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Alphageek

AlphaGeeK Vs Amex ***WON***

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Can I not just print the frames of your avatar? :lol:

 

Feel free.

 

(of course, I didn't mean you should write " You have a further thirty six days to comply, or else". I meant, " You have a further thirty six days to comply or I will seek and order in the County Court under the DPA" - but you knew that)

 

Steven

 

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 

GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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I don't think you should do that. Our strength is that we behave reasonably and do things properly. Don't descend to their level. In any case, you want this all sorted as quickly as possible, don't you.

 

Steven

 

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Point taken......will write tomorrow but they are already in breach on Tuesday anyway.


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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Point taken......will write tomorrow but they are already in breach on Tuesday anyway.

 

No doubt you will point that out to them in no uncertain terms along with the consequences should they delay any longer.

 

Steven

 

If this post is helpful, please click the scales


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 

GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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No doubt you will point that out to them in no uncertain terms along with the consequences should they delay any longer.

 

Steven

 

If this post is helpful, please click the scales

Well MBNA, Royal Bank of Scotland and GE haven't responded at all yet and they are all in breach on tuesday too..................lol!:D :D :D


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Feel free.

 

(of course, I didn't mean you should write " You have a further thirty six days to comply, or else". I meant, " You have a further thirty six days to comply or I will seek and order in the County Court under the Data Protection Act" - but you knew that)

 

Steven

 

If this post is helpful, please click the scales

 

I thought ", or else!" had a nice ring to it. But I agree with you in that we do not sink to their level.

 

Amended letter in above post as per your suggestion. Thanks again.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I didn't even receive a copy of my application - they only sent me a set of their latest terms and conditions.............kept my £1.00 postal order though!

 

Hi Josie8, If they have kept the £1.00 PO, that just strengthens your request. Keep at them.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Royal mail site shows both of my recent letters delivered on 22nd.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Received letter from the DCA this morning.

 

QUOTE REF: 0000000/0000

 

25th May 2007

 

Alphageek

 

RE Alphageek

FOR American Express Svcs Europe Ltd

A/C No. 0000 000000 00000

 

Amount Due: xx.xx

 

ATTENTION

 

Dear Sir/Madam,

 

Further to your letter of xth May.

 

We have requested the appropriate details from our client and are awaiting the arrival of these. Once they are in our possession we will forward these to you via Recorded Post.

 

Should you have any further queries regarding this please contact me directly.

 

Yours faithfully

 

Person

 

Accounts Executive

NEWMAN & COMPANY

Sounds like normal waffle to me. Should I write to them reminding them of their obligations?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Amex and DCA are both over the 12 day limit to supply a copy of my agreement.

 

Do I just sit tight now and wait for a further 30 days?


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I would write and tell them what the state of play is now they have passed the 12 day mark and what will happen in another 30 days

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 

GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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Received letter from the DCA this morning.

 

Please find enclosed copy of your original application to American Express as requested.

 

They sent me a copy of the application forms I got from Amex in post #10 and another from, presumably, when I switched to a Gold Card.

 

It's such bad quality, I nearly didn't have to blur out any personal details.

 

Scan here.

 

Am I too early to write to Newmans telling them that Amex had no right in disclosing my data to them (as Amex have defaulted on CCA as of yesterday) and that they should revert my files back to Amex and cease to, or not start to process any data where I am the data subject as there is no agreement allowing them to do so?

 

I think it's the DPA s10 letter I need to send, but it will need some amendments for sending to Newmans.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I am thinking of sendig this to the DCA on Monday. Comments please?

 

My Address

 

 

DATE

Newman & Company Ltd

Limewood House

Limewood Way

Leeds

West Yorkshire

LS14 1AB

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

Re: Amex account no. 0000

Newman reference: 0000

Account holder. Alphageek

Address. My Address

Whereas I have been in correspondence with American Express Services Europe Limited since 1997 and despite my correctly formatted request under the Consumer Credit Act 1974 they and Newman and Company Limited have failed to produce a correctly executed agreement between myself and American Express Services Europe Limited implying my consent to process any data where I am the data subject. Without such consent, American Express Services Europe Limited had no authority to disclose any data where I am the data subject to a 3rd party such as Newman and Company Ltd.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

As you do not have, and never have had, my consent to process any data where I am the data subject I require destruction of any data you hold where I am the data subject. I also require a certificate of destruction showing

  • Date of destruction
  • Description of records or Record series disposed of
  • Inclusive dates covered
  • Method of destruction
  • Name of person the records where destroyed by
  • Name of Witness to destruction
  • Name of Department Manager

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Alphageek

Dated this 9th day of June in the year two thousand and seven.

 

 

 

[Footer] via royal mail recorded delivery tracking number XXX

page x of x

[/Footer]

 

 

 

 


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Looks good

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 

GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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Looks good

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

Yes that should give them some sleepless nights lol!


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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I ameneded the letter slightly and posted it this morning.

 

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: Amex account no. 0000

Newman reference: 0000

Account holder. Alphageek

Address. My address

Whereas I have been in correspondence with American Express Services Europe Limited since 1997, they and Newman and Company Limited have failed to produce a correctly executed agreement between myself and American Express Services Europe Limited implying my consent to process any data where I am the data subject. Without such consent, American Express Services Europe Limited had no authority to disclose any data where I am the data subject to a 3rd party such as Newman and Company Ltd.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

As you do not have, and never have had, my consent to process any data where I am the data subject I require destruction of any data you hold where I am the data subject. I also require a certificate of destruction showing

  • Date of destruction
  • Description of records or Record series disposed of
  • Inclusive dates covered
  • Method of destruction
  • Name of person the records where destroyed by
  • Name of Witness to destruction
  • Name of Department Manager

Additionally, I require a quarterly written statement that no data has been processed by you where I am the data subject.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Failure to comply with this request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.

 

I expect to hear from you within 10 working days from the date of this letter. If you do not reply, it will be taken that you have failed to comply with this notice and I will pursue my legal rights without further notice.

 

Yours faithfully.

 


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Let's see what we have today. Ah, yes a letter from my friends at the DCA.

 

Dear Alphageek,

 

Further to your letter dated 11th June.

 

I enclose a copy of our internal complaints procedure but I am taking the opportunity to respond to your letter today.

 

We have been dealing with you on this matter since MONTH 200x and in the intervening period have not on any occasion passed information regarding your account to a third party.

 

For the avoidance of doubt please note we do not pass information to credit reference agencies therefore any action taken by this company will not have had a detrimental effect on your credit rating.

 

We trust you will continue to discharge the debt by monthly instalments and that over the course of the next seven days we will receive your overdue instalment of £x so as to avoid any Legal Action being undertaken by our specialist in-house team.

 

Should you have any further issues please do not hesitate to contact me directly.

 

Yours sincerely,

 

Mr L.Sommerville

American Express Team Manager

NEWMAN & COMPANY

Oooh, I've got the team manager looking after me now! :D

 

Their internal complaints procedure was a stupid looking flowchart authored in May 2007 and bearing the moniker "Complaints process version 1"

 

Aw, I feel all special now. It looks like they invented it just for me :D


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I will send this tomorrow on my way to work.

 

 

Dear Mr Sommerville.

 

Thank you for your letter dated 12th June 2007.

 

I was somewhat surprised by its content in that it did not contain the certificate of data destruction my notice required. Equally, your second to last paragraph was baffling.

 

For the avoidance of any and all doubt, your company holds no consent from me to process any data where I am the data subject save for holding my name and address for the purpose of providing me with the required certificate of data destruction and a quarterly statement that you have not processed any data where I am the data subject.

 

Under the Data Protection Act (1998 )I have principled rights in that:

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary “for the performance of a contract to which the data subject is a party.”

 

Any further correspondence from Newman and Company Limited (with the exception of the two cases mentioned in paragraph two of this letter) will be forwarded together with my complaint to the Information Commissioner. Any investigation they undertake that found you had acted unlawfully, may affect your right to hold a consumer credit license.

 

As I believe you have wilfully disregarded my notice to cease processing data where I am the data subject, I withdraw the 7 day grace period I allowed you to comply and now require immediate compliance with my notice, a copy of which is attached for your convenience.

 

 

If you do not understand Newman and Company's obligations under the Data Protection Act (1998 ), please pass this letter to your Data Controller.

 

Yours faithfully.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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In the last sentence perhaps add "or seek the advice of your legal department or a qualified solicitor" or something similar?

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 

GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

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To be honest with you, I hope they hang themselves, so on this occasion I am going to not give them any more help.

 

If they don't have a data controller who understands the law, that's their problem.

 

Many thanks for your continued input to this thread. I'll buy you a beer when I get rid of these two companies out of my life. :D


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Received my monthly statement from Amex today.

 

They have paid my £10 S.A.R - (Subject Access Request) fee and £1 CCA fee in to my account despite me telling them not to in the case of the CCA fee.

 

The are well over their 12 days for CCA default and will commit an offence on the 4th of July. How poignant for an American firm :)

 

They have also added interest on the outstanding balance as normal this month.

 

I understand that my S.A.R - (Subject Access Request) letter, and possibly my CCA letter, put the account in dispute and they should not add interest, but I also seem to remember reading somewhere that they should not have been adding interest since they issued a default.

 

Is this correct and should I claim back all interest I have paid them since the date of the default?

 

I have what I guess they'll argue is my full SAR disclosure now and am ready to send my premlim for the charges.

 

But I am not sure if I should I write to them about CCA default and the interest they have charged me this month and all the months since they defaulted my account or just leave them be until they commit an offence under the CCA :-?

 

Please point me in the right direction.


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Received my monthly statement from Amex today.

 

They have paid my £10 S.A.R - (Subject Access Request) fee and £1 CCA fee in to my account despite me telling them not to in the case of the CCA fee.

 

The are well over their 12 days for CCA default and will commit an offence on the 4th of July. How poignant for an American firm :)

 

They have also added interest on the outstanding balance as normal this month.

 

I understand that my S.A.R - (Subject Access Request) letter, and possibly my CCA letter, put the account in dispute and they should not add interest, but I also seem to remember reading somewhere that they should not have been adding interest since they issued a default.

 

Is this correct and should I claim back all interest I have paid them since the date of the default?

 

I have what I guess they'll argue is my full S.A.R - (Subject Access Request) disclosure now and am ready to send my premlim for the charges.

 

But I am not sure if I should I write to them about CCA default and the interest they have charged me this month and all the months since they defaulted my account or just leave them be until they commit an offence under the CCA :-?

 

Please point me in the right direction.

 

 

Can't see anywhere in the relevant legislation where it says you have to - so I won't after all they are the professionals with large teams of to[ lawyers looking after their interests and we're just pondlife to them.........who are we to tell our betters what they have been remiss in doing .................:D :D


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Received a letter today in reply to mine in Post #42.

 

Dear Alphageek,

 

Further to your letter 14th June please note we have and will not in the future be submitting any data regarding you or your account to a third party. Bearing that in mind you should not have any cause for concern nor any issues with us regarding the matters referred to.

 

Whilst the data / information we have are details of the history of this account since we were instructed to deal with you I am sure you will appreciate this is necessary for reference purposes.

 

According to our records you have defaulted on the agreed method of repayment and your letter makes no mention of the reasons for that.

 

We appreciate you have been a regular payer for a considerable period of time and therefore we would be pleased to discuss a new monthly payment arrangement should you be struggling with the £x per month that you have previously been paying.

 

Please telephone us or write with you proposals but ensure we have them during the next 7 days.

 

Yours sincerely,

 

So, I am now going to report them to the Information Commissioner as I said I would but I understand this is likely to take a long time to process.

 

Are there any guidelines on sending an LBA and (if ignored) starting a court claim to stop firms processing data where they have no consent to do so.

 

I have seen the templates for non-compliance of a SAR, but this situation is a little different.


The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Received a letter today in reply to mine in Post #42.

 

 

 

So, I am now going to report them to the Information Commissioner as I said I would but I understand this is likely to take a long time to process.

 

Are there any guidelines on sending an LBA and (if ignored) starting a court claim to stop firms processing data where they have no consent to do so.

 

I have seen the templates for non-compliance of a S.A.R - (Subject Access Request), but this situation is a little different.

 

If they have added interest to your account while in default then you could issue a claim for arefund of the interest and ask for an order under the Data Protection Act at the same time.


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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I don't think the DCA has added interest. Their "fees" perhaps.

 

Amex have been adding interest every month as normal since they defaulted me. :-x


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Oops, forgot to say "so I will have to deal with them separately I guess?"


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