Court claim: Ascent Vs TRGZ2005

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Morning.
Just had a phone call from the bank asking questions regarding SAR application.
Is it true that if one was involved in a limited company under the data protection act I am not allowed access to information the bank might hold.
They say the cannot provide me with information regarding my old limited company due to data protection act.
my letter does specify
"Subject Access Request – S.7 Data Protection Act 1998


Under the Data Protection Act 1998, and including the right of subject access under this Act, I hereby request that you supply me with all historical data in your possession which, in any way relates to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, copies of stored telephone conversations, internal and external emails and any other information held on all types of media in any relevant filing system.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, a true copy of the Terms and conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request."

I thought it was clear.
Anybody got anything at all please.
Thanks as always.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Hi Trgz,
Yes the Subject Access Request is for data Personal to the Data Subject only.
Any document containing information that is capable of identifying another party
cannot be divulged.

Credit agreements are mainly made up of terms and conditions, which are regarded as generic, this is why many creditors decline to provide them with a SAR some will provide the application/signature page. There is NO specific obligation to supply an agreement with a SAR although the ICO told me in a letter a couple of years ago that " we although we might expect and agreement to be supplied (with a SAR) there is no specific requirement to do so within (the Data Protection ) act 1998.

The costs/damages if they are those that are generic ( used in all agreements of a "type") may not be provided the DPA SAR is for Personal Data Only, so unless such charges etc. have been expressed in a letter addressed to you personal at some point and the creditor has a file copy to hand it's highly unlikely to provide such data.

nem

[FlamingParrot]

Re: Court claim: Ascent Vs TRGZ2005

Morning.
Just had a phone call from the bank asking questions regarding SAR application.
Is it true that if one was involved in a limited company under the data protection act I am not allowed access to information the bank might hold.
They say the cannot provide me with information regarding my old limited company due to data protection act.

Are you trying to obtain data for an account that was in the name of a limited company? Under the right of subject access, you are entitled to your own data as an individual but not to anything that may relate to other people (such as company data).

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Replied to your PM Trgz.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Afternoon,
Thanks to both [MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION] for correspondence today.
In regard to SAR it might help possibly anyone in a similar position;
After speaking to FCA and ICO regarding this matter.
There is nothing stopping the bank in my case disclosing the information to me regarding ltd company HOWEVER there is nothing compelling the bank to reveal the information I seek.
ICO tell me a court order will be the only way to obtain information should bank not wish to disclose.
Has anyone any advice in regard to drafting a communication to the court to see if this is viable?
Thanks once again.
Kind regards.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Afternoon,
Thanks to both @nemesis45 and @FlamingParrot for correspondence today.
In regard to SAR it might help possibly anyone in a similar position;
After speaking to FCA and ICO regarding this matter.
There is nothing stopping the bank in my case disclosing the information to me regarding ltd company HOWEVER there is nothing compelling the bank to reveal the information I seek.
ICO tell me a court order will be the only way to obtain information should bank not wish to disclose.
Has anyone any advice in regard to drafting a communication to the court to see if this is viable?
Thanks once again.
Kind regards.

Hi Trgz,

The first step is to write to the bank requesting the specific information your require and informing them that if
the bank decides not to meet your request you will proceed to court to get an order for disclosure of the information.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Hi Trgz,

The first step is to write to the bank requesting the specific information your require and informing them that if
the bank decides not to meet your request you will proceed to court to get an order for disclosure of the information.

nem

Morning Nem,
Hope you are well.
After speaking to ICO yesterday I had a conversation with my "case manager" at the bank and informed him of what the ICO told me and asked ever so politely if in the spirit of cooperation would they pass me the information I request.
He said he would need to speak to my "relationship manager" and any refusal would of course be explained in writing as I have already requested.
So I am going to wait and see what they say in the letter which apparently is on its way and then of course I will go down the legal route via court and will notify them in writing if they decide to with hold. As always I appreciate the support that has been shown to me by yourself and others Nem.
Many thanks.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Morning Nem,
Hope you are well.
After speaking to ICO yesterday I had a conversation with my "case manager" at the bank and informed him of what the ICO told me and asked ever so politely if in the spirit of cooperation would they pass me the information I request.
He said he would need to speak to my "relationship manager" and any refusal would of course be explained in writing as I have already requested.
So I am going to wait and see what they say in the letter which apparently is on its way and then of course I will go down the legal route via court and will notify them in writing if they decide to with hold. As always I appreciate the support that has been shown to me by yourself and others Nem.
Many thanks.

We are always happy to help Trgz,

It seems that this may get you the desired result at last,.
I was hoping that the ICO might be pro-active on this
and it's gratifying to see that it has.

Please keep us posted on developments.

Good Luck!!

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

cpr 31.14 1507.jpg

http://www.legalbeagles.info/forums/...ic-information


Hello again.
In regard to attached letter received regarding cpr request, Legal has not given me a date of when they will be looking to give me requested documentation as I requested in original letter drawn from template from above link.
"CPR 31.14 Request

On 26/06/15 I received the Claim Form in this case issued by you out of the County Court Business Centre in Northampton.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of guarantee
3 Proof of The default
4 The Formal Demand
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing If in this instance that is not forthcoming I will make the court aware of your non-compliance
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order."

Is it worth drafting a another letter of complaint stating I request dates and if not dates given and or information provided I will be looking at asking court for case stayed under non compliance? I'm not sure in asking for CPR15.5 is necessary as I already filed my defence which the court has acknowledged and 28 days is ticking on claimant.
oh one more thing in regard to contacting court as and when needed does one log in and use the mcol website? write letter? or telephone?

Thanks as always.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Hi Trgz, There is no facility for attaching documents to claims issued by the Northampton County Court Business Centre, such claims are exempt from CPR DD 16 para 7 (3).

Remember CPR 31.14 is for documents mentioned in the POC only you cannot request anything else.
You can't ask questions. Or get any further information in this was. It is specific and will be ignored or
rejected is any other documents are requested e.g. is the deed of guarantee mentioned in the POC.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

[QUOTE=nemesis45;560447]Hi Trgz, There is no facility for attaching documents to claims issued by the Northampton County Court Business Centre, such claims are exempt from CPR DD 16 para 7 (3).

Remember CPR 31.14 is for documents mentioned in the POC only you cannot request anything else.
You can't ask questions. Or get any further information in this was. It is specific and will be ignored or
rejected is any other documents are requested e.g. is the deed of guarantee mentioned in the POC.

nem[/QUOTE
COURT CLAIM.jpg

Thanks Nem,
Please find POC which I requested in SAR.
I'm just wondering if the earlier attachment can be seen as non compliance and as my SAR does ask legal to give time frames which has been swerved by legal and the fact that they had no documentation in the first place I would like as much ammunition to go to court with if I have to physically go.
Your counsel is always welcomed.
Many thanks

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Interesting Final Demand 28/08/08 claim 24/06/15 just to as save me going back through the posts when exactly was the disputed trans action made.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Interesting Final Demand 28/08/08 claim 24/06/15 just to as save me going back through the posts when exactly was the disputed trans action made.

nem

Final payment and or acknowledgement of debt by principal customer (ltd company ) Dec 2007
Formal demand notice by bank as per evidence from bank 26th June 2008
27th August bank issues call up notice letter and claims sent to myself as per banks evidence.
September 2012 Bank takes bank personal defaulted account being paid back (£50.00 per month as per third party) after being sold to third party agent balance adjusts account - £27.94 on account gives account back to third party (personal default loan created before ltd company born. Personal loan is defaulted as per business account is in default separate entities) this is done unbeknown to myself and on it's own volition and which is never agreed or actioned by me or authorised or I'm not even told by the bank what they have done.
June 2013 personal loan paid off and satisfied with third party.
20th April 2014 bank sends letter right of send off for £22.06 from paid off and defaulted personal account into defaulted business account. Bank Claims not statue barred. Using powers of bank right of set off. 17th May Admits liability in delay due to system error and undue stress causedoffer compensation cheque which is never cashed or acknowledged.
June 2015 Legal issues POC at Northampton after letter informing debt is statute barred (sect 5,29,30,limitations act)
Legal claim in POC formal demand made in Aug 2008 which contradicts banks evidence as regard CPR request Legal claims it needs to get requested info from bank which makes me think it has taken a flyer. Bank is resisting SAR request.
Hope that helps Nem.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Final payment and or acknowledgement of debt by principal customer (ltd company ) Dec 2007
Formal demand notice by bank as per evidence from bank 26th June 2008
27th August bank issues call up notice letter and claims sent to myself as per banks evidence.
September 2012 Bank takes bank personal defaulted account being paid back (£50.00 per month as per third party) after being sold to third party agent balance adjusts account - £27.94 on account gives account back to third party (personal default loan created before ltd company born. Personal loan is defaulted as per business account is in default separate entities) this is done unbeknown to myself and on it's own volition and which is never agreed or actioned by me or authorised or I'm not even told by the bank what they have done.
June 2013 personal loan paid off and satisfied with third party.
20th April 2014 bank sends letter right of send off for £22.06 from paid off and defaulted personal account into defaulted business account. Bank Claims not statue barred. Using powers of bank right of set off. 17th May Admits liability in delay due to system error and undue stress causedoffer compensation cheque which is never cashed or acknowledged.
June 2015 Legal issues POC at Northampton after letter informing debt is statute barred (sect 5,29,30,limitations act)
Legal claim in POC formal demand made in Aug 2008 which contradicts banks evidence as regard CPR request Legal claims it needs to get requested info from bank which makes me think it has taken a flyer. Bank is resisting SAR request.
Hope that helps Nem.

It does I 've read over everything and my conclusion is that the debt is SB the offsetting private/business in some of £22.06 appears to me to be a deliberate may even be vexatious move by the bank I can see no other logical reason for this to happen.

I'm very used to breaking down involved and confusing cases like this and can't reach any other conclusion.

If I can find time I will try to break this down but at the moment demand elsewhere are also pressing.

Lets see the response to the ICO's comments.
nem

[jon1965]

Re: Court claim: Ascent Vs TRGZ2005

I have read the thread and the only thing that worries me is that the loan was a secured loan and as such the limitations period is 12 years if I have that correct