Have Sinclair Taylor DMC crossed the line ?

[Foolishly]

I rented a property from estate agents couple of years ago, looked nice on the surface, found multitude of issues, long story short, they ignore my requests to have it put right so i never paid rent (know I was wrong to do it).

 

The actual landlord whom I was told had no access to property unlawfully evicted me and stole my belongings.

Estate agent denied any knowledge at time police said civil matter.

 

I moved to a new property and gave my forwarding info to them etc.

the estate agents not landlord instructed their debt management co to issue court proceedings to addresd of the rented property where I no longer resided at, they used the landlord name and placed EA as a C/o for the lanlord and all correspondence to go to DMC.

They got a judgement by default and had added all types of fees to it, it also enabled the EA to claim the deposit and I was unable to contest due to the judgement.

I then received a letter from DMC along with copy judgement.

The DMC enforced the judgement (even though this should not have been allowed).

Marston’s sent a notice, I got the enforcement stayed and a hearing to set aside.

 

Finally after 5 court hearing (even though the landlord had given an apparent excuse for not attending each time plus the judge informing EA and DMC they had no right to be at hearing) the rental debt was reduced accordingly to the state of the property.

The eviction part and missing belongings however was not dealt with due to the landlord not in attendance.

I was ordered to pay landlord (even though there wasn’t an actual rental debt as the insurance premium had covered any debt, but as landlord wasn’t there he couldn’t answer any questions).

 

I was then again bombarded by the DMC whom I politely told to get lost.

So once again they unlawfully enforced the debt using A defaced document and had added interest fees Bumped up the debt

( I found out months after everything they had altered a court judgement as they stupidly sent me a copy in error with paperwork,

when I tackled them they told me it was none of my business).

 

I got a hearing to stay the writ and the DMC turned up to be correctly told they had no rights to the judgement, enforcement stayed.

Not happy with this action they then produced an assignment allegedly done months earlier, it isn’t even signed correctly and used this without my knowledge to get a judge to substitute the DMC on the judgement without any me having any Knowledge of the request being made.

I know they have used fraudulent docs and presume the Money they gain is split between both.

They tell me to stop asking questions because they don’t have to answer me anything as they own the debt.

The landlord even cut ties with EA prior to court action.

Even the original court statements from the supposed landlord are signed by EA with their name not the claimant/landlord.

 

How can this be legal?
Are they allowed to substitute a judgement without other party being notified?
You can see the assignment signatures are not even originals simply by the way they go through the words that have been placed on top of them, nothig is lined up correctly. The witness signature isn’t even the signature of who it claims to be.

Could I contest any of  this, as seem to  have used fraudulent means and action to secure funds for their own gain? 
I have sent 2 SAR requests off 1 to DMC and the other to the EA can they refuse to sent the info to me?
 

[AndyOrch]

Thread moved to the appropriate forum please continue to post here.

 

Andy

[Foolishly]

Well I received my data from the DMC in a PDF file and post today, I thought I wouldnt get it, as the agents told the DMC  not to release anything until they take advice as they 2 received my SAR request.

 

Came back required ID, fair enough sent them a photo of my DL.

If a request for ID etc.has been received I understand the 1 month requirement to provide starts once they received what it was they requested.

 

agents after 5 days of the requests contact me to and request 2 certified copies of ID, fair enough however in a further attempt to delay they will only accept my ID by means of postal (absurd request) or I am to take it in person to their offices (as if).

Not hopeful in retrieving my data from agent - must obviously be worried!!

 

So I have replied and informed them,

"I have no issues in attending the office as long as you do give me assurances that upon doing so will reimburse me my expenses of time and travel, as I think your requests is unreasonable, in order for me to retrieve from you,  my data you hold and are obligated to send me should I request it"

 

I did also refuse a postal version and stated that an electronic method is perfectly adequate and attached a PDF version of my DL for ID.

 

Are their requests unreasonable?

 

Looking at data I received its not consistant, missing information, different docs to what they originally sent me, no assigment paperwork that had appeared as though agreed in July 15. 

 

Interesting though they did use the transfer up service twice,(listing my parents telephone number as my contact) so to enable marstons involvement, and they received a detailed report from them about their attendance here, my information.

 

Should I write to the company who complied with my recent SAR request but have withheld some 

 

I recently reveived documents from a SAR request that is missing the vital information from 2013 and 2014 early part of 2015 from the notes/activity section on their system.

 

It appears in July 2015 the information started on a new account as it states "balance transferred from Act 6" they have provided some copy documents and emails from the missing yrs but not all of them and have also sent different versions to ones originally sent to me (strange). 

 

The notes they log on to the system automatically-

time stamps

date

time

then they input what action or note

user name automatically is logged (I would presume)

 

the data I have received should in theory be in chronological order if im correct in presuming as its the data file created from the stored info on the hard drive of their computer system, however the data sent is erratic and skips to one year then back to another.  

 

I do know the reasons they are reluctant to send the missing info and have more than likely removed some from the notes etc thats why its not in date order, but what they have sent does in fact give me proof of their participation in a fraudulent act but I need the missing data .

 

They have already shown that there are previous years notes etc as have sent me some copy emails from that period.

 

What can I do to make them comply?

 

Any advice is greatly appreciated

[stu007]

Hi

 

Please be patient I am sure others will be along to advise

 

In your 2 SAR's did you ask for specific data or did you request 'ALL DATA'?

 

The reson I say this is if you have requested specific data in your SAR then that is all they will send but even if it is their own companies/business SAR Form where it states i.e. other or additional information you always put in bold letters 'ALL DATA'. 

 

I would advise anyone putting is a Subject Access Request (SAR) to always state 'ALL DATA' why you may ask, is that simple request covers whatever format they hold that data in whether is be written, hand notes, photographs, email, digital etc. every format they hold it in.

 

 

[Foolishly]

I requested All Data on both letters, but before I sent the requests I knew there would be issues in receiving the data and had no doubt l was going to struggle to receive it all from them or at least anything the did not want me to see I wouldnt be getting.

 

Some things received do confirm my initial belief and findings and that the actual landlord was not involved in the court proceedings what so ever.  it was the agent and DMC all along the docs signed vary in the way signature is never same.

 

One document that they never included was the alleged deed to purchase the debt, I already have a copy, what is very obvious on it is that the signatures have been pasted on to a blank piece and the deed then printed over,

 

how do i know, well quite simply when you sign a document you sometimes write (not intentionally) over the top of words, but you cant write underneath words already there contained/printed on the document.

 

If that doesnt make sense, sorry its very hard.to explain, but it can be noticed.

Its not even lined up correctly.

[Foolishly]

Hi 

 

I have again received an email from the agent I sent a SAR to, reitorating his previous requests for certified copies of ID in the manner he stipulated I must send them, and to remember the 1 month wont start until he is in receipt of.

 

Just attempts to delay or try and refuse his obligation to provide. Email states;

 

Following further consultation with the ICO, we would again request that you provide us with certified proof of your ID and your current address (or sight of the original documents) before we commence the Subject Access Request process. Please also be aware that our obligation to fulfil your request within one month does not begin until you have provided us with the information requested. Our obligations with regards to proof of identity are laid down by our regulator not ourselves.

 

I sent my DL on 22/11/19, but they wont acknowledge I have provided my ID as they seem to want me to attend their offices in person with my DL. The ICO advises;

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information

 

 

They have no issue with my identity just delaying.

 

What would be next step??

 

[Foolishly]

Just thought would update, agent still refuses to comply with SAR,  stating they are perfectly entitled to requests the sight of certified copies of my ID as advise by ICO, when asked for contact information at ICO who gave this alleged information, I got no reply?????

SAR  req made 16/11/19, took them 6 days to reply asking for ID, just delaying at every option.

 

As for the first data received from DMC I am in process of contacting them to request 2 yrs data missing, an explanation for the content received which makes no sense and erratic layout plus querying the documents that differ.

[Foolishly]

Can anyone advise me on;

1.How I initiate a complaint regarding the failure to comply with a SAR request.

2. Should I write to the DMC who did comply but failed to supply all, or just start a complaint against them too.

[dx100uk]

run it passed the ico..ask

dx

[Foolishly]

Thanks, will do

[Foolishly]

I have sent off my complaint to the ICO for the failure to comply with my SAR request.

[Foolishly]

Just wanted to see if anyone has any advice on this;

Heard from the ICO who informed me they were contacting the estate agents over their non compliance and requesting that they do comply with my request; not heard anything further as yet,  not hopeful either, 

However the DMC have given me false information in informing me that all the missing data they retained has already been destroyed in line with GDPR.

 

This isn’t possible as some of the data they have already sent is from that period I pointed out to them they had omitted to send plus in their own terms this contradicts this statement that it has already been destroyed (they actually retained documents and data for a certain period after the account closes in case of queries etc.).

 

They also have sent paperwork that differs from the original ones I already have. Their detailed logs isn’t in the correct order of dates and events along with screen shots from the debtors account have no reference to myself or entries to show payments transferred to landlord as their logs state this has been done in the earlier stages prior to them taking control of the judgement using a fabricated document.

 

I believe as they conspired with the agents on this matter from day one, lied to a court judge on multiple occasions over the whereabouts of the landlord, altered court documents to enable them to receive the refund of my initial deposit, they also  instructed Marston’s on 2 separate occasions to enforce the original judgement gained in default successfully set aside.

 

So if the agent and the DMC provide me with the data they are currently holding it would probably give 100% proof of their joint involvement and deceit, but I am unsure what should I do now,

 

in total both parties have deceitfully obtained approx. 1500 from me.

 

In January 2020 I told them im not paying another penny to them.

 

I am so confused as the second judgement isn’t even registered. I should not have a problem setting aside the judgement and requesting a refund of any monies I was forced to pay because any info they could rely on or even fabricate has already been destroyed due to GDPR from that time (so im informed), but how do I set aside a judgement that doesn’t exists on the registry?
 

[BankFodder]

I hope you won't mind me pointing out that when you post on this forum you are posting in very solid blocks of text.

In fact I notice that our site team have gone in and restructured your posts on three occasions since 2019. The site team are extremely busy and they shouldn't have to do this.

When you post solid blocks of text it becomes extremely difficult to read/to follow and just adds extra difficulty to the site team and other people who otherwise would be very pleased to give you the help you need.

Please will you make your posts properly spaced and punctuated and presented in the way that you would prefer to have them presented to you if you are providing free help to someone who needed it.

Thanks

[dx100uk]

If no judgement exist

go do a chargeback if you paid by debit card?

 

when and how did you pay?

you have a total of 540 days from any date of payment

[Foolishly]

@BankFodder  

Im sorry, I will ensure I do this.

I wasnt aware my posts had to be restructed and would not inentionally take up valued time of a member of the site team, so again I apologise.

[Foolishly]

The payments had to be made by weekly standing order or direct payment from my bank.

 

The initial deposit was paid out to them from the deposit protection.

The first judgement order gained by default ensured they received the money as it was written on the order gained from the court, although this was set aside when I became aware.

 

I do not want the parties involved to get away with

decieving the court,

altering a court sealed document (judgement order) to obtain funds by deception,

created false documents (a deed of assignment) and inserted signatures on the docs that are not even a legitimate signature of the person they allege it to be,

 

all to enable the courts to transfer rights of a judgement for a debt they claim to have purchased in order for them to obtain funds.

 

Not sure what action if any I could pursue against them, any thoughts?

 

 

 

 

[dx100uk]

22 hours ago, Foolishly said:

However the DMC

 

what does dmc mean please?

and who are they

 

dx

[Foolishly]

Debt Management Company

Company name Sinclair Taylor

[dx100uk]

 Sinclair taylor are a dca they dont buy debts.

a dmc is debt management company.

 

they don't buy debts but manage them for their stated client.

so do they state a client on their letters?

they have not bought the debt.

 

who is their stated client please

 

[Foolishly]

Yes they do manage debts for their clients,  in this incident their clients were Mark Gilbertson Estate Agents.

 

However in December 2018 they alleged that they purchased the debt direct from the landlord for £10 (not the estate agents -Mark Gilbertson) and produced a document (deed of assignment) with terms of the sale, the signatures on this are forged, so they were substituted as claimants at the courts (this kept the actual claimant (estate agents) out of the limelight,  as they were merley using the landlord as the front to initiate proceedings). Total deception. 

[Foolishly]

Just an update;

 

I have been receiving emails from Sinclair Taylor requesting payments to commence at a rate of £10 per week as they feel thats a justified amount!

 

They stick to their story the Data has been destroyed and state my requests are vexatious to delay payment, if payments dont continue with in 7 days they will have no other option but to apply to court for enforcement.

 

I have told Sinclair Taylor to go ahead and apply to the court as their not getting any further money from me, at least it will save me the job of initiating a claim against them to reclaim the £1700 plus in funds they obtained by deception, the documents I have prove my case.

 

I have now complained to ICO about the data they allege has been destroyed.

 

Still no compliance from the Estate Agents funny how they wont comply and send my data, while Sinclair Taylor claim the data for that same period that will no doubt show correspondence between the two parties has been destroyed.