Kings Hill - advice please!

[psykix]

Hehe... Just got email from Creditexpert... They have added the following to my report :-

 

I, MR x x x x x , WOULD LIKE IT TO BE KNOWN THAT JUDGMENT CASE NUMBER xxxxxxx IS CURRENTLY IN DISPUTE. THE COMPANY CONCERNED HAVE NEVER PROVED BY WAY OF PROVISION OF A SIGNED CREDIT AGREEMENT, THAT THESE DEBTS DO IN FACT EXIST. I AM CURRENTLY TAKING LEGAL ACTION AGAINST THEM"

 

They wouldn't let me put on my original one, as they said it may be construed as defamatory!

[tbern123]

I wonder why WW didn't sign it ???

 

Not really sure when it comes to CCJ's..... sorry

[psykix]

But they are still obliged to respond to my SAR?

[tbern123]

oh yes, there is no escape from a SAR. If they don't send you anything make a formal complaint to the ICO.

[psykix]

One thing about a SAR - how do you prove you have been sent ALL data they hold on you?

 

And one other thing... If they say they are not obliged to provide the CCA's, but have cashed my PO's (not checked if they have yet), where would that leave me?!

[Pliny the Penuriosus]

Just because this has gone to court, and they have a CCJ and charging order against me, why does this absolve them from their requirement by law to provide me with my requested CCA's?

 

I understand it will have little effect on the CCJ, but it is still their legal obligation surely?? yes see below

 

I want to be able to make a complaint when they fail to comply.

 

It's tailored to send to a solicitor so amend this to suit & send.

 

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) we require that you supply us with any and all data in your possession which, in anyway appertains to our myself including true copies of any properly executed agreements, statements of account 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 previously enclosed the statutory fee of £10 by way of a cheque which you have subsequently cashed 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"

We await your responses

Yours faithfully

 

CC To all parties

[psykix]

They already are in possession of my SAR requests, and have cashed the cheque pertaining to such.

 

I shall wait with baited breath...

[Pliny the Penuriosus]

They already are in possession of my SAR requests, and have cashed the cheque pertaining to such.

 

I shall wait with baited breath...

 

I'm aware of that & I did say amend to suit

 

As they appear to be claiming priviledge. The important bit for your situation is that which I have highlighted at the end of the template

[elizabeth1]

quote = "What a set of plonkers they are..."

 

here, here!!!! you got it in one!!

 

OK they had their chance? you should just slap a summons on them for non compliance????????

[psykix]

Hmm.. Citi Cards have responded to my SAR request confirming receipt of my cheque for £10, and sending me a big form to fill in?!?!

 

Do I have to complete this? Asking lots of details about me... And they want copies of my driving licence etc etc...

[Rhia]

Although they do have to be certain of the identity of the person under a SAR request I do think these companies are taking the mick somewhat with these forms and using it is a delaying tactic.

I had a similar one elsewhere and decided to go along with it so as not to give them an excuse so senta copy of driving licence and a very stroppy letter saying they had been perfectly happy with my identity when it came to aking payments from me, adding penalty charges and defaulting the account without any warning and handing it over to a DCA etc etc (you can add harrassing by phone etc) so it is quite ridiculous to try to confirm my identity now.

Then tell them how long they have to reply from your initial request and that unless they comply you will report to ICO etc

[psykix]

They are asking for other info though - like "were you accepted for a credit card" etc etc?!

 

I think I'll just reply and tell them that they have been happy to send correspondence to do with the accounts to this address previously, so they should be happy to send the SAR info.

 

This all stems from an Associates Credit Card, I have never had dealings with Citi themselves..

 

They are just playing games...

[psykix]

Quick question... And separate from the Cabot stuff in this thread..

 

I CCA'ed Geoffrey Parker Bourne (Supposed solicitors) who had written to me about a debt relating to Thames Credit - dunno what it's for, they don't say...

 

Anyway, they signed for it on 5th April 2007.

 

Today, however, I have received another letter from ScotCall Debt Collecting Services threatening doorstep collection, relating to the same alleged debt and quoting Thames Credit as the creditor... How shall I reply, or shall I ignore it and wait for the 12 days to be up until they default?

[Pliny the Penuriosus]

Don't complete their form. I suspect it's a trap to get you to admit a debt you might be disputing

 

Tell them your original SAR is perfectly valid & you expect them to comply within the statutory time limit failing which you will report them to the ICO.

 

I'm interested in seeing this form. Can someone scan & post it on here

[gizmo111]

Don't complete their form. I suspect it's a trap to get you to admit a debt you might be disputing

 

Tell them your original SAR is perfectly valid & you expect them to comply within the statutory time limit failing which you will report them to the ICO.

 

I'm interested in seeing this form. Can someone scan & post it on here

 

This sounds like a standard Citi form when you requesat a SAR, they have to be sure who they are sending data to, so they are within their rights to request this extra info.

[gizmo111]

Just because this has gone to court, and they have a CCJ and charging order against me, why does this absolve them from their requirement by law to provide me with my requested CCA's?

 

I understand it will have little effect on the CCJ, but it is still their legal obligation surely??

 

I want to be able to make a complaint when they fail to comply.

 

Read here http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

[Pliny the Penuriosus]

No they are not if they have already been communicating with you at that address. It's an attempt to delay matters & may even be an attempt at trapping you into admitting a debt you dispute & until I see one I can't be sure

[psykix]

The form is 3 pages long!

 

Can't scan it unfortunately

[psykix]

YAY!!! I have finally managed to get to join the Willem Wellinghoff fan club.

 

Received a letter from him today in relation to my SAR saying they are compiling a full file, and I should receive it in 40 working days. And that I should also SAR the original creditor as they may hold information on me that Cabot don't have. I've already SAR'ed them, but thanks for the advice WW!

 

Is it working days? Or just 40 days?

 

I'm really chuffed now, I thought he was neglecting me....

[Seahorse]

Just 40 days. And to be fair, they'll probably have it to you within that time.

 

Although, whether or not it contains everything they have, is another matter.

 

Some of us have had "generic" templates, which they claim are "similar" to letters you would have received. I'm not sure how they stand legally regarding this, but it's a question I shall be putting to the ICO to clarify. (They must be sick of me at the ICO by now )

[psykix]

My Cabot battle is temporarily on hold!

 

Mrs Psykix gave birth yesterday to our little boy - 8 weeks early!

 

Funny how things have suddenly been put into perspective!

[skintandbroke]

Congratulations on the new arrival Psykix. Been reading your thread with interest - keep it going and fingers crossed that it all comes to a successfull end soon.

Good luck

[InKogneeToh]

CONGRATULATIONS TO YOU BOTH!!

[elizabeth1]

My Cabot battle is temporarily on hold!

 

Mrs Psykix gave birth yesterday to our little boy - 8 weeks early!

 

Funny how things have suddenly been put into perspective!

 

 

CONGRATULATIONS!!!!

 

You now know where CAG is when you are ready later and need help!!

[tbern123]

My Cabot battle is temporarily on hold!

 

Mrs Psykix gave birth yesterday to our little boy - 8 weeks early!

 

Funny how things have suddenly been put into perspective!

 

Congrates.....are the both well and ok ?