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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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santander GE Captial SAR getting no where


STUARTPPI
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Hi all I am just trying to get my SAR... with no hope

I have had knock backs and excuses from other banks but persevered and finally got my SAR's

but with Satan’s bank this is proving more difficult,

I am just getting standard knock back after knock back, passed form dept. to dept.

I feel like giving up with this one.....??

I have also asked for the underwrites and just been ignored.

This is chasing a car loan from Foods of Windsford 1996 GE were the finance house,

I know it had PPI I remember the salesman telling me I wouldn't get the car if i didn't take the PPI

I was in my early 20's and he took advantage,

any ideas anyone???

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who have asked

 

what addresses

 

GE money still exist too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sent out letter 1 sent a standard SAR to Santander.

Received repy from GE saying "we cannot find your account, if you account was closed more than six years ago we will no longer hold any records"

I don't belive it !

Sent out letter 2.

Received a reply from GE saying "we are unable to locate any account" please note in late 2011 we underwent a system change and no longer able to access accounts close over 6 years ago" and gave me the address on letter 3

Sent out letter 3.

Received a letter saying cannot locate accounts... standrad rubbish.. other people on this forum are getting info dating back this far

now getting a headache, here are all my letters sent below...

 

LETTER 1.

PPI Complaints

Santander UK PLC

PO Box 6197

Milton Keynes

MK10 1UY

 

Date 06 MAR 2013 RE: SUBJECT ACCESS REQUEST

Dear Sir/Madam

Please send me ALL data that your company holds relating to my entire account history.INCLUDING : Agreement number xxxxxx GE CAPITAL WOODCHESTER.

1995 – 1999 car finance (Reg xxx xxx)

Previous address other than above, if there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. (My D.O.B. is xxxxx)

 

xxxxx DO NOT SEND ANY

xxxxx CORRESPONDANCE

xxxx TO THIS ADDRESS

 

Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.

All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.

In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the statutory maximum fee of £10. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office / FSA which could result in a fine and prosecution.

 

 

Yours faithfully,

 

LETTER 2.

GE MONEY SERVICES LIMITED

BUILDING 4, HATTERS LANE

CROXLEY GREEN BUSINESS PARK

WATFORD, HERFORDSHIRE

WD18 8YF

Date 16 MAY 2013

RE: SUBJECT ACCESS REQUEST

Agreement number: XXXXXX GE CAPITAL WOODCHESTER.

1996 – 1999 car finance (Reg XXX XXX)

Dear Sir/Madam

I issued your organisation with a “Subject Access Request” (Dated 06/03/2013 ref XXX, see attached) which you received 08/03/2013 (See your stamp on attached copy of my letter).You responded to my request with a letter (undated and with no reference or reply address, see attached) requesting me to provide additional specific information.

Please find enclosed a copy of your original letter with the requested information completed in the boxes supplied in your letter, showing full name, present and previous addresses, reference number, purpose of loan and dates account opened and closed. Also my date of birth is XXX . I also purchased the car from Fords of Windsford in 1996. (Fords of Winsford Ltd

Weaver Valley Road, Winsford, Cheshire CW7 3AL Telephone: 01606 866199 )

Also please find attached a copy of “Certificate of Completion” letter your organisation sent to me on the 4th August 1999 when the finance had been settled.

Also please find attached a copy extract form one of my bank statement showing a monthly repayment to your organisation. I have years of bank statements showing regular monthly payments of £217 to this account concluding on 21 June 1999 with a final payment of £242.00. My statements also show the reference number stated above (XXXXX)

Details on the Information Commissioner’s office official website state that you can ask for additional information before responding to a subject access request. See extracts below.

“The Act allows you to confirm two things before you are obliged to respond to a request.”

“First, you can ask for enough information to judge whether the person making the request is the individual to whom the personal data relates. This is to avoid personal data about one individual being sent to another, accidentally or as a result of deception.”

The second thing you are entitled to do before responding to a subject access request is to ask for information that you reasonably need to find the personal data covered by the request. Again, you need not comply with the subject access request until you have received this information. In some cases, personal data may be difficult to retrieve and collate. However, it is not acceptable for you to delay responding to a subject access request unless you reasonably require more information to help you find the data in question.

Source : http://ico.org.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data#moreinfo

I believe the information I have now provided is reasonable enough for you to locate the personal data covered by my original subject access request? If this is not the case please reply to me stating reasons why you cannot locate any data using to the information I have supplied.

Where any previous information or records held have been deleted or disposed of, you have a duty to provide descriptions of the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

May I remind you that a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all.

I also request you to provide me with the organisation of underwriters involved in the processing of this loan at the time. To avoid confusion please supply the name and current contact details including the current name and address of the underwriters.

I expect to receive all data that your company holds relating to my entire account history to be sent to me as per the Data Protection Act (DPA) 1998, as stated in my originally submitted “Subject access request” (Dated 06/03/2013 ref xxxxxxx see attached).

Please also find all copies of previous correspondence attached.

You can find advice on the ICO’s website on how to deal with a subject access request [ico.gov.uk/sar] and information on their powers and the action they can take [ico.gov.uk/action] or call them on 0303 123 1113.If there is anything you would like to discuss, please contact me on the following xxxxxxxxxxx.

I hope this information enables you to locate the information originally requested and this will not meet with any further additional delays. I expect a reply within 7 days and look forward to receiving all documents for the account stated above. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

yours faithfully,

 

LETTER 3.

SANTANDER

ABBEY NATIONAL HOUSE

2 TRITON SQUARE

REGENTS PLACE

LONDON

NW1 3AN

Date 04 JUNE 2013

RE: LETTER BEFORE ACTION - SUBJECT ACCESS REQUEST

Agreement number: XXXXXX GE CAPITAL WOODCHESTER 1996 – 1999 car finance (Reg XXX XXX)

Dear Sir/Madam

I issued your organisation with a “Subject Access Request” (Dated 06/03/2013 Ref XXXXX) which you received 08/03/2013, see copy attached showing your dated received stamp returned copy of my letter). You responded some weeks later to my request with a letter (undated and with no reference or reply address) requesting me to provide additional specific information. I replied to this letter (Dated 16/05/2013 Ref XXXXX) you replied to my letter (undated and with no reference) stating that I contact Santander at the above address.

I contacted Santander in my original “Subject Access Request” (Dated 06/03/2013 Ref XXXX) however all subsequent replies have been received on GE headed paper. I am now being asked to contact Santander AGAIN at a different address, this conduct is not professional and of an incompetent nature alternatively your organisation is being deliberately obstructive?

You have supplied no documents in response to my Data Protection Act information request.

You have failed to provide a complete list of transactions and charges

You have provided no notes, or documents relating to any legal action between you and myself.

You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. The time for compliance with my request has now expired. I expect to receive all data that your company or any document storage facility employed by your company, relating to my entire account history to be sent to me as stated in my originally submitted “Subject access request” dated 06th March 2013

Please also find all copies of all correspondence attached.

If you do not respond or comply fully with my Subject access request within 7 days, I shall pursue a complaint with the ICO, and consider an application to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

Stuart Tudor

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change of system so cant access old data

 

my foot!!

 

typical GE money

 

wriggle wriggle wriggle

 

never our fault Ppi was sold!!

 

so you have no paperwork what so ever?

 

there has been limited success with going after loans.co.uk and the others

that were the actual company that sold ge loans in that time frame##

 

see if you can work it out by using others GE money PPI threads

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you tried Santander Consumer Finance (UK) plc, 3 Princes way Redhill Surrey RH1 1SR?

Recently got SAR info forGE Capital Woodchester origina account from them, albeit started 2004. Hope this helps. t

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Dx100 thanks for your reply,

 

regarding paperwork all I have is a letter from when the Agreement was settled

 

a "Certificate for agreement number XXXXXXXXX "

 

It shows the date and account number and I also have a few bankstatements showing cash paying off the loan.

 

I am still wondering if I have hit a brick wall ??

 

Not sure what you mean DX100

 

"see if you can work it out by using others GE money PPI threads" ??

 

Any other idea's,

 

hads anyone out there actaully got SAR info from these clowns?

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