Another Reston's thread

**charitynjw** · 19th May 2017, 12:56:PM

Re: Another Reston's thread

They have given me until 29/05 to respond to either a installment plan or a short settlement.

Or what.....?

**fidelandche** · 19th May 2017, 13:32:PM

Re: Another Reston's thread

Hi charitynjw, thanks for the reply. Well the letter states " failure to contact us by 29/05 could result in further action, which may include the issue of a county court claim for the full balance due, plus fees and costs".

Going through the letter, it appears they are looking for an installment plan or a settlement.

**warwick65** · 19th May 2017, 13:47:PM

Re: Another Reston's thread

Hi
So the letter is not at this point a letter before action - or so it seems from what you have said. I am assuming there is no mention of Letter before action (LBA) or letter of claim or similar.

Can I ask, when was the account opened, when did you stop paying , when was it defaulted and when was it sold to Arrow. I care not why you stopped paying, we all have our own good reasons. What I care about is that no one gets bullied by these people or forced into anything which isn't right.

**fidelandche** · 19th May 2017, 13:56:PM

Re: Another Reston's thread

Hi warrick65, thanks for the reply.

There is nothing in the letter which states this is a letter before action or anything similar either mentioned.

Unfortunately I am unable to remember when the account was opened/stopped paying or when I defaulted or when the account was sold to Arrow.

I understand this is not much help, so any ideas on how I find this information without contacting Restons?

**charitynjw** · 19th May 2017, 14:23:PM

Re: Another Reston's thread

Is this card via NewDay Ltd?
SAR them. (Or if not them, SAR whoever was the original creditor.)

**fidelandche** · 19th May 2017, 14:25:PM

Re: Another Reston's thread

Hi,

Yes it was a card from NewDay Ltd, have you got a link for the SAR please.

**fidelandche** · 19th May 2017, 14:37:PM

Re: Another Reston's thread

Just had a look at the templates for a SAR and not sure on which one to send, as there is http://www.legalbeagles.info/forums/...953#post466953 or this http://www.legalbeagles.info/forums/...953#post466953

Also do I have to send off the SAR with a £10 fee?

**charitynjw** · 19th May 2017, 14:44:PM

Re: Another Reston's thread

Both your links are for the same thread/post.
We often suggest this one -
http://legalbeagles.info/forums/show...quest-template
& yes to £10.....you don't have to send it with the request, but it may hold up the process if you don't.

**fidelandche** · 19th May 2017, 14:46:PM

Re: Another Reston's thread

Ok, do I need to inform Reston's of this request? Or at this point do they not need to know?

- - - Updated - - -

I did see that template, but not sure on what information I need to put in it to get what I need from them.

**fidelandche** · 19th May 2017, 14:52:PM

Re: Another Reston's thread

Just had a look at my credit score and it states that the account was opened in February 2014 and the default was registered in July 2015, so with this information, do I still need a SAR?

**charitynjw** · 19th May 2017, 14:53:PM

Re: Another Reston's thread

Originally posted by fidelandche View Post

Ok, do I need to inform Reston's of this request?
No
Or at this point do they not need to know?
Correct

- - - Updated - - -

I did see that template, but not sure on what information I need to put in it to get what I need from them.
They are obliged to send all data held on the Data Subject. (Living Subject, to be precise).
You can, if desired, narrow the parameters. (Ie, to a particular account, etc.)

####

**fidelandche** · 19th May 2017, 15:17:PM

Re: Another Reston's thread

Is this OK?

Dear Sir/Madam

Subject Access Request.

Re account: xxxxxxxxxxxxxxxxx
Card Type: xxxx xxxxx
Name on card: xxxxxxxx
Address of account holder: xxxxxxxxxxxxxxxxxxxxxxxx

Please supply the information about me which I am entitled to under the Data Protection Act 1998, relating to account number xxxxxxxxxxxxxxx.

Please supply all data that your company holds relating to my entire account history. Whilst not exhaustive, for the avoidance of doubt I list below what I require:
o Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include account no. [XXXX]
o Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.
o Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
o Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
o Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
o Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
o Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
o Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
o If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Please be aware that the Data Protection Act 1998 clearly states that all information held must be disclosed and there is no correlation to the Limitation Act 1980 whatsoever. This request therefore lawfully includes any and all data which is older than six years. If you do not hold any data older than 6 years, then I require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper disposal.
All data - including data held on a microfiche or similar systems - must be provided within 40 days, and if you require a fee for this, then I enclose the maximum statutory fee of £10.00 – which must not be used for any other purpose. If you choose to waive all or part of the fee, then please be aware that you will still have a legal obligation to comply with this request. I thank you in anticipation of a prompt and full response and compliance.

Yours faithfully,

Enclosed £10 postal order fee.

**charitynjw** · 19th May 2017, 15:33:PM

Re: Another Reston's thread

That should do it.

I hope for your sake you haven't got half a dozen different accounts with them.

- - - Updated - - -

To whom are you going to send it?

**warwick65** · 19th May 2017, 15:33:PM

Re: Another Reston's thread

Hi
It looks comprehensive to me

I would add spaces between each request to make it easier to read . Personally I like double or 1.5 line spacing

Another Reston's thread