Unlawful Car Repo? MotoNovo

[orfoster]

I'll make the further request, thanks.

 

Can they say that because I didn't ask for the above in my original SAR that they want another £10, not bothered but they are using delay tactics all the time.

 

I did list my request but say it wasn't limited to...

[postggj]

they are breaking the law if they fail to produce all information they have on you in your original request

 

we give them one more chance to comply, then it is the ICO

[orfoster]

Ok, am I being to suspicious to say what if they create the documents now that I'm asking for them?

In addition, I just asked for a list of things which aren't the things you are saying I need so they may try and pull a fast one.

 

On the credit file it shows default from July 2011 for a full year each month up to July 12 when the account was marked as satisfied.

 

I've got the full account statement here which they've sent. Now....in their system notes on

 

4 August 11 it says "file passed for right off liability £2152 reduced liability £1722.

Account Statement.

 

16 Aug 11 - Write off, write off arrears. Transfer to recoveries -£4400. Lit CR TFR on recovery a/c +£1010 final write off +4007. Final

In system notes

 

6 Sept 11 - Passed file to Equidebt

There are no other entries in the notes or on the account statement until our complaint which is noted in their notes.

 

I'll ask for all of the other information I just don't want them creating stuff.

 

Obviously the account was settled with Equidebt in July 12. But nothing is noted in this account statement

[postggj]

Does your credit file say Equidebt or the finance company in the account satisfied entry

[orfoster]

Finance Company - Equidebt is not mentioned on the credit file.

[postggj]

Then Equidebt were collecting on behalf of the finance company

 

The finance company still own the account

 

Print off a screen shot from your credit file saying the account has been satisfied and keep in a safe place

 

IS EQUIDEBT MENTIONED ANY WARE ON YOUR CREDIT FILE???

[orfoster]

No Equidebt isn't mentioned anywhere on the creditfile, not anywhere at all.

 

What does that mean?

 

Thanks squaddie for your assistance.

[postggj]

It means the account still belongs to the finance company

 

i will post up a template in a minute for you to send the finance company

[postggj]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

 

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

 

3) 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. If you do not comply fully with my Subject access request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

amend to your circumstances

[orfoster]

Ok, going to send this.....

 

letter before action

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. For example, there is no information relating to the final payment made to Equidebt in full and final settlement in this matter.

 

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

 

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

 

4) I require screen shots of my full account.

 

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. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

I don't want to ask specifically for things like default notices, termination notices, how much it was sold for at auction. Is that ok? I just don't want to give it away.

[postggj]

Like i said, just ask for the information you require, and what they have not included

 

The above is just an example, just cut and paste/delete what you need/don't need

[BRIGADIER2JCS]

Unless you are willing to state exactly what documentation you require, it will difficult for any creditor to decide what is actually PERSONAL DATA which is all that a Subject Access Request is designed to achieve.

 

There are certain items related to any account that are not considered to be personal data e.g. the Deed of Assignment relating to the sale of the account and communications, and data they contain references to any third parties not directly involve in the matter to hand, you may consider that an item/document is personal data but under the Act this may not be so.

[orfoster]

In relation to DPA, when sending a SAR do you HAVE to by law send £10 or is a request valid if its without £10 but that the company can request £10 but 40 days is from original request?

[orfoster]

Hello all,

 

Here's what I plan on sending which does detail what I'm asking;

 

Dear Sirs,

Thank you for your letter dated 23 May 2013 providing copies of voice recording calls.

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request. The disclosure of personal data is incomplete in that at least the following documents are missing;

1. You have failed to provide a complete list of transactions and charges. For example, there is no information relating to the final payment made to Equidebt in full and final settlement in this matter on the statement provided.

2. You have provided no notes, or documents relating to any potential legal action between you and myself. Please confirm that all copy correspondence has been provided?

a. Copy of Default Notice

b. Copy of Termination Notice

c. Copy of any Notice of Assignment

d. How much the vehicle was sold for at auction

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

4. I require screen shots of my full account including an explanation of terminology used.

5. In “Account Notes” there are a number of terms for example VT, DRY terms talked about, please explain all terms used.

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, I require full access to information held in relation to my account..

 

I look forward to your response within 7 days.

[postggj]

It is required that a £10 fee is applied when asking a Data processor for information

 

Tthe data holder/processor may waive the fee, the DWP for example do not require a fee to comply with a request

 

Send the fee to be on the safe side, if not required, they will return the fee

 

YOU HAVE ALREADY DONE A DSAR

 

So why you asking again about the fee

[orfoster]

Oh only because we sent the first request without the fee and followed it up 2 weeks later with the fee because they ignored, they're now out of time anyway but just wondered the position because the law says "as he may require" I thought the £10 would be asked for.

[postggj]

As a rule, the fee is required, so send it

 

BY RECORDED DELIVERY

[orfoster]

Ok thanks, above letter is going RD and by e-mail tomorrow.

[orfoster]

Ok I sent them a letter by e-mail and by post and they've responded.

 

They've sent a bit of a basic response, firstly they've sent me a copy of a default notice from Feb 2010 which was issued in error (not in original SAR) although there is no default lodged on Credit File for this time, this is because they took payment earlier than we had agreed.

 

There is no other default notice in the pack....shall I ask for confirmation that this is the last one?

 

I have attached their response which says that failure to pay the arrears within 18 days means that the agreement is terminated automatically, well I had this letter in error 2 years before the actual issue came about.

 

They say in their notes "VT (Voluntary Termination) Letter received in May 11. There isn't such a letter within the bundle because one was never sent.

 

They've offered £100 M&S vouchers in settlement of the fact that the credit file was incorrectly updated! LOL!

Edited May 29, 2013 by orfoster
Updated PhotoBucket links

[dx100uk]

i'm sure this is unlawful repo.

 

you should demand ALL payments back

and TOTAL removal of the account from her CRA file.

 

as for the 'wrong' date.

 

typically £1000 per faulty entry!!

 

..................

 

 

Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement, simply by giving written notice of termination.

 

The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated.

 

Contrary to the line taken by many finance companies,

the debtor need not have paid half the total amount payable,

and nor do they have to pay any arrears,

before exercising the right to terminate.

 

 

 

Sections 99 and 100 set out the debtor's liability on voluntary termination. The sections are complex,

but their main effect can be summarised in brief as follows.

 

If the sum of payments made and arrears before termination exceeds 50% of the total price, than the debtor is only liable to pay the arrears.

Otherwise, the debtor is liable to pay half the total price, less any payments already made.

 

 

 

so the debtor can terminate at any time if he has reached the 50 % mark

 

 

 

the debtor can terminate at any time before the 50 % mark but would be liable for payments still to reach the 50 % mark,

 

 

 

does not matter if the account is in arrears at the time or request to do a voluntary termination

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt

in order to VT a car under the provisions of section 99-100 of the CCA

you do not to have paid 50%,

the act says that 50% of the total price plus any arrears will be due on termination.

You can terminate at any time and they would have to chase you for this amount.

Most garages try not to acknowledge this but it is the case nevertheless.

[orfoster]

Well that's good news but just need to check something out....

 

She paid £2,650 by repo and 33% of the total balance inc interest would be £2,844!

 

Does she have to have paid 1/3rd of everything, interest and all because she is just shy of 33% or is it 1/3rd of the purchase price?

 

I might be getting confused.....

 

Also if its typically £1000 per faulty entry if they kept putting "D" each month is that an incorrect entry each time? The date of initial default is 15 July 2011 after they repossessed the car. The credit file reads that the "account ended 16 August 2011" but they continued marking defaults till July 2012.

[postggj]

Have you included any deposit with the contractual payments made??

[orfoster]

There wasn't any deposit payable but there is this option to purchase thing which they say is optional but she never opted for this and doesn't actually know what it means its worth £150, it certainly wasn't optional!

 

If this wasn't there and the charges weren't placed on the account then it would be that she had paid over 1/3rd

[postggj]

Any charges, arrears do not count,

 

As long as you have paid that, that is all that matters

 

THE THIRD FIGURE WILL BE ON THE AGREEMENT

[orfoster]

Ok, including the payments made to Equidebt which have now been added onto the account although this was after repossession? Sorry if I'm complicating things just want to explore it all.