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I had some brilliant responses to my previous thread, asking the forum whether some DCAs can send on purpose letters of claim to the old address and play ignorance so to gain CCJ on a trick. Again my thanks will go to @Diana M @warwick65 @EXC for providing responses. Of course I will still invite some VIPs to contribute to this thread as well if they can ( @Amethyst @charitynjw @MIKE770 @Debt_Camel ) and of course any forum members. Thank you all in advance.
Very quick summary of the situation:
> Noticed DCAs mark on my credit file for a default with on of the high street banks approximately 5 years ago for a credit card.
> This was for a credit account that started in 2003.
> This DCA has my old address they logged for my credit file.
> I am at my current address for approximately 5 years now and am on Electoral Roll and have had some bank accounts opened in the mean time so my current address is well referenced in the credit file.
To avoid any "potential" hassle with the DCA trying to obtain a CCJ by serving documents to the old address and thus forcing me to then look to "set aside" and start the process with them, I thought of being proactive at this stage and ultimately approaching the DCA in question with a CCA request.
Before doing that though, I thought it might be wise to approach the original creditor (the bank) and submit a SAR to them for info and see what they hold on me.
Is that the smart way to approach?
If I request SAR from the bank, will they communicate that to the DCA in question?
(I think they sold this alleged debt a while back as the original creditor, bank, is not on my credit file only DCA)
Are there any negatives to me approaching this bank for a SAR that I should be aware of?
I will post in the reply to this thread, so next post, a copy of the proposed SAR I was thinking of sending.
Could you please comment and let me know if it is constructed validly?
And also, as I will write in the SAR if they need a fee to contact me, let me know is it better to just send them the £10 and say if you need a fee then cash this, but only use for the purpose of this specific Subject Access Request and nothing else?
Thank you all for your time and responses in advance.
Merry Christmas and a Happy New Year to all
- - - Updated - - -
This is the proposed SAR I would send (completing the missing address info:
My Current Address
The date
Name and address of the organisation
Dear Sir or Madam
Subject Access Request ( Data Protection Act 1998 )
[Your full name and address and any other details to help identify you and the information you want.]
[My Full Name, Full Previous Address they have logged on the CRA]
Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to all of the accounts I have held with your organisation. Please include, but do not restrict the information to, the following:
· Signed true copies of any and all agreements with your organisation for any and all accounts, both credit and current accounts
· Any letters sent to me
· Transaction lists
· Screen notes
· Any information about myself or any of my accounts passed to third parties
If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk
Yours faithfully
[Signature]
Very quick summary of the situation:
> Noticed DCAs mark on my credit file for a default with on of the high street banks approximately 5 years ago for a credit card.
> This was for a credit account that started in 2003.
> This DCA has my old address they logged for my credit file.
> I am at my current address for approximately 5 years now and am on Electoral Roll and have had some bank accounts opened in the mean time so my current address is well referenced in the credit file.
To avoid any "potential" hassle with the DCA trying to obtain a CCJ by serving documents to the old address and thus forcing me to then look to "set aside" and start the process with them, I thought of being proactive at this stage and ultimately approaching the DCA in question with a CCA request.
Before doing that though, I thought it might be wise to approach the original creditor (the bank) and submit a SAR to them for info and see what they hold on me.
Is that the smart way to approach?
If I request SAR from the bank, will they communicate that to the DCA in question?
(I think they sold this alleged debt a while back as the original creditor, bank, is not on my credit file only DCA)
Are there any negatives to me approaching this bank for a SAR that I should be aware of?
I will post in the reply to this thread, so next post, a copy of the proposed SAR I was thinking of sending.
Could you please comment and let me know if it is constructed validly?
And also, as I will write in the SAR if they need a fee to contact me, let me know is it better to just send them the £10 and say if you need a fee then cash this, but only use for the purpose of this specific Subject Access Request and nothing else?
Thank you all for your time and responses in advance.
Merry Christmas and a Happy New Year to all
- - - Updated - - -
This is the proposed SAR I would send (completing the missing address info:
My Current Address
The date
Name and address of the organisation
Dear Sir or Madam
Subject Access Request ( Data Protection Act 1998 )
[Your full name and address and any other details to help identify you and the information you want.]
[My Full Name, Full Previous Address they have logged on the CRA]
Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to all of the accounts I have held with your organisation. Please include, but do not restrict the information to, the following:
· Signed true copies of any and all agreements with your organisation for any and all accounts, both credit and current accounts
· Any letters sent to me
· Transaction lists
· Screen notes
· Any information about myself or any of my accounts passed to third parties
If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk
Yours faithfully
[Signature]
