Me and My Debts.

[zulu123]

Fletch70 Ok thanks for sharing your situ an explaining, yes I can CCA them and if UE then what ?

 

I think a few have lost their licence to trade new biz, (make new loans),

Many of them have been sold on as I often recieve notification letters on them being sold on

( I know they get sold on for fraction of the debt amount 20-30% i think)

[fletch70]

Well first step is to send a cca request to whoever is chasing you for the debt.

Beyond that it's a wait and see. The advice here is to send a follow up letter after the 12+2 working days putting the account in dispute if you have not heard back.

That is your first step.

When and if you get a n agreement back have it looked at to see if it is enforceable. Not sure who on here is expert at that.

If it is write back and say it is UE (if pre April 2007) but its not up to you to say why.

If it appears EN you can send a formal complaint asking if they have the original under CPUTR 2008.

 

Long way to go before anything really happens.

[BRIGADIER2JCS]

The faulty/missing paperwork has lost most of its impact with advent of 'reconstituted agreements' and even if an agreement is unenforceable/unavailable the debt still exists and remains payable.

It must never be forgotten that English Civil Law has a base in what is reasonable upon the balance of probabilities.

[zulu123]

fletch70: at moment no one is chasing as it all on dmp so should i stop paying ( take out of dmp ) before 12+2 an putting in dispute or after?

 

I am assuming they will start the chasing again although maybe the dispute is like a complaint where 8 weeks for them to respond?

 

Obviously I also know that a judges decision in my favour is the ultimate 'win'.

 

Brigadier: yes I can understand the debt remains payable an hopefuly many will also be reclaimable.

 

The balance of probabilities for most people is the comfort factor I know most lenders will push hard to not give in

but how many will go in front of a judge for a credit card that has been sold on?

 

interesting question I think.

[fletch70]

Zulu,

Take the debts one at a time,send the CCA request and after your 3 weeks send the dispute and stop paying.

 

What fulfills a reckon is far from what is needed to enforce. A reckon is for info purposes.

For a pre 2007 debt the creditor would have to prove on balance that you signed the agreement and that the agreement had all the prescribed terms.

 

Brig if it is so unusual how come 70% of my debts are UE?

[BRIGADIER2JCS]

A reconstituted agreement is intended to fulfil a sections 77/78 request made under CCA 1974 and may be accepted together with evidence of usage of a credit facility e.g. statements showing payments made to the account.

Where does this 3 weeks come from?

Also from experience (past and what is happening at present) creditors/DCAs are more inclined to enter into litigation and for debts above the £750.00 threshold issue statutory demands and to progress to petition for bankruptcy, caution is needed complacency in regard to ''compliant/unenforceable paper work has lead many into getting CCJs by default as consequence.

 

Fletch70 as to your debts who knows but you why you consider that the accounts are unenforceable?

[fletch70]

Brig

The 3 weeks is a rough round up. 12+2 working days are 14. 3 weeks are 15 working days so simples.

 

Waksman said a 77-79 request was for information purposes, doesn't need to include a signature etc. For a pre April 2007 agreement they need to produce either a signed agreement with all the prescribed terms etc or if you deny having signed one they need to prove they had the systems in place that would not allow the issuing of credit. In this case the use of the agreement is not really relevant.

 

My accounts are UE either because they have said they do not hold an agreement, or they were badly drawn up with missing PTs, in one case the wrong interest rate in another the had not separated ppi from the loan.

Some others have not been able to provide a signed agreement and admit they don't have one. A final one just sent a print out of my details from their intranet with no t&cs

 

UE still works for many people, as said on here,no agreement no payment. Pre April 2007 of course.

P.s I would never advocate ignoring a LBA or a claim form. Hence judgment by defaults won't happen.

[BRIGADIER2JCS]

I think you need to be very aware of recons, I'm seeing more and more from accounts that are approaching SB status and I have to say the debt purchasers have really done the homework on these in conjunction with the OCs which is why I advise against complacency.

[fletch70]

As do I. Not a case of ignoring but of fighting your corner with a healthy dose of scepticism and your own interests at heart.

 

We all know that debt purchasers misbehave and try it on. For example issuing SDs when the account is UE. Not everyone know their rights.

[zulu123]

Can someone tell me where to send DSAR letter to Bank of Ireland? I need their physical address please.

 

Thank you.

[citizenB]

This is their Head/Registered office

 

Bank of Ireland

Bow Bells House,

1 Bread Street,

London,

EC4M 9BE.

 

 

http://personalbanking.bankofireland.com/ways-to-bank/phone-banking/useful-contact-numbers/

 

Telephone numbers

 

http://bank-of-ireland.co.uk/contact-us/business-offices/100083/

 

More information.

[citizenB]

I have always send Subject Access Requests to a Bank's Head office address, regardless of which Bank.

[zulu123]

Hi,

 

Please advise. It has been 40 days now and Natwest has not responded to our dsar (sar) request. What should be our next course of action?

 

Thank you.

 

 

Z

[renegadeimp]

You need to send a non compliance letter and give them a timeframe to comply before you take them to court for disclosure.

 

HOwever give them a couple more says in case the post is delayed. Some less reputable companies like to send info by 2nd class post.

[citizenB]

Hi,

 

Please advise. It has been 40 days now and Natwest has not responded to our dsar (sar) request. What should be our next course of action?

 

Thank you.

 

 

Z

 

Did you send the request by tracked post and have you checked it was received. If you sent a postal order for the fee, you can telephone the Post office (number is on the postal order receipt) and ask if it has been cashed and when.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

 

Non compliance letters are linked above.

 

If you still receive no response or the data, then you will need to make a complaint to the Information Commissioner. Alternatively you can issue a claim for non compliance through the small claims court.

[zulu123]

Dear All,

I DSAR'd natwest at Bishopsgate address they have taken over 40 days to reply, what happens now?

 

For credit card info they sent on to another location,

 

For bank account info they sent over info in separate packages.

 

They are saying they can only go back 6 years!!!

 

What are my options I thought they have to reply in 40 days to DSAR's.

I thought for bank accounts they can go back more than 6 years?

Can anyone advise.

 

Thanks

Zul

[ims21]

There is a failed SAR letter in teh CAG library.

 

In that letter I would give them another 7 days to comply and tell them that you will lodge a formal complaint with the ICO if they do not comply.

 

We know that that banks do hold data beyond six years....it depends how hard you want to push. You can take court action to force compliance if you feel it would be useful.

 

What is the full story or do you have another thread on this Nat West issue already?

[SabreSheep]

http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft

 

Natwest supplied all statements going back to 2001!!!!! for my credit card.

 

So yes they certainly DO keep info after 6 years.

[zulu123]

Thank you for your replies.

I would like copy bank statements ( old ones ) , when i got into arrears they stopped sending me statements , an so l lost track of what the level of arrears was, it later turned out that one account was cleared in full (an the payments were being used to clear arrears on the other natwest accounts however no one told me this , the DMP co. didnt tell me either.

I just want to ensure I am getting all the data I am entitled to for bank accounts & credit cards am more concerned with bank accounts really.

 

For co-op bank account.

They had been DSAR'd but the amount of DSAR's of entries only went back around 3 months when I was expecting several years of entries

[BankFodder]

Write to them and tell them that they have not complied with their statutory duty and that you want them to do so. Tell them that you are sending a letter of complaint to the ICO. Make sure that you do that too.

Tell them that you want to complain to the FOS about their failure to comply with the DPA

[Let Them Knock]

My NatWest DSAR produced bank statements back to 1998. The credit card statements were only for the last six years. I have just learned that they actually do have more credit card statements, back to 2001. A suitable letter will be going to the data controller.

 

It took me about 90 days to get all the SAR stuff.

[SabreSheep]

Keep us posted

[riply88]

they are so behind with these DSAR's, mine took 6 months. They admitted on the phone that they have a huge backlog.

[SabreSheep]

Then those that are facing delays need to lodge complaints with ICO when Natwest become obstructive and do not respond in time.

 

If they have a backlog then they have business strucual problems preventing them from regulaion compliance.

 

They need to be told to rectify that. If they can afford multimillion pound bonuses then they can afford the staff and equipment to comply.

 

Additionally if they treated their customers lawfully and fairly the demands might just reduce in number.

 

Complain to the ICO.

 

When I did for them being obstructive all my statements back to 2001 arrived on day 40.

 

See my thread Sabresheep vs Natwest n moorcroft

[ims21]

Don't forget that failure to comply is also actionable in court if you wish.

 

Have a look at fedupandfightingback's thread when they sued for non compliance and won.