Trade Centre uk/Startline Motor Finance - and Jonathan Hall, DWF Law - solicitor (apparently)

[BankFodder]

Thank you. Doesn't seem much there to get your teeth into.

Doesn't it refer to the court claim, the judgement, the payment – et cetera?
Is there any record of communications between them and the dealer?

Does it refer to the status of the loan at all? Does it say anything about it being still in place or having been discharged?

And are they still hassling you at all for repayments? What's the situation with the dealer now?

Are you out of pocket at all – and if so by how much in respect of what?

I realise that probably much of this information is contained in the thread but I'm afraid it has been going on so long now and over 15 pages that I need summaries every now and then of the existing position.
 

[shellyh24]

No it doesnt refer to the court case other than when they have called me to ask for payment and i have told them im not paying them as a i have a CCJ against them... that is about it, nothing past that.

There is no communication there between them and the dealer, just emails back and forward from me to them which i already had. Nothing regarding their legal team/Jonathan Hall either.

It doesnt say anything about the status of the contract.

They are still chasing me and send me 1 letter per week charging at £15 to invoice me for the arrears owed. 
They have now filed in with the credit agencies. 

I am not out of pocket for anything. 

The car is still at the dealer, I have not heard from them recently. 

I am still in limbo waiting for this contract to be cancelled and the vehicle rejection to be allowed.. .all the while I am building up debts on my credit file for a car I haven't seen for 3 months. 

The final word from TCUK a while back was that the vehicle rejection was not being allowed due to it being down to a servicable item. (One that THEY didnt service therefore mechanical failure due to lack of maintenance!) 

Johnathan Hall has gone Radio Silence since the CCJ was paid. 

[shellyh24]

Well.... having just said Johnathan was radio silence, look what I just received... !!!!!

Dear 

 I can now confirm the following;

 1.       The Agreement is ended. Until such time as it is fully closed on the system you may still receive an automated statutory notice so please ignore.

2.       The vehicle will be collected from Trade Centre Wales.

3.       Any adverse reporting to the CRA has been requested to be removed. The CRA has their own timescale so the request is not immediately actioned.

4.       On the basis that the claim has been settled, I am instructed to withdraw the application. 

In due course, I will close my file. 

Thank you for your assistance and co-operation. 

Kind regards

[BankFodder]

Okay, that is a result.

The question now is with you want to continue to get some compensation for what has happened, the data protection breaches in particular.

They were late in making the subject access disclosure. That was only minor but it caused you difficulty. Clearly there is a fair bout of staff missing because it must be correspondence about it, notifications of the judgement et cetera et cetera.
Also you say that you are building out debts on your credit file as a result of this. Please could you explain because you said that you want out of pocket but on the other hand you seem to be saying that you are losing money.

Would you like to continue to get compensation for what they have done and to deliver a slap to them at the same time?

 

[shellyh24]

I don't know, what would you do?

They were about about 2 weeks late on the SAR. They are an absolutely shocking company to deal with.... they didn't deal with the court thing well at all ignoring it and then saying they were scared to open the file lol....

 

In terms of debt what I mean is they are adding defaults to my credit file saying I owe £600 odd or whatever,  but that will now be removed according to the email.

 

[BankFodder]

Check back tomorrow afternoon or tomorrow evening.

The problem is that although they are going try  to get the credit reference agencies to remove the entries, they can't guarantee the time. It's not acceptable and also you don't know who else this data has been shared with.

[BankFodder]

I think that you should send a subject access request to the dealers.

I think you should do that straightaway.

Also, please can you post up the subject access request which you sent to the finance company so that we can see exactly what you asked for. Even if used a template, please will you post it up

[shellyh24]

This is what I sent .....

Startline Motor Finance Ltd

DATA PROTECTION REGULATIONS – SUBJECT ACCESS REQUEST

Vehicle Registration: KM66BAU Contract Number: 16917235

 

To whom it may concern,

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.

I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one month timescale has started.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

This may also lead to legal action in the County Court and a judgement will then be forwarded to the FCA.

 

Yours Sincerely,
 

[BankFodder]

Thank you. First of all, send the identical subject access request to the dealers. You should do that straightaway.

Secondly, please will you go through the subject access request that you have sent point by point and see what is missing.

Presumably they have given you any details in relation to sharing – the default, or any other bodies including credit reference agencies. They haven't told you about sharing it with their solicitor even though that is privileged information that they should tell you that it has been shared.

There must be information and directions by now about the claim that they received and why they wouldn't deal with it.

Please start making a very obsessive/detailed list of what is missing.

Set it out in a list. Leave spaces so you can go back and fill things in as they occur to you. Go through your own correspondence – written, email, telephone and see if there are references to that in the subject access request that you received.

Every little bit that they haven't included is helpful to you.

Don't take some broad sweeping cursory view of this. Be absolutely nitpicking about it.

When you get the disclosure back from the dealer, we will then have something else to compare and that might give you more clues as to things which are missing.

I think if you are the fact that they have caused you a huge amount of distress between them, if we can identify data protection breaches then suing them for some kind of conversation will be easy. Even if it is only £300 or £400.

Can you also list out the impact this has had on you in terms of any losses and also any distress.

List out the threatening letters that you have had and the difficulties this might have caused you. Let's get it all down.