Sar not received

[ploddertom]

What is one of these...giving up the will now..so complicated..!!

 

It should come with your SAR. Yes it is complicated & you have to be ready for a bit of argument with them.

[AnnieP11]

I think Agatha Christie would have had trouble unravelling all this - it is a real eye opener - it is providing real fodder for a book and is gold information...there are more and more things that are coming to the fore...George Orwell would have exploded - there is no need to make it up - it's all here...they used to hide behind Latin so the many could not understand..this is just a modern day version of this.....fascinating......

[ploddertom]

How long before your 40 days are up?

[AnnieP11]

Two weeks.......

[ploddertom]

I would suggest you send them a reminder that the time they have left to comply is fast approaching - make sure you send by a trackable means - email followed by letter perhaps. You can then be seen to be giving them every opportunity.

[AnnieP11]

They have taken the tenner so presume that is a tracked way...when we ring they always say that a different person is dealing with it and we will hear in due course..probably on holiday in the Bahamas with all the money they've managed to extract from words like 'enforcement' - no, correction they will be holidaying on the moon - Bahamas is too cheap...

[AnnieP11]

Does a notice of seizure from a HCEO have to have a date on - does anybody know ta!

[wonkeydonkey]

If goods have been seized then in theory you should be provided with a form 55 dated and signed .......if you would care to tell more we can advise further.

 

WD

[ploddertom]

3 threads merged

[AnnieP11]

We sent a bailiff a SAR in March and still not received anything back - cheque was cashed 2 April 2013 but not received anything at all...when we ring the person we need to speak to will sort it out in due course or is on holiday, sick, etc etc - we intend to take this further but it would be useful to know exactly what they have on us - we have paid the creditors now paying ridiculous bailiff fee they put on with the initial judgment...help please!! Thank you (oh we have also written and emailed and same response)

[ploddertom]

They are giving you the run around. They had 40 days - calendar as opposed to working - in which to respond. You have a choice of 2 routes to follow - but have you also checked they hold a valid registration to process such data?

1 - repost them to the ICO - but in all likelihood they will jst tell them to comply and may take 6 months or so to get that far.

2 - you could submit an N1 at the County Court for non-compliance. Again it won't happen overnight and you do have to pay for the application - was £150 as non-money claim, but you can claim this back from them if you win - or you may be entitled to Fee Remission see Form EX160a & c for details.

 

To do either you should write to them first as an LBA giving them 7 days to respond.

[wonkeydonkey]

Send them a further letter, this time head it Letter Before Action....in it you must advise them they have a further xxx days to comply in full with your SAR

following which you will seek to application in the County Court, tell them you will do that without giving them further notice.

If they don't respond then you submit an N1 claim form outlining what you require and that you seek the court to make order accordingly.....I have been down this road and although it was not instant it was preferable to going down the ombudsman route as it has more 'clout'

[wonkeydonkey]

Posts crossed sorry PT

[AnnieP11]

Thank you I will - we are really in disbelief now by the whole thing - we have been quite jovial (or you get so mad or frustrated or sad) but it just wears you down...I am now questioning whether we have got it wrong - sending me crackers...they have made this fees up definitely - some of it doesn't even add up; simple maths...thanks anyway for your help X

[ploddertom]

In reality there is no need to send a SAR to a Bailiff Co as a simple request for a fee breakdown is also an obligation they must comply with. If they then give you the run around over this then the person/organisation letting them off the leash also becomes responsible for the actions & charges of their agent. Is it permissible to ask the name of the non-complying company and what the debt was for?

[AnnieP11]

It is Andrew Wilson HCLEO and debt was a business arrears - sent to a different unit so didn't receive court thing - £2500 approx - they owed £1600 bond - another person went in and got 9 months free rent - agreed £100 per week - AW charged us £1200 initial fees tagged on to £2500 - didn't do a thing - just brought us letter to home - son who is 13 took letter - rang them up - they rang claimant - £100 was agreed per week - they took £30 per £100 (AW) and we now owe £600 which are bailiff fees ongoing - claimant won't pay us bond back until all paid up but would have been done ages ago if not for charges from bailiff - very simple really - we got financial statement and I don't think they realised we would question it - probably thought we couldn't read the 2004 fee structure - sent SAR to ask for justification (WP/seizure/auctioned items etc fees) and now they are in the mire because nothing was taken to justify the fees!!! Or have we got this wrong!!! Can they think up numbers, tag on long words then hey presto you pay amigos!!! As you can see now going insane with it all!!!

[AnnieP11]

Oh and there is only a Mr W who deals with this sort of thing and he is ill/ on holiday/in a meeting and will reply in 'due course' 'it is on the system - we can see it - yes there it is (this is the receptionist woman) and yes he is on to it - look he has been ill and we can't help that poor man, so you will have to wait and in the meantime have you got this weeks money please?'

[ploddertom]

Would be interesting to see the paperwork for this. I'll get back to you this evening when I get home.

 

As for Mr W being the person responsible then that is their problem & not yours as they need to make alternative arrangements especially as they have already breached the 40 day limit.

[ploddertom]

Would be interesting to see the paperwork for this. I'll get back to you this evening when I get home.

 

As for Mr W being the person responsible then that is their problem & not yours as they need to make alternative arrangements especially as they have already breached the 40 day limit.

[AnnieP11]

Thanks - I have contacted Helen Grant - this is not our problem (and I mean this generally) if government dictates their fee structure. It is not worth the bailiff time obviously so they have to be a bit imaginative with the figures and hope people don't notice - 99% probably don't and therefore on a risk basis it outweighs the penalty. Also if a person has to run a marathon and climb a mountain to execute the penalty then the risk is reduced even more...this is the position we are in now...Mr W will be sat in his conservatory as we speak sipping his chianti..if he can get away with it we should all start pouring ourselves a glass...before I looked in to this I was deluded...this is an absolutely genius way of making money - beats getting up every day at 6.ooam, employing people who then snatch the customers and leave you in the lurch with bills, rent etc - I wonder where Mr W resides - bet it isn't a big unit with rents and rates - I bet he works from his conservatory...anyway thanks again and sorry to dribble on!!

[wonkeydonkey]

Reading your latest post you did right to send SAR and yes I would also be very interested to look over the paperwork as there is something not quite with all of this....PT is your man to sniff out any discrepancies and he knows I will give a second opinion, so lets see where we go from here!!!!

 

WD

[AnnieP11]

Right then - Mr W has rung back!!! Well, not really we held on so long waiting for him to return from his 'meeting' -- 'I have been ill and so have got a backlog. It will be sent and you will receive Monday; Tuesday at the latest. I can't comment any further but if you put anything further in writing this will be dealt with.' I will report...thanks for help - at least things are been sorted now from this professional organisation.

[ploddertom]

I have merged your original thread together with your recent one as it easier to keep all together. I remember it now and realise that until you receive your SAR there is not a great lot that can be done as everything may just be guess work.

[AnnieP11]

OK - yes we realise that and we have been trying to get it - we are in a much better location/landlords/unit now and have just been working constantly to try and claw things back...very hard as it is with everyone at the moment - all customers say the same...I think when you've poured life savings and sacrificed so much and then another thing hits and then you get people who make millions by just doing this with government backing, start thinking things are Alice in Wonderland world...I am honestly hoping now they have done things right and then at least we can be assured that the penalty we are paying is legitimate...I will let you know what they say and then if it is worth it we can pursue....I think you do a great job on here - did some work for the CAB once and the training is very good but reminded me a lot of 1984...this is not like that...anyway onward!! Bye.

[AnnieP11]

Hi! Got SAR!! In a financial statement does the percentage fee 1 remain static and the walking possession fee and the no sale inventory fee? They have levied on my car that was parked in the drive (December) - it is in my name and the writ is my husbands' - they charged the fees however from july...we asked for a statement in December...thanks