Letter needed for Black Horse

[Dispirited]

Hi, my son is being chased by Black Horse and other DCAs. They all persist in leaving messages on my telephone or with me, in spite of the fact that for months he's repeatedly asked them not to and to ring him on his mobile. Some have complied, but Black Horse have phoned yet again and left a message, stating who they are and who they want to speak to. Is there a strongly worded letter he can send regarding data protection issues? Many thanks.

[louiboy]

Something like this one. If you look for telephone harassment in the forum there are a few others. Also have a look at sending a request for the original agreements. Statutory request Consumer Credit Act 1974. Section 77-79 £1 fee. Data Protection Act 1998 - Subject Access Requests £10 fee.

 

Have a read through here. [/url]Black Horse outside now

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

[Dispirited]

Thanks for that louiboy. The call frequency isn't too bad, what I was really wondering about was how to stop BH giving information to all and sundry, despite repeated requests not to. The phone is mine, in my name. My son lives in another part of the house, he had his own landline. Then he had that disconnected and went to mobile instead. Somehow BH discovered my phone number and began ringing me to leave messages for my son, and in the process they reveal more information than they legally ought to. Other DCAs guilty as well.

 

Also, thanks for the link to your Black Horse thread. Wow. My head was swirling just reading it! Such a lot to take in, but very well done. You played a blinder.

[louiboy]

Just adapt the harassment letter to fit your needs. Add a line that they have 14 days to confirm in writing your phone number is removed from the database. If they don't comply report then to Trading Standards and the Information commissioners Office. Black Horse have already attracted the attention of the Office of Fair Trade.

 

Here's a letter to stop processing your information under s10 and 12 Data Protection Act 1998.

 

Statutory Notice pursuant to Sections 10 and 12

Data Protection Act 1998

 

 

Data Subject Notice

 

 

 

 

The Data Controller

Black Horse Limited

Compliance & Admin

116 Cockfosters Road

Barnet

EN4 0DY

 

Data Subject: Name

 

Address: xxxxxxxx xxxxxx x x xxxx

 

Recently it has been brought to my attention that Black Horse Ltd have been processing and passing my personal information to third parties. I have never provided consent (written or implied) to Black Horse Ltd to process any personal information or data. At no time have I consented to the processing of that data in a manner which would be unfair or inaccurate or which would in any way would breach the Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one 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 and insofar as the said data relates wholly or in part to the implementation by you of alleged contractual breaches or breaches contrary to Common Law.

 

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 reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

 

Mr xxxxxxx

 

Dated this xxth day of xxxxxxxx in the year two thousand and seven

I should have finished with Black Horse properly in 1999. Made an offer to settle the account and they never responded. 7 years later they reappeared. This time I intent to make sure that business is finished permanently.

[Dispirited]

Thanks again louiboy, much appreciated. It's just what I need.

[Dispirited]

I found this very useful piece of information in louiboy's thread, which was posted by sparkie 1723...

 

Lloyds Tsb bought Chartered Trust in Dec 2000, They then set up Black Horse Ltd who the registered with Companies House in July 2001 and "took over " all Chartered Trusts business thats quite legal, but what they didn't do was register with the Information Commissioners Office as a Data Processor, they used Charted trusts registration BUT thats Illegal and a crimainal offence under the Data Protection Act licenses are NOT transferrable. They used this license until Sept 2001 and the they registered as Black Horse Ltd to process data BUT they gave the wrong office address so they were registerd incorrectly and did not notify the Information Commissioners Office of the change until Nov 2006. again an offence under the Data Protection Act failing to notify changes within 28 days of the change.

They are at Last registered correctly but any data they passed about anyone until 2006 has been unlawfully supplied and claims can be made against Black Horse for unblawfully supplying data and that includes Credit Reference agencies. Any one who has had a default registered by Black Horse during this time can write to the Agencises and Demend they remove them and give them these reasons demand it under section 10 of the Data Protection Act.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/47286-black-horse-me-outside-2.html

------------------------

 

My son's loan with them began in about '98-'99. How can he use this information to his advantage? I'm already going to CCA them on son's behalf, can I drop an extra little nugget into the letter?

[Dispirited]

I found this very useful piece of information in louiboy's thread, which was posted by sparkie 1723...

 

Lloyds Tsb bought Chartered Trust in Dec 2000, They then set up Black Horse Ltd who the registered with Companies House in July 2001 and "took over " all Chartered Trusts business thats quite legal, but what they didn't do was register with the Information Commissioners Office as a Data Processor, they used Charted trusts registration BUT thats Illegal and a crimainal offence under the Data Protection Act licenses are NOT transferrable. They used this license until Sept 2001 and the they registered as Black Horse Ltd to process data BUT they gave the wrong office address so they were registerd incorrectly and did not notify the Information Commissioners Office of the change until Nov 2006. again an offence under the Data Protection Act failing to notify changes within 28 days of the change.

 

They are at Last registered correctly but any data they passed about anyone until 2006 has been unlawfully supplied and claims can be made against Black Horse for unblawfully supplying data and that includes Credit Reference agencies. Any one who has had a default registered by Black Horse during this time can write to the Agencises and Demend they remove them and give them these reasons demand it under section 10 of the Data Protection Act.

 

Black Horse and Me outside now.

---------------------------------

---------------------------------

 

My son's loan with them began in about '98-'99. How can he use this information to his advantage? I'm going to CCA them on son's behalf, can I drop an extra little nugget into the letter?

[Curlyben]

For the moment stick with the standard CCA/SAR and see what it turns up.

 

I assume you have read the whole of Louiboy's thread as there is some excellent information there.

[Dispirited]

Hi CB, thanks for that, I will. Yes I did read louiboy's whole thread and was astounded. Felt stressed just reading it, my head was reeling! But he did good, hats off to him.

[Dispirited]

Son CCAd Black Horse and received a copy of his credit agreement this morning, which I expected as the loan was a fairly recent one.

 

But, he has been a customer of theirs for some years so could somebody just confirm that the next step is an SAR request to find out about charges? Cheers.

[elliejay39]

Thats right. This should give him information on all accounts he has had over the years.

[Dispirited]

My son sent an S.A.R - (Subject Access Request) to Black Horse in July, requesting a complete list of transactions and charges relating to his loan history with them ( approx. 8 years?) . They have now replied -

 

'We have recently received a number of letters all worded exactly the same as that received from you, where the prime purpose behind requesting a copy of the information we hold seems to be to dispute the additional charges applied to an account.

 

We are aware of the recent instruction from OFT in relation to additional charges incurred through late, missed or unpaid payments, however, this instruction relates only to charges incurred against credit card agreement debts. As our agreement with you is not such an agreement, the instruction from OFT does not apply.

 

If the purpose of your request is to dispute additional charges incurred, whilst we are happy to provide a copy of the information we hold, the production of such information will not serve any real purpose in detailing when and why the additional charges have been incurred.

 

In order to show the transactions against your account, I have arranged for a statement to be sent to you. Whilst the statement will show repayments received, it will not show the additional charges incurred, unless your agreement with us is complete or charges have been paid previously in which case these will be shown as debits on the statement.

 

(* *Here they list several collection activity fees that have been incurred recently but which haven't yet been debited to the account.)

 

(Letter continues...)

 

I have also returned your £10 as there is no fee for this information and statement. If however when you receive the statement you still requite a copy of all the information we hold, please return the £10 to us and we will arrange for this to be sent to you.

 

I hope the statement and breakdown of additional charges is of assistance and satisfies your query.

 

END

--

 

 

Well, of course it doesn't satisfy his query, so back will go the £10 but can anybody help me with a written response?

 

Can he rightfully request a breakdown of charges going back over several years? Any advice gratefully received.

[Dispirited]

I've just found a very similar thread, with some excellent advice. Here's the link: http://www.consumeractiongroup.co.uk/forum/general-debt/110068-black-horse-their-usual.html#post1080801

[drob]

Blackhorse..... what a nightmare!!! check out my post and see if any of the information helps

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/109119-me-blackhorse-help.html

[Dispirited]

Thank you drob, will do.

[Dispirited]

Update. I sent an S.A.R - (Subject Access Request) in July, got a reply from them questiong why I wanted the information. (See above.) I then sent a 2nd SAR:

 

Dear BH

I sent a letter in July and enclosed a £10 postal order for a Subject Access Request, as is my right under the Data Protection Act.

 

I have been waiting for you to supply me with a complete list of transactions and charges relating to my loan history with your organisation, within the 40 days stipulated under the Data Protection Act. It is your legal obligation to comply with this request, butas yet I have not received the requested information.

 

By not supplying the information I requested you are breaching my rights under the Data Protection Act, section 5.

 

This is my second request. Please supply me with a complete list of transactions and charges relating to my loan history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. I again enclose the £10 fee.

 

If I do not receive the requested information within the next seven days, I will forward copies of my requests to the Information Commissioner. Please note, failure to comply will cause you to be in breach of the Sixth Data Protection Principle and liable to compensation to myself, together with a fine of up to £5000.

 

Any further protractions on your part in this matter and a formal request to the Data Protection Supervisor will be made to undertake an assessment of the information you have on my behalf.

 

Please find enclosed a copy of my original letter.

 

---------------------

 

They haven't responded to the SAR, but they did write and say 'thank you for requesting a settlement figure and a copy of your statement.....'

 

 

Very frustrating, this is the 2nd time they've responded like this.

 

What would my next step be? All advice gratefully received. Thanks!

[oneofakind]

Not much you can do until their 40 days is up. If your request has not been satisfied by then, then you can report their breach to the Information Commissioner's Office.

 

[mrmarmite]

do wat i did with barclay card, take them to court and chuck £30 on for your costs and waisted time.

 

they soon came up with the S.A.R

[livelylad]

Threads merged.

[Dispirited]

Update. BH are so tedious. Got another letter from them at beginning of Sept enclosing a load of screenshots etc. It is quite evident they are being pedantic and write 'I take it you want a full Data SAR?

 

As I had already headed my previous letters 'Data Protection Act 1998

Subject Access Request' I couldn't really put it any plainer.

 

So a 3rd attempt will be going in the post this weekend. Meanwhile, my son has since been notified that they have served a default notice on him.

 

Can he request its removal whilst all this hassle is going on?

[Dispirited]

Bump, anybody?