Hello - Claim Form received from Northampton CC Business Centre

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

Please note updated information below.

1. SAR
-------

I did not send a SAR to BoS.


2. Default Notice
-------------------

This was not requested to BoS or Sols.


3. County Court
------------------

I called the Court today and they stated that the claim has been stayed since mid-Feb 2016..

Is there a reason why you didn't send a Subject Access Request to BoS?

I think you should send one now so you are better prepared to deal with a situation where Restons decide to make an application to lift the stay and 'give it a go' since you are a LIP.

Always keep in mind that what you may have been sent (or not sent) in the early stages of a claim which appears to be rubbish can always be vulnerable to a jolly good reconstituted document later on.

There can be room for improvement with an illegible document.

You've sensibility redacted or altered almost everything on that application form so no one can really tell you it doesn't comply with your CCA Request. The absence of Ts & Cs is a different issue.

Di

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=61310]diana[/MENTION]M,

Thanks very much for your posts above.

I can't remember why I didn't send a SAR. I do have very limited cashfllow, so that would certainly be my biggest factor.

If sending a SAR will help my case, then I will do it.

Shall I just send them a request for it before the deadline date and/or also include a response referring to the package/information they sent?

Kind regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

With regards to your points and post #83, especially about the DN, could that not be stated/argued in reference to the Contract in the poc?

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

especially about the DN, could that not be stated/argued in reference to the Contract in the poc?

I'm not sure I've understood your question (that's my problem not yours) but how the account started and how it ended may be two different legal issues.

Di

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Sorry.

What I mean is that even though a DN has not been mentioned in my defence, can it still be referred to as part of their taking on the contract from BoS to conduct dca duties?

Basically, can it be mentioned without having to amend my defence?

From making my call to the court last Monday, I received information where it was stated that any requests made that referred to my case would incur first ~ the stay of the claim would need to be lifted (cost £255), second ~ any additional forms sent would be with the related cost(s) on top.

Regards.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Imho, classic Carey v HSBC iredeemably unenforceable.
http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

1/Not easily readable (Copies Regulations),
http://www.johnpughschambers.co.uk/C...tions_1983.pdf s2(1)
2/ No prescribed terms (that I can see), &
3/ Pre 2007, so the original CCA 1974 s127.3 kicks in.

But I'm not an expert.
Read the above case, & google 2&3.....see what you think.

Hi [MENTION=5553]charitynjw[/MENTION],

Thanks very much for sending this information to me.
There is a lot for me to take in, as there is such a short time-frame to giving a response to the Sols and sending a SAR.

As you suggested and referenced, I googled those points.

Basically, does point 2 & 3 mean that legal terms need to be quoted to help in defending a case, and hence that applies in mine?

I probably have more questions but this one springs to mind as the first to ask.

Regards,
HS

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=61310]diana[/MENTION]M, [MENTION=55034]nemesis45[/MENTION]

I am just about to draft my response to the sols and also the SAR letter with the associated fee.

Should the SAR:

1. Be addressed to the creditor and sent by rec/del?
2. Or be addressed to the Sols by rec/del asking them to forward it to the creditor?

I also want to address the point that there was a deliberate misuse of the £1 CCA request Statutory fee, as it was applied to the account as a payment.

3. Does anyone have any templates for me to use or can point me in the right direction to the above?

4. There is a lot of information within the first link that Charity provided in post #101. Should I include some of that information in my response?

Regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi guys,

I aim to send this tomorrow.

Can you please let me know if the SAR draft below meets minimum requirements?

I welcome any feedback/amendments.


I also have the response to the Sols which may prove to bit a little trickier.

I would certainly appreciate some help with that.

Thanks in advance.

Regards,
HS

________


Address

Date

Original Creditor's Address

Title: SAR
Account number: XXXX
Ref: XXXX
Account Balance: £XK

Dear ??,

I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company.

This should include, but not be limited to all transaction lists, etc.

I ask for true copies of all information relating to the agreement, including the contract, default letters, termination letters, statements showing payments, any notes or comments attached to my account and perhaps a print screen (if possible) of the account overview e.g. when the contract started and when it was terminated.

This request should include any Data held for more than 6 years as under the Data Protection Act 1998. There is no time limit for information requested.

If you do not hold Data for a period longer than 6 years, I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

I enclose the statutory maximum fee of a £10 postal order.

Please note that this fee is to be used for reasonable costs only for my request and should not be applied or credited to the account number stated above.

You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

Please note that the above address is the one registered with your organisation.


Yours faithfully,

Signature

Print Signature

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

The SAR is fine.

It would be a best to supply a list of previous addresses if you have moves at anytime whilst a customer of the creditor and a utility bill or similar in your name and current address as they may well come back and ask for such details thus delaying the request.

nem

[charitynjw]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @dianaM, @nemesis45

I am just about to draft my response to the sols and also the SAR letter with the associated fee.

Should the SAR:

1. Be addressed to the creditor and sent by rec/del?
2. Or be addressed to the Sols by rec/del asking them to forward it to the creditor?
Regards,
HS.

SAR to the original creditor, BoS (Now Halifax??)
No reason to mention this to the Claimant or their sols, it's nothing to do with them.
If it were me, I'd send via SignedFor post.
& in this instance, no problem with signing the request, as they already have your signature.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Address the SAR To: The Data Controller at the creditors HO.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

The SAR is fine.

It would be a best to supply a list of previous addresses if you have moves at anytime whilst a customer of the creditor and a utility bill or similar in your name and current address as they may well come back and ask for such details thus delaying the request.

nem

Thanks very much.
My address is still the same.
Is this normal practice now for them to request a utility bill?

Rgds.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Thanks very much.
My address is still the same.
Is this normal practice now for them to request a utility bill?

Rgds.

As the creditor is likely to be supplying a considerable amount of confidential financial data they must be sure it gets to the right person

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

SAR to the original creditor, BoS (Now Halifax??)
No reason to mention this to the Claimant or their sols, it's nothing to do with them.
If it were me, I'd send via SignedFor post.
& in this instance, no problem with signing the request, as they already have your signature.

If they are now Halifax, do I still use the same address that I know about?
Okay, happy to not inform the sols.

Thank you.

- - - Updated - - -

As the creditor is likely to be supplying a considerable amount of confidential financial data they must be sure it gets to the right person

nem

Okay. That makes sense. Will do!

[charitynjw]

Re: Hello - Claim Form received from Northampton CC Business Centre

https://ico.org.uk/ESDWebPages/Entry/Z7828948