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HP Mum

Bank DCA strangers-harassing-relative

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Thanks UncleB

Been reading through it.

 

Thing is - I've received some info.

But barely any. 

Clearly not full disclosure of all data. 

And I want them to send ALL.

 

Can also see errors in some docs (personal info on me) that were obviously corrected later, yet they have not sent the communication between the 3rd party and themselves which would have highlighted the errors and when they were corrected.

They have not sent any electronic email data nor transcripts of texts or phone calls.

 

Listed some of the companies with whom they have liaised

- but provided none of the communication data. 

 

in other words

- if they appointed p.i or process server to issue proceedings against me they have not disclosed anything that reveals that.

No data from their lawyers about me.

 

provided pretty much no data over the last year;

a year in which there must have been tons of data,

regarding me and my assets,

discussed with 3rd parties and internally.

 

imo - they have deliberately withheld full disclosure.

I want to ensure they send it all

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little update - a letter has just been popped through relative's door

- addressed to me at their address again but which was obviously mistakenly delivered to a neighbour

- another wrong property.   

 

Turns out they went to a tiny court in an obscure geographic location

- to try get B.

But service not proven - so adjournment.

 

Meanwhile there is zero disclosure of this in the bank's email reply to sar.

It's like they don't want me to know they are doing this behind my back...

 

Surely this lack of disclosure will back-fire against them?

 

Just out of curiosity - what will happen to court cases if we are all still on lock-down?

 

And, if they still haven't advised me

- despite having the ability to do so via sar

- what would happen at any adjourned hearing?

 

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So adjourned as they cannot prove you have been served correctly.  Not going anywhere, until they have proof they have served the demand on you.

 

Complain to the ICO about the SAR not providing all of the documents. If you read the linked ICO informed earlier, there are details of how to complain.


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opppss...fake sd they downloaded and sent hoping you'd wet yourself..

never intending to go any further...then decided to try their luck with it...

 

how unusual...used to be the favourite trick of 1st credit DCA 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I've had a read of the council tax 92 regs (admin & enforc). 

 

Section 2 - seems to cover how correspondence concerning a property should be addressed. 

 

I have the following query:

 

I notified my council by email (lots of messages to and fro) and sent copy of Order

- all got resolved, refunds made, property labelled as exempt. 

 

The next  physical letter for the property I still received (on divert).

The letter was not in my name. 

It was labelled 'The c tax payer'.   

I had not given council a forwarding address. 

 

I had email advised I was temp residing elsewhere

- so all communication to me, about me, was to be done just by email.   

I had also redacted the bank's name on the Order.

 

Why would the council - as seen in sar - subsequently send letters addressed to me c/o the bank's address?     

The council clearly didn't get the bank's details from me.

Is it possible bank 'pretended' to be me, used their address as 'my' forwarding contact address?  

 

The property is exempt - so there is no need for 'my' name to be on council records, let alone c/o the bank.

How can I find out what has happened? 

And can I easily remove the 'wrong' address attached to my name?

 

dx - these people are trying all sorts of underhand tricks - they are awful. 

A barrister friend likened it to "they think they are above the law; they keep trying to circumvent it for their own purposes - and it won't work".  

 

re: the court - they still haven't served sd and their B petition thus got adjourned. 

None of this was disclosed in the sar.   

 

Are they now supposed to locate me and issue a proper sd

- before the adjourned case 

- which they haven't told me about... 

 

Out of curiosity - in the midst of nationwide lock-down how can anyone be served?

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Don't understand.

 

Why would the Council become involved ?


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uncleb - It's not that the council should be involved, its just that sar shows my name on council records c/o bank address. I never told council that. 

 

Can a bank be deliberately obstructive and refuse to send data - requested via a sar  - under guise of their right to privacy....??

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Whose privacy are they talking about, HP Mum?

 

HB


Illegitimi non carborundum

 

 

 

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Posted (edited)
15 minutes ago, HP Mum said:

Can a bank be deliberately obstructive and refuse to send data - requested via a sar  - under guise of their right to privacy....??

 

 

I have a feeling this was discussed much earlier in the thread, but maybe it was a different thread.

 

You can only make a Data Protection SAR for information about you. Not about someone else. So if you have made a SAR request for your relative's information the bank would be right to refuse it.

 

I haven't read back through the thread, but was there a reason why you couldn't get your relative to sign a SAR themself? You could draft it and send it off, just get them to sign it.

Edited by Ethel Street

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I wrote re my data.   They have replied quoting their right to privacy!

 

they sent barely any info, so i expanded request on exactly what is required of them.  Got no information back.

 

Just a standard privacy letter stating: how they will collect & use my personal data / who they are / why they collect my data & what personal data they require / what they do with my data/ and a generic list of the type of people with whom they share my data

 

For example, if they have commenced legal action against me surely they should disclose this?   If I request details of agents and property offers, they should be transparent?

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It is blatantly obvious that they are hiding certain details / they do not want to disclose what they have been doing.

 

It is clear I will have to make a complaint to ico.  Maybe fca?

But would such a complaint potentially lead to legal action - but I would have to instigate?  Or would the ico instigate/ prosecute?   I ask because existing cases are being put on  hold for 4 months, and even then to be heard at first available date thereafter, so with a huge backlog then maybe end of year.  And not sure anyone could even start a legal process now?   

And I want the data now - I don't want to fight through the courts for my right to see what they have said/ done.

They are being deliberately evasive/ obstructive.  Playing the card that they are large enough to drag this out on purpose and have enough money in the bank to not care about any potential future fine?

 

Not sure what I can write to enforce them to send me the data they hold on me?

 

 

 

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I'm sorry to ask this again. Are you asking for your own data or would the details you want include someone else's data?

 

HB


Illegitimi non carborundum

 

 

 

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Just mine

 

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Just to clarify - yes the sar was only with regards to my own data. 

The personal data held by them in full relates to brokers in setting up finance, the duration of the loan, subsequent legal action, receivers, valuers, agents, potential buyers, dubious pi work, attempted court action behind my back...

The have disclosed some paperwork relating to initial arranging of the finance and some paperwork relating to the receivers - but nothing else.  No transcripts of calls, no emails, no financial statements, no interest, no breakdown of extra costs, no info about pi or legal action, no details on any offers in last 7 months etc.   

I sent the sar many many weeks ago. I received the tiny amount of data.  I sent a reminder that I want all the data they hold and helpfully highlighted the specific areas to assist them.  All they have sent is a simple letter stating who they give my data to, rather than any of the actual data.

Pretty obvious they are hiding stuff.  And trying to annoy me.  Rogues.

 

I have had a read of the ico site.

Its quite clear I have a valid complaint.

But what can the ico actually do?  Especially in this  current climate.

I just want sight of all the data they hold on me.

 

Is there an alternative - like sending in sar to 3rd parties/ others: receiver, agents, brokers, lawyers?  So I try and get the same info from different angles?

 

I've clearly discovered they did quite a lot behind my back - and started a legal process through the courts  - yet they still haven't disclosed any of it in their response to my sar data request.  Surely that won't look good with any judge if they ever get their case to court?

 

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I spoke to the ico.

I can file my complaint, a case officer can assess if bank complied, if no valid exemptions the ico can ask bank to provide data. Ico can fine bank - But ico can't force bank to comply with sending data.

If bank don't send data then ico suggests taking independent legal action.....

My own assessment of this situation is that this is a long process, potentially costly, which still doesn't get the requested personal data.

So what to do?

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If you did nothing, what are the possible consequences ?

 

They have tried a sneaky bankruptcy, but that was stopped by a Court,  as they could not prove service.  Have they gone back to the Court where they made the application ? Might it be worth checking with the Court ?

 

What other options do the Bank have to progress this ?


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Posted (edited)

I have personal financial problems.

Completely separately I am one of some Trustees appointed for a Trust - to protect Trust assets for beneficiaries.  I am not a beneficiary.   

Lawyers are instructed by the Trustees to work on behalf of the Trust - when required.

These Trust lawyers received a lawyer letter asking if they are instructed for me.   They are not.  These lawyers are only instructed re the Trust.

 

The Trust lawyers have asked me for my further instructions...

They know they are only instructed by Trustees for the Trust.  So I am confused why they'd even ask for my further instructions?

 

Do the Trust lawyers have to 'ignore' the other lawyer letter - because they have no instruction to act on my personal behalf at all?  (ie they can not legally reply)

Or do the Trust/Trustee lawyers legally have to reply to a lawyer letter - and clarify NO? 

 

As Trustees we are obliged to account for all Trust expenses. 

Every legal email sent/ received is billable.

If the Trust lawyers write a letter - that is billable.

The Trust should not be held financially liable for emails/letters to/from Trust lawyers  to clarify they are not instructed by someone else (me).    

And as I am not a  client the Trust lawyers can't bill me personally.

Is it best for me as Trustee to ignore both lawyers?

Or should I just simply email and reiterate to Trust lawyers that they are fully aware the instruction is only Trustees obo the Trust?

 

I guess this other lawyer wants to physically serve papers on me personally.  As I am of nfa they can't.  The person/ company they rep know my contact details and a valid mailing address - but not where i reside.  Hence trying to use the Trust lawyers as a means to serve on me personally.

 

Any thoughts on what should do?

 

Edited by HP Mum

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Posted (edited)

I am not a lawyer - so don't listen to me!

 

However, it does seem a little odd to me also that the trustees' solicitors should ask you (in a personal capacity?) for instructions as to how to reply to the other firm's letter if they (the trustee's solicitors) know that they don't represent you personally, but only in your capacity as a trustee.

 

I think I'd be inclined to suggest to the trustee's solicitors that they respond as they see fit, but emphasising that they do not in any way either take instructions from you or represent you in a personal capacity.  But point out that you can't tell them how to reply, as you are not personally instructing them

 

I assume this is connected to your other "harassing a relative" thread?

 

Could your financial problems detrimentally affect your role as a trustee?

 

Ooopps!  Just realised cross-posted!

Edited by Manxman in exile

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Topics merged...please do not start numerous new topics on the same issue......gets confusing and repetitive. 


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Thanks Andy. Sorry - I started it as a separate issue because of it being re the Trust entity not personal capacity - even though the people trying to find me relate to this thread above

 

Manxman - I think the same as you. But I was wondering if there's some loop hole I don't know about

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Dunno if there's a loophole or not re serving papers on you.

 

Re your capacity as a trustee, could your other problems impact on that?

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Manxman - no. 

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Write back saying. I have no understanding of what your letter concerns. Please write to me again in plain English and without any legal jargon or terms.   If you can explain clearly what you asking of me and explain why you asking, then I can look into responding.


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Posted (edited)

If you are of nfa such that the ‘other’ solicitors can’t serve papers on you, how can the solicitors (acting for the Trustees’) send you letters?

 

If you can’t be served by one, logically you can’t then receive letters (and respond to them) from the other : beware a pitfall .....

 

You may wish to consider that before responding: you don’t want to create a paper trail that demonstrates you can be served but are just picking and choosing which letters you will accept and which you’ll dodge ......

Edited by BazzaS

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Posted (edited)

Thanks Bazza.

Yes. I'm aware of what you wrote.

 

The issue is the Trustees appointed lawyers ages ago when I had an address.  Correspondence subsequently is email.

Mail has been on divert from old address to a mailbox so I could receive post. The other people also know that.

Can their lawyers serve papers on me c/o a mailbox? Thought has to be physically in hand? 

 

Edited by HP Mum

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