Missing details on S.A.R from...

[sosumi]

We requested an S.A.R - (Subject Access Request) with £10 a few days ago. We also enclosed a very assertive letter, which set out our intentions and requirements - ie. that we feel so strongly about the actions of Debt Collection Agencies that we intend to follow up our complaints to the authorities.

 

We received the S.A.R - (Subject Access Request) reply yesterday. While there are a list of DCA-type notes etc, there are 6 entries, each referring to a 'missing telephone export'.

One after the other. Seems like the computer was searching for something that should have been there!

 

They know our complaint will refer to the one phone conversation hubby had with them where he explained our situation but received intimidation instead. The 'conversation' was at least 5 minutes long, as I could hear him trying to get a word in edgeways, and when he came off the phone he looked absolutely drained. We changed our phone number to avoid any further contact with them!

 

That one phone call has been reduced to a sentence. Does not mention that they said he should sell the house to pay them, or that they wouldn't deal with Payplan, or what tactics they would use to extract the money we owed them.

 

They followed up that phone call with a couple more threatening letters, then a letter from their solicitors to say they'd take us to court. These solicitors letters are also missing on the S.A.R - (Subject Access Request) report.

 

We requested a CCA on the 10th June. We have not received it. This morning we had the same letter that we had in response to our first request for a CCA. That they are 'contacting their clients' and will be in touch etc, and that when they receive it, we should pay up immediately. Hmm.

 

I'm not putting their name down here because they like to read the forum!

This is just to let them know that we know what they've done. And we know that they'll read this. And therefore we will know that they know.

 

Also - does anyone else - other than 'mystery DCA' - know what we can do to get the correct information from them? They do, after all, state that their phone calls are recorded.

 

Also, this is a big hug-type note to the other people here who've had dealings with them, but had to restrain themselves from saying any more because said DCA was a bit bothered by all the complaints.

I wonder why??

[sosumi]

Hubby requested a copy of their complaints procedure a couple of weeks ago. They sent one, then they sent another yesterday, with a covering letter, asking why they hadn't received a complaint?

Reply duly sent yesterday by special delivery. They should have it now.

[2Grumpy]

Write back to them asking for the 'Telephone Extracts' that they admit are missing. They might be sound files that they haven't enclosed.

 

Don't presume anything. If it's not obvious, ask what something means. They have to tell you.

[detectall]

Subscribing

[Brassed off]

Hi Sosumi

 

Good on you for SARing the DCA. I know what it's like to be totally intimidated over the 'phone - obviously, pre CAG;) .

 

Mmmmm got me thinking now - yep, got a could of DCA's to SAR now:D Will be following your thread with interest.

 

Regards

 

Bo

[mrmarmite]

your CCA request. if it gone over 12+2+30 tell em to get stuffed they have no legal right to ask you for money under the CCA.

if you havent yet goto OFT website and download copy of DCA guidelins as sound like they breached a few ( hope dca reads this again) if bugging you for dosh make complaint to OFT, send complaint to FOS aswell so DCA ends up with min of £400 fine

[sosumi]

This was hubby's letter:

22nd August 2007

Dear Complaints Officer,

 

Thank you for your letter, ref: xxxxxxx, which I received this morning.

 

You have not yet supplied me with the full data I asked for in my Subject Access Request. Although I have received two pages of recorded notes, entitled ‘PreSue_xxxxxxx.Rpt’, there appear to be serious omissions. Most notably the contents of a telephone conversation with a member of your staff. As I have only spoken to your office on one occasion, I must assume that the one sentence reference to a phone call with me is the one recorded. I therefore wonder what happened to the rest?

 

Therefore, please note the following:

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

You have not provided me with my requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 11th June 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 16th June 2007 and subsequently committed a criminal offence after !6th July 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

Mr Sosumi

Nothing in the post from them lately!