have passed it onto Arrow to collect who are now claiming "they" need to be paid the fee??

 

That isn't right?

[007coot]

Hi Brigadier,

 

40 days from the date the creditor receives the SAR is the time limit.

 

Style's 40 days is up today

You will need to pay again and the write to the data controller at Style

and demand a refund.

So will Arrow have access to all my history for the entire period I have held an account with style? I thought they were a DCA that just purchsed the debt?

[007coot]

Correction needed: the 40 days was actually up the day the cheque was cashed so it's 2 weeks overdue, can't believe I missed that! I mistakenly wrote the 9th on my spreadsheet (which is deadline for another one I'm claiming)

[Bazooka Boo]

Brig is probably busy on numerous other threads, but yes a SAR goes to the Original Creditor (OC) of the account, so if you sent a SAR with the £10 fee to the OC (and they cashed it) then passed it to Arrow to respond, it is highly likely that Style are going to fulfill their legal obligation, just give them the 40 days to comply.

 

Arrow can either be ignored for the time being, OR you can send them the 'in dispute' letter stating that you have requested the SAR from the OC so until they (the OC) have supplied this information you are not going to correspond further.

[007coot]

Ok I'm a bit confused, Style cashed cheque and their 40 days is up so is it ok to send this:

 

Formal Complaint Misappropriation of Statutory Fee

Non Compliance with Subject access request.

 

Dear Sir or Madam,

 

I refer to your letter datae xx xx xxxx regarding the Subject access request

made by me on xx xx xxx, you have cash my cheque in the sum of £10.00

and have failed in your duties under the Data Protection Act 1998.

 

I require the immediate refund of this money, and confirmation that you

do not hold any data relating to me on any manual or electronic storage

sysytems, if you are unable to confirm this the I require you to supply all

data you hold relating to me.

 

I am preparing a complaint to the Information Commissioners Office

regarding this matter and will be sending this unless you comply with

the above within 7 working days.

Recorded Delivery Marked Confidential.

 

This is what Brigadier poosted up for me when Egg cashed my cheque and then said they weren't obliged to send me info as my account had been closed for over 6 years, they subsequently complied and full SAR was received within a few days.

 

I don't really think it's fair that I should pay Arrow and wait another 40days and then try and re-claim a refund from Style, I'm really struggling to pay these £10 fees as it is. I also can't stop paying Arrow as they have a CCJ with Charger so I'd be too worried about that.

[Bazooka Boo]

Yes that sounds fine, if Brig posted that for you previously then there is no reason why it isn't suitable for Style.

 

DO NOT pay Arrow £10 as you have already paid for the SAR to style.

 

Ensure you keep on top of that CCJ arrow already have.

 

Try not to worry too much about this, it is no doubt lost in communication between Style & Arrow.

[007coot]

Yes that sounds fine, if Brig posted that for you previously then there is no reason why it isn't suitable for Style.

 

DO NOT pay Arrow £10 as you have already paid for the SAR to style.

 

Ensure you keep on top of that CCJ arrow already have.

 

Try not to worry too much about this, it is no doubt lost in communication between Style & Arrow.

 

Great thanks

[007coot]

I had to tweak it a little bit because I'm obviously ignoring Arrow so don't want to mention that they have just written to me, and anyway Stlye have already exceeded the 40days so letter from Arrow could have crossed is this ok to send?

 

Dear.........

 

I am writing regarding the Subject access request made by me on 13thJune 2012 which is now seriously overdue. You have cashed my cheque in the sumof £10.00 and have failed in your duties under the Data Protection Act 1998.

I require the immediate refund of this money, and confirmation that youdo not hold any data relating to me on any manual or electronic storage systems,if you are unable to confirm this the I require you to supply all data you holdrelating to me.

I am preparing a complaint to the Information Commissioners Officeregarding this matter and will be sending this unless you comply with the abovewithin 7 working days.

Yours ..........

[Bazooka Boo]

Yes that should do..

[007coot]

can someone help me please, Style have ignored my letter before action so I have reported them to ICO. It will take ages before anything is sorted so I want to send Style a letter informing them that i have reported them. (I want them to be aware I carried out my threat becasue it could be months before ICO intervene).

 

I don't want to threaten forcing compliance through the courts though unless I know I definately can because I don't want to look silly! There head Office (the address which I have been using for all correspondence) is in Edinburgh so can I force compliance thorugh a court or not?

 

Any help on how I should word a letter to them would be gratefully received.

 

Thank you

[Bazooka Boo]

Just been re-reading my advice, I meant to say send them an LBA giving them a further 14 days in which to comply, not 4!

 

But not to worry no harm done.

 

If you have lodged your complaint with the ICO and they are now looking into it, then in all seriousness, I wouldn't continue to rattle their cage, the ICO will hopefully do that for you!

 

IMO this is now disputed, they have failed to comply with your legal request for documents, so no enforcement action 'should' be taken.

 

Just print off, or bookmark this letter, and if arrow or style or any other immature outfit should rear their ugly mug, then this will be your only reply until the ICO has carried out it's investigation.

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency