cabot and i+e re HBOS halifax card debt

[conchy_joe]

On 24/10/11 I sent a SAR to HALIFAX on behalf of my sister-in-law.(i was writing in her name) I enclosed a cheque for £10.00(the cheque was not in her name as they had previously seized monies because of monies outstanding) printing her name on the back of the cheque and her account number.The cheque was cashed on 01/11/11. To date I have received no response trom Halifax.Can anyone advise me as to the next course of action.

[ims21]

Hi

 

Failed SAR letter is in the CAG library

 

ims

[conchy_joe]

Hi,Today my sister in-law received a letter from HBOS in reply to my letter telling them that they had failed to comply with the SAR.

They say that they cannot trace the SAR request and go on to tell her that "if you wish to apply formally under the data protection act a fee of £10.00 is payable".

To say that I was angry does not even come close,it was just as well that the moronic creature that wrote the letter was not in reach.As stated before the cheque was enclosed with the SAR request ,it had her name printed on the back together with her account number.Can you believe that they deducted the money from the outstanding amount in her account(I helped her to arrange a DMP with CCCS).I'd like to go after these arrogant,inept idiots.Can someone please help.

[ims21]

Hi

 

I assume you did send the SAR recorded?

 

ims

[conchy_joe]

Yes,however I can't find the Post Office receipt.But why does it matter !!!.The cheque which was enclosed with the SAR was cashed by HBOS.We have a bank statement to proove this.

[ims21]

It matters because if it was sent recorded and you can show they received it and when AND they cashed the cheque that was enclosed you have a case for non compliance and putting a fee for a SAR against the account.

 

Without proof of delivery and a cheque made out to them with an account name and account number n the back it would be more difficult.

 

SAR payments should always have a note on the back of them to the effect that "This payment is for Subject Access Purposes Only And Must Not Be Used For Any Other Purpose".

 

You need now to complain to the bank and the ICO

 

ims

[conchy_joe]

I sent an SAR and enclosed a cheque for the sum of £10.00 and on the back of the cheque was written the name of my sister in-law and her account number.surely the fact that the letter was an SAR and that the SAR letter stated that a cheque for the amount of £10.00 with the aforementioned details should satisfy any legal requirements.

An SAR was sent,and received(by proof of the cashed cheque) What defense do they have.

[ims21]

I'm trying to give you more to use.

 

You are free to deal with it however you wish though.

 

You may find it hard to believe but banks will wriggle.

 

ims

[conchy_joe]

IMS, Please don't think I'm not grateful for you help,I really am.I guess what I want is to know if I can go after these slippery creatures in the courts on behalf of my sister in-law who is in very(very) poor health.

[ims21]

No probs

 

Yes you can sue for non-compliance of a SAR.

 

But you need to get everything in line of you are going to issue. It would be good to find that recorded delivery receipt as an extra piece of the jigsaw.

 

I would, in the first instance, write a letter of complaint addressed to the CEO and you could e-mail or send it recorded. The complaint should focus around their practice of putting SAR money back into a person's account and a consequent breach of the DPA. You could remind them that they have a statutory duty under the DPA and should you not receive a satisfactory outcome you will report to the ICO and may consider legale action to force compliance.

 

ims

[conchy_joe]

IMS, Thank you.I will try again to find the receipt,but in the event that I can't I'll have to go with what I have,I'm going to sign off for tonight,But perhaps tomorrow you, or maybe another cagger can suggest a template letter which might fit this scenario.

Many thanks.

[ims21]

ok no probs

 

nite

[conchy_joe]

Hi Everyone,

 

My sister-in-law recently received a phone call from a woman from Cabot (she has a payment plan in place)

the woman said that as the last financial update was done last August it was time to do another one.

 

previous to this I had always advised her re' her dealings with these people,

but on this occasion she went ahead without talking to me first,

 

during the course of the review my sister-in-law told the woman that her son was paying the council tax and rent,

(her son has Aspergers Syndrome, Dyslexia and Dyspraxia and has a statement to that effect)

the woman then went on to ask how much he received in benefits and also how much savings he had.

 

My sister-in-law phoned me in a great state of distress,

she is a pensioner with no savings and finds it very difficult making ends meet.

 

I phoned Cabot and told them what had happened and that they had no right to probe into the boy's finances

and that I am considering contacting the FCA.

 

The person I spoke to put me on hold whilst he spoke to a manager,

he came back and said that they were very sorry about the way things had been handled

and that they would speak to the employee who made the call.

 

To say that I am angry about this is an understatement,

I really would be grateful for some advice as to how I should proceed in this matter on my sister-in-laws behalf.

[unclebulgaria67]

She needs to make a formal complaint in writing about what happened and how much distress has been caused, for which she is considering taking up with the Financial Ombudsman Service.

 

The FCA does not really deal with individual complaints and would point her to the FOS.

 

But the question is whether Cabot are cashing cowing and making more out of this debt than they should be.

 

What type of debt is this ? What is the history of it briefly ? Were there any issues with original creditor that were left unresolved e.g PPI, excessive charges ?

 

I would be tempted to do a review of this debt yourselves and gather evidence so you can do this. Ask Cabot for a full statement of account showing all payments made to them and a copy of the last statement of account from the original creditors. If this is a Consumer Credit Act covered debt, then it might be worth a CCA request.

[dx100uk]

whats the original debt about please

 

 

has she sent these fleecers a CCA request?

 

 

dx

[Guest Kris_barb]

Cabot financial Ltd are members of the CSA, also address your formal complaint to them. This is email is to the gentleman most of them deal with regarding compliance at the CSA

 

[email protected]

[conchy_joe]

Thank you all for your advice..

 

 

..Firstly the debt relates to a Credit Card,

 

 

A plan was arranged by CCCS (now Step Change) and has been kept up.

 

 

Secondly should she complain to Cabot and the FOS, CSA.

[dx100uk]

CCA request time

 

 

how many years has this been going on...years I bet??

 

 

dx

[theoldrouge]

which card, taken out when? s78 cca request to cabot

[Guest Kris_barb]

If she has gone to step change I should imagine she has more than 1 debt.

 

 

See if she is eligible for a Debt Relief Order.

 

 

If she is eligible it will be a one off £90 fee and all debts wiped off within 12 months.

[dx100uk]

slow down check the debts first via CCA please

 

 

dx

[conchy_joe]

I think the debt plan has been running for over five years,

 

 

as to the card I think it's Halifax although i'm not sure and can't contact her until tomorrow.

 

 

Would it be best to put this on hold until I can speak to her in the morning,

 

 

then I can post again with all the details.

[dx100uk]

oh yes

 

 

dx

[conchy_joe]

Thanks again to you all.

[conchy_joe]

HI, Back again....

 

 

...The credit card was Halifax and the balance is a little over £2000.

 

 

This debt goes back about eight years.

 

 

There are two other debts..

 

 

.One is a Halifax loan and the other is a card from Capital One,

 

 

this also goes back about eight years.