Sent SAR but today received Court Claim form

[JonCris]

libby have you sent the creditor a CCA if so how long ago..........Also send Shoosmiths a SAR as that below:

 

Date:

YOUR REF:

OUR REF: Special Delivery

SAR (Subject Access Request) DPA (Data Protection Act) 1998

Their Name & Address

Your Name & Address

Dear Madam or Sir:

RE: YOUR CLIENT

As per the DPA 1998 (Date Protection Act) I require that you supply me with any and all data in your possession which, in anyway appertains to myself including true copies of any properly executed agreements, statements of account, default notices, all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails

If your client is not the original creditor please also supply a true copy of their letter of assignment or if acting on behalf of another a true copy of their predated authority to bring this action.

I enclose the statutory fee of £10 by way of a postal order and remind you that you have 40 days in which to comply

Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following:

Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

If you should attempt to bring or have already brought an action before compliance, I will after notifying the court of my Subject Access and CCA requests, ask the court for a continuance to allow time for both yours and your clients compliance

I await your responses

Yours faithfully

CC To all parties

[libbyb]

Hi everyone - thanks for all your help on this, we received notification from the court and my son had admitted part of the debt - Shoosmiths were claiming £6834.78 he looked at the statements that he had received and admitted to £4008. the court has ruled he must pay £4008 plus 120 court costs at £100 per month. I thought all our efforts had been in vain, this was not greatest result, but showed them that they can't just keep pressing the + key on the calculator and charge the defendant that!

[fbnts]

Hi Libbyb,

 

Only just seen your post but did you reply to post 74 from lookinforinfo regarding the reprossession? From what I can understand, that should have been the end of it as he had paid a considerable amount off?

 

I may be wrong but it may be worth looking into and possibly taking this back to court to have the judgement set aside.

 

Tom