Cabot/Mortimer - unknown CCJ for old Cap1 debt.

[sequoia]

Thanks for the quick reply... btw

[dx100uk]

have you not got a phone with a camera or a digital camera?

 

 

you NEED to find out that last payment date

go ring cap1 again

DEMAND the info

 

 

by LAW they MUST hold info for 6yrs.

[sequoia]

I did ring them but they passed me onto Cabot. I told them that I had confirmation that they received the SAR but they just told me that they had limited information and I needed to contact Cabot.

 

I have a camera on my phone , I could take a photo then put it as an email attachment, then save the attachment to my computer....I think.

[dx100uk]

go back and ring cap1 again

 

 

demand the info

 

 

They are fobbing you off.

quote the Data Protection Act

if they refuse

then they are in breach of that Act.

 

Tell them that failure to comply will result in your lodging a formal complaint with the ICO adn that you also reserve the right to commence legal proceedings against them to force compliance with a 14 day notice of action.

 

 

Tell them that should that action prove necessary you will be seeking damges at the court's discretion and that you will be naming their data controller to the court.

[sequoia]

This is the copy of the court order Mortimer clarke sent me.... hopefully if I uploaded correctly.

judgement order.pdf

[sequoia]

I will phone Cap1 tomorrow and get a letter written. I have the receipt for the Postal Order so I could do with finding out if it as cashed.

Thanks for your help....

[AndyOrch]

This is the copy of the court order Mortimer clarke sent me.... hopefully if I uploaded correctly.

 

Thats the real thing...so the judgment has been reinstated...no point ringing the courts.

 

Andy

[dx100uk]

14th august SAR was sent

 

i'd also be waving my arms around loudly about where your sar is

 

and that if you don't get the info like NOW

 

when you finish on the phone in exactly one minutes time

 

you will be on the phone to the information commissioners office

 

and registering a complaint against them for the SAR failure

AND failure to abide by the data protection act

and the prevention of fraud acts

 

and you WILL be issuing a court summons for the disclosure of the information in 14days without further notice.

 

dx

[sequoia]

I phoned the Post Office and gave them the voucher number from the Postal Order receipt:

They told me that it had not been cashed; It was in the envelope that Capital One had signed for, so they received it.

 

I checked Cap1 data controller's address on the ICO website to make sure I had sent it to the right place.

 

Contacted ICO via webchat:

They said I am entitled to see any data that Capital One hold and advised me to write to them and demand the information.

If I do not received a prompt satisfactory response I should then lodge a formal complaint with the ICO.

 

webchat is good because you get a transcript emailed to you along with links for information.

 

I am going to write to Capital One complaints resolution/SAR team in Nottingham and demand that they reply regarding their SAR failure, as advised by ICO.

I supposed 14 days is reasonable to expect a response.

Should I send a copy to Mortimer Clarke so that they know what is going on?

 

Thanks again....

[sequoia]

Hi, got the SAR docs from Capital One.

They sent me two letters,

one saying the enclosed cheque was not made out to Capital One and another saying there was no cheque enclosed. The cover letter with the SAR said they waived the fee as a gesture of goodwill.

 

There were 3 payments made after the Court judgement date, just within the 6 years.

When I mentioned this to my wife she told me that she remembers paying them (she said she used her online banking account) because she paid off her Cap1 credit card and was going to pay mine off too, but for one reason or another she forgot about it.

 

I contacted our bank and they said that they should be able to confirm who made the payments, although they only hold 7 years records in the branch they could make an inquiry which takes 10 days.

 

Considering I have had a letter from the court Bailiff,

should I apply to set aside again,

leaving the burden of proof on Mortimer Clarke to prove the debt is not Statute Barred

or can I say I am waiting for further information from my bank?

Thanks...

[dx100uk]

you mean you've had another letter from a court bailiff since the judgement was re-instated?

[sequoia]

Yes, I received one over the weekend. I texted the number on the letter and explained that I was going to apply to set aside again. He asked me to let him know when I had submitted the papers.

[dx100uk]

that's ok

a court bailiff is in a way your friend.

unlike HCEO's you see on the tv, they don't gain commission, they are paid a flat rate b the court.

 

 

if you [they cant prove]

that you authorised in writing those payments your wife made

they don't count.

 

 

SB

[sequoia]

Should I just apply to set aside then and just state that it's SB as a defence?

Thanks.

[dx100uk]

IMHO yes

but legal is not my best subject.........

 

 

if you file an SB defence

its down to the claimant to prove you authorised those payments..

not for you to prove you didn't........