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Hoist Portfolio Holding 2 LTD vs funkyshaper

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  • #16
    Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

    Originally posted by funkyshaper View Post
    Hi FlamingParrot,

    Thank you for your response.

    Sorry if I sound silly but what is a SAR exactly and could you recommend how I should get started on submitting one
    It sounds like a good way to shut things down, hopefully these case will be thrown out anyway as it seems like they have very little documentation to go on with no date on the particulars and no documents received my end.
    A SAR is a Subject Access Request, i.e. a request under the Data Protection Act 1998.

    You need to send the letter below with £10 which is the statutory maximum fee. Send it recorded delivery so you can track it. :typing:
    Dear Sirs

    Ref: xxxxxxx

    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.

    Yours faithfully,

    Originally posted by funkyshaper View Post
    Anything that could help put this to bed is of course welcome!

    It would be nice to see the original agreement just so I have some idea, I believed I applied online but have haven't got any paperwork!

    Thanks again
    They should send you a copy with the SAR. :thumb:

    Comment


    • #17
      Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

      Please be aware there is no specific obligation to supply a copy of an agreement with a SAR

      The ICO has said that it might expect the agreement to be supplied there is no obligation to do so.
      Reasoning agreements consist of generic data.
      Some creditors will supply but many will not do so without explanation.

      nem

      Comment


      • #18
        Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

        Hello fellow Beagles,

        It has been a long time since I have posted here but to be fair I haven't received any further information since my last post!

        On Tuesday this week, 03/05/16 I received a letter from the court that my case was being allocated to the small claims track. It has came as a surprise as I haven't heard anything from the court or the claimant/solicitors since I sent off the CCA/CPR requests and submitted my defence on 05/07/15.

        Well I've only just looked at the questionnaire today and noticed that it has to be returned by the 9th May, not a lot of time between receiving and sending back I might add!

        I have attached both sides of the application notice I received that states they are trying to lift the stay on the case and that supposedly Hoist sent me the documents requested back on the 23rd November but I have never received such documents.

        Any advice would be appreciated as there is not a lot of time to send the questionnaire back.

        Many thanks
        Attached Files

        Comment


        • #19
          Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

          Hello again.

          Did Cohen send the requested documents?

          nem

          Comment


          • #20
            Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

            Hi nem,

            Long time and thank you for the quick response

            I have not received any documents from either Cohen or Hoist, sorry I only mentioned Hoist as it said claimant on the order section.

            Thanks

            Comment


            • #21
              Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

              Originally posted by funkyshaper View Post
              Hi nem,

              Long time and thank you for the quick response

              I have not received any documents from either Cohen or Hoist, sorry I only mentioned Hoist as it said claimant on the order section.

              Thanks
              So they are telling the court that they have now complied with CCA/CPR requests?
              .
              I would notify the court that No such documents have been supplied and you oppose the lifting of the stay do this by returning a copy of the application with a covering letter.
              Then e-mail Cohen and tell them they have Not supplied the documents mentioned in their application.
              Dirty Tricks??

              nem

              Comment


              • #22
                Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

                Well it seems that way by the wording on the notice. Although it seems like a copy and paste job the way it states 'her defence' and then 'he has failed to reply.

                I will send a copy back and a covering letter then, see what comes of it. Should I just leave the questionnaire out of it then?

                Try to get back on it to it but thank you once again nem, lifesaver.

                Dirty tricks perhaps, I wouldn't put much past these bottom feeders

                Comment


                • #23
                  Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

                  Originally posted by funkyshaper View Post
                  Well it seems that way by the wording on the notice. Although it seems like a copy and paste job the way it states 'her defence' and then 'he has failed to reply.

                  I will send a copy back and a covering letter then, see what comes of it. Should I just leave the questionnaire out of it then?

                  Try to get back on it to it but thank you once again nem, lifesaver.

                  Dirty tricks perhaps, I wouldn't put much past these bottom feeders
                  Send a copy of all of the notice just for clarity.

                  nem

                  Comment


                  • #24
                    Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

                    Hi funkyshaper

                    Did you SAR Sant?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

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