Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
  • Our picks

Re14796

Am I worrying about nothing

style="text-align:center;"> Please note that this topic has not had any new posts for the last 498 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Basically I failed to send a request for information for a customer and then got an email today reminded that the request for information is overdue and has to be in by the middle of next week. I sent it today to all departments, I apologised and asked them to send the information ASAP. If I fail to meet the deadline will my company get fined? it is to do with gdpr. A customer has requested all the information we hold

Share this post


Link to post
Share on other sites

No, it is most unlikely that the company will be fined. On the other hand, if the data subject is in an aggressive mood about it then they will be quite justified in complaining to your company and also the information Commissioner.

 

Ideally I would suggest that you write to the customer and explained that there has been an oversight and that there may be a delay but all possible efforts are being made to satisfy the request on time or as soon as possible afterwards. However, I don't think you could properly send a letter like this without talking to your line manager and explaining the situation. I think from your point of view you need to be as open and as honest as possible with your line manager so that your mistake isn't "found out" later on and it looks as if you have been trying to cover it up.

 

Go and see your line manager immediately. Explain the situation. Put your hands up and suggest your line manager that an apologetic message is sent to the data subject and that your line manager then contacts the relevant departments within your organisation and asks them to prioritise the data search.

 

One important thing is that you have made a mistake and you don't want to compound it by having been seen to try and cover it up.


Share this post


Link to post
Share on other sites

Go beg the other departments in person and I am sure you will get there on time.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

And what if your IT systems go down, or the internet connection, or the mail server?

 

 

I'd be very surprised if this request was as urgent as you've been told, there has to be some leeway.

 

 

Doesn't mean you won't get into trouble, it depends on whether your company is retarded enough to think that making examples of people helps to motivate staff.

Share this post


Link to post
Share on other sites
And what if your IT systems go down, or the internet connection, or the mail server?

 

 

I'd be very surprised if this request was as urgent as you've been told, there has to be some leeway.

 

 

Doesn't mean you won't get into trouble, it depends on whether your company is retarded enough to think that making examples of people helps to motivate staff.

 

there is no leeway. The statutory duty is a fixed 30 days (previously 40 days) and there are strict rules which permits some exemptions in exceptional cases.


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...