TBI Claimform - Old HFC Loan

[spartathisis]

Cerbs: Would I be right in thinking that the following excerpt from the link you provided means the ICO believes if no record of an agreement exists then recording of information is illegal? Not sure what they mean by 'Normally' though. HSBC just defaulted me, but admit in writing no agreement exists. my thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?312177-HSBC-no-CCA/page7

 

Accuracy of a lender’s default records

39 Records

 

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

 

 

Also how does this impact on reporting of data if no CCA admitted?

 

2 The Data Protection Act 1998, in the data protection principles, sets legally enforceable standards for organisations. The principles require, among other things, that:

 

• personal data is processed fairly and lawfully

[spartathisis]

Have copied my post to my thread to avoid hijacking any further

[gust]

Thankd for your input. Useful for me to. I will read your post too.

[gust]

Hi, should i be writing to hfc about anything before i get my sar off them? Or wait till i can complete spreadsheet and initiate contact about ppi then? Ta

[ims21]

I would wait until you get the SAR back

[dx100uk]

yea dont tip them off yet!

 

dx

[gust]

thanks -

[gust]

I have had 2 loans and one card with HFC - i think all with PPi - is it best i make 2 threads then since it will be for different things?

 

Also if you look on the scan i posted - you will see they rolled an old loan into this one - (i dont know the proper term for this)

 

If PPi was on both would this affect the interest on the ppi too? sorry if im asking dumb questions but im not great with this -

 

my problems with the PPi is i had an operation a few years ago and they refused my claim to use the ppi - this and an error from my employer at the time overpaying THEN taking back out of my wages while i was at home recovering with no knowledge started the whole snowball rolling causing pretty much all my problems further on! (except abbey national but thats my next "venture") who treated me badly too!

 

ALSO the HFC guys said basically you have a low credit score and its likely it will decline without the PPi

[mattinexeter]

SORRY TO HIJACK THREAD but how do i start a new one?? love this site but why make it so difficult to start?? i would love to know how to get credit info pre 2005? my credit report only goes back to 2005, thanks and sorry again

[ims21]

SORRY TO HIJACK THREAD but how do i start a new one?? love this site but why make it so difficult to start?? i would love to know how to get credit info pre 2005? my credit report only goes back to 2005, thanks and sorry again

 

It isn't difficult........go to the forum in which you want to create a thread. Scroll down a little way and on the left of the page you will see a blue button marked " + Post New Thread ". Click on that and away you go.

[ims21]

I have had 2 loans and one card with HFC - i think all with PPi - is it best i make 2 threads then since it will be for different things?

 

Also if you look on the scan i posted - you will see they rolled an old loan into this one - (i dont know the proper term for this)

 

If PPi was on both would this affect the interest on the ppi too? sorry if im asking dumb questions but im not great with this -

 

my problems with the PPi is i had an operation a few years ago and they refused my claim to use the ppi - this and an error from my employer at the time overpaying THEN taking back out of my wages while i was at home recovering with no knowledge started the whole snowball rolling causing pretty much all my problems further on! (except abbey national but thats my next "venture") who treated me badly too!

 

ALSO the HFC guys said basically you have a low credit score and its likely it will decline without the PPi

 

Yes, create a thread for each. You might as well use this thread for the loan and create a new one for the card.

 

As regards the rollover from one loan to another, have you read the article at No.1 in my signature? If not do have a read...it's all in there.

 

If the PPI didn't pay out then it was useless to you and of you were told that they would decline without the PPI then that is a no no too.

[gust]

thanks can you edit my thread title to TBI + HFC Loan PPI help ta

 

will check out your thread link thanks alot

[ims21]

thanks can you edit my thread title to TBI + HFC Loan PPI help ta

 

 

Done

[gust]

thanks

 

just thinking out loud... if you didnt have record of any account numbers with a bank - could you SAR them with other details to obtain the SAR? is this possible?

 

thanks

[ims21]

Yes you can...they should be able to trace your data from your full name and the address(es) you were living at while the accounts were active.

[gust]

I have found some more paperwork for this debt

 

I couldn't find payment details and realised i had been paying towards this with a ALLPAY card so need to find receipts. last payment was just before i sent CCA request in JAN 2009. so looks like last payment was then or thereabouts. SO appears NOT stat barred even though the default has been removed off my credit file as 6 years has passed.

 

I have found the CCA request response which is dated DEC 2010. so nearly 2 years to formulate CCA request....

 

MY questions;

 

1 - It has no date or signatures on the agreement/application and it and hand written sums and PPi etc. Is this meeting my request?

 

2 - terms and conditions on separate photocopy. No dates so I don't know if it would be the correct terms and conditions. Does this matter?

 

3 - DD mandate. with my signature on it dated SEPT 2005 BUT i went through my old bank statements and first payment was by DD in JULY 2005. Does this matter if DD mandate is not dated with agreement?

 

4 - some photocopy of a statement - dated MAY 2005 - FEB 2010 so none of these dates actually prove inception of this loan?

 

Can you advise if this is enforcable please. Thanks

 

Also Westcott collected some of this before TBI got it and Im not entirely sure the figures are correct between both DCA's and when TBI have sent out thier annual statement things it seems they added £5 on each time.

 

Would it be a good idea to contact Westcott and find out EXACTLY how much I payed them, so i can check if TBI are asking for the correct amount?

 

thanks

[gust]

HFC wrote today

 

sent SAR and postal order back.

 

want me to RESUBMIT with details below

 

copy of driving license

 

they state any account closed over six years ago may no longer be held on systems.

 

They want me to resubmit and THEN respond in a further 40 days - stalling my SAR.

 

Also i have put loan and credit card numbers on the SAR and the letter sent back from them only states the loan agreement numbers (which are older than the credit card ones)

 

I clearly asked on the SAR for ALL info not just loan info.

 

What next?

 

thanks

[ims21]

There is nothing wrong with you providing the id data they have asked for.

 

Also make sure that when you send it back you stress that this is not just for a loan but for ALL data they hold on you and quote the various account numbers again.

[gust]

thanks ims

 

can they stall it for a further 40 days was what i was querying the most

 

I will photocopy my license today for them

 

thanks

[ims21]

Yes they can until they are happy that you are the person you say you are unless they have been freely corresponding with you on these accounts up to now. If that is the case then you should ask them why they have been writing to you about these accounts of they were unsure as to your identity since there may be a breach of the DPA to be reported.

 

If that is the case then you can tell them that you consider the 40 days is running from the date they received your original SAR and that you expect a response within that time scale to avoid your raising a formal complaint with the ICO.

[gust]

i sent copy statements of loan and card with the SAR and signed it for proof of sig.

 

they still want license....

[gust]

ok... sent required I.D. and cover letter with ORIGINAL SAR and original postal order. Now they write back and say

 

we have recieved your SAR BUT not recieved the £10 payment. advising me to check with bank if the cheque was cashed and provide them sort code and account number so they can trace it?!

 

1 - i paid with postal order and re sent recorded again - just been on track and trace and it has been signed for!!!

 

They also only quote a credit card number on this letter but previously just put 2 loan accounts on that letter with the returned SAR for me to provide more ID.

 

 

Can they expect ANOTHER £10 for different accounts? I though on SAR does all?

 

thanks

[ims21]

Yes...one SAR doe it all.

 

Send them the evidence that they have had their £10 and tell them that you have lodged a complaint with the ICO and then actually lodge that complaint.

[ims21]

Incidentally, another thing you can do is tell them that you are now tired of their delaying tactics and continued failure to frustrate the provisions of the DPA will result in legal action to force compliance together with damages at the court's discretion.

[gust]

shall i address it to jason aldridge? Senior Manager? thats the name on the letter ty