newlyn

[dontknow]

Re: newlyn

Hi now just wondering when I get the info back and it shows that they have made charges for this that and the other, that they shouldn't have made, what am I looking for to happen?

On the face of it just having illegal charges removed does not seem adequate, I mean that allows the sods to just get away with it where they can, puts me in the position that I would have been in had a fictitious DCA and Bailiff who played by the rules had the account given to them. What justice is in that???

[dontknow]

Re: newlyn

will send the sar tue as I can get down the PO then goes like this any thing I should add?

Data protection Act 1998 Subject Access Request

on the 18-01-2010 and again on the 26-01-2010 we wrote to you requesting a full statement of the account for clarity's sake I quote the contents of the letter dated 26-01-2010:-

““Looking through our account ref no xxxxxxxx I am concerned about the amount you are claiming we owe so could you please supply by return a full statement of the account and any charges you have applied to it.” [letter dated 18-01-2010]

You in response sent a statement of amount outstanding, this is wholly unacceptable what we require is a full breakdown of the account including any and all charges that you have applied to the account properly itemised, we are entitled to have this and expect that you supply it by return.

Further we both have a long standing history of depression and a feeling increasingly harassed by the actions of your bailiffs in this matter and ask that this information be supplied to us prior to any more action being taken by yourselves.”

We fail to see why this reasonable request for something we are entitled to has not been adhered to, as such we now feel compiled to put in a formal SAR request under the DPA.


Accordingly , kindly provide full and complete copies of any and all data you hold which relates to us and our entire history with your company. We have enclosed the statutory maximum £10.

For the avoidance of doubt take note that the enclosed postal order is payment for the fee relating to our our subject access request and not payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process our request then kindly return the postal order.

For your convenience we have detailed a list of what we require, although this is not an exhaustive list by any means and is just an example of some of the information we require with regard to any accounts we have had or may still have with your company.

1.computer screen notes relating to the conduct of the account
2.computer screen notes relating to transactions that have gone through our accounts
3.internal messages or notes relating to conduct of our accounts
4.Internal messages or notes relating transactions that have gone through our account
5.Recordings of any telephone conversations, wether internal or external, relating to our accounts
6.copies of any e-mails, or other electronic communications, whether internal or external, relating to our account
7.Copies of letters relating to our accounts
8.All information relating to litigation that has taken place on our account
9.A detailed statement of accounts showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item.
10.Copies of all reviews conducted relating to our accounts
11.For any cost that relates to attendance fee, kindly state the date and precise time of the attendance and the name of the certified bailiff making each attendance, with the name of the county court where the relevant bailiff obtained his or her certificate.
12.Copies of all relevant paperwork created as a result of any and all visits made to us along with details of the results of each visit.
13.Copies of any and all documentation issued to us or left at our property after each visit was made including details of the date and precise time of the vist and charges incurred; this must include the name of the bailiff who attended

We trust that the above is clear and should you have any doubt as to your obligations as data controller, then we would advise that you consult your corporate counsel.

As detailed above we have enclosed the statutory maximum fee of £10. you have 40 days in which to comply.

If their is specific information which you require in order to satisfy yourself as to our identity, please let us know by return, however please note that the above address is the one your Bailiffs have visited us at and who's conduct has caused us distress.

[Amy]

Re: newlyn

I am confused now.

Have you previously sent a full SAR or was it merely a letter requesting your charges?

[dontknow]

Re: newlyn

just letters requesting charges.

have changed the first bit in order to make it more clear.

on the 18-01-2010 and again on the 26-01-2010 we wrote to you requesting a full statement of the account for clarity's sake I quote the contents of the letter dated 26-01-2010:-

“on the 18-012010 we wrote to you requesting a full statement of the account for clarity's sake I quote the contents:-


“Looking through our account ref no xxxxxxx I am concerned about the amount you are claiming we owe so could you please supply by return a full statement of the account and any charges you have applied to it.”

You in response sent a statement of amount outstanding, this is wholly unacceptable what we require is a full breakdown of the account including any and all charges that you have applied to the account properly itemised, we are entitled to have this and expect that you supply it by return.

Further we both have a long standing history of depression and a feeling increasingly harassed by the actions of your bailiffs in this matter and ask that this information be supplied to us prior to any more action being taken by yourselves.”

Again we received a statement of amount outstanding, this is again unsatisfactory, we would hold that a company such as yourselves should have no problem in replying in an expedient manner to a simple written request of account details including a breakdown of charges you have added to the account. Further we understand that you have a legal obligation to supply this information on request.

[Amy]

Re: newlyn

How about a simpler approach?

Further to my letters of 18th and 26th January requesting a full breakdown of charges applied to my account which thus far have only produced a woefully inadequate reply consisting of a statement of the amount you deem outstanding, I am now furnishing you with a full Subject Access Request.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum fee of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

Yours faithfully


(Your Name)

cc. (Your local authority)

[dontknow]

Re: newlyn

thanks that is better
------------------------------- merged -------------------------------
thanks that is better

will get that sent on tuesday and go down the council office and pay them some dosh at the same time as I give them their copy

[dontknow]

Re: newlyn

just updating, the letter has been sent RD with a postal order
have gone down the council and given them a copy, while there I paid some cash to the account (they accepted this as a one of payment ) suppose they will just have to accept another few until they give me a payment card.

[dontknow]

Re: newlyn

update day after posting the SAR got a phone call from Newlyn saying that they would continue enforcement action, same old same old, we can charge you upto £100 for sending a van round, this does seem wrong to me as according to the sheet from the council they can charge £24.50 for the first visit £18 for the next, the charge for a van is reasonable but bracketed is (where a levy is performed or some such, so I take it they cant just send a bailiff and his mate in a van and charge a hundred pound here there and everywhere can they?

[Amy]

Re: newlyn

They can only send a van if there is a levy in place, which there is not, so they are lying (again).

If they had a levy then the associated costs for sending a van must be "reasonable." £100 for van hire is not reasonable when you can hire one for around £35 for the day.

What is more is that when the bailiffs do send a van they will not only visit one property so it is simply not reasonable to charge each and every debter £100.

[dontknow]

Re: newlyn

and this lie will of course show on the SAR

now when I get the return what can I do?

was thinking need to go through and identify the lies, in a sense I consider this fraud both civil and criminal can I report them to the police?

or is this a purely civil matter?

they have by putting these illegal charges on my accont gained at both my and the councils expense after all.

[Amy]

Re: newlyn

It is fraud and it is a criminal matter. You can and should report them for it. Have a read of this link and post #5 details what you need to do Rossendales Bailiff - Legal Beagles

Once you have the SAR and it shows these "fees" and should you decided to do as detailed in the above link, then you must be prepared to see it through to the conclusion.

[dontknow]

Re: newlyn

oncoures with my reading of the act (fraud Act 2006)

now yes this is brand spanking new law and with regard to ombudsman thingy I agree, but surly crime is a matter for the police in the first instance

"The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

this is exactly what they have done

One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

this would sem to apply however is it really neccassery surly raising a police complaint re the actual balieff would be the first step why (although it would be nice go for the company)

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

the only real area I can influence here ios the likelyhood of a successfull outcome so best get to it

So suppose at some time in the not to distant future I should be putting a case together and forwarding to the chief constable ?

[dontknow]

Re: newlyn

moving on I have two years of council tax with these sods

this years and last years, we have been paying them money that should have cleared last years, should I make an offer of a small monthly payment to these sods re the liability order for this years just to cover ourselves until we get things sorted, was thinking of a fiver a month?

[Amy]

Re: newlyn

The council tax will have to be paid. You can deal with the fees when the SAR comes back.

[dontknow]

Re: newlyn

OK today I received a statement following the conversation the other day, leaving the fees to one side, will deal with when I receive SAR.There Is a payment of £150 that is not on the statement.was thinking of writing back.


"On receipt of the account details as supplied in your letter of the 5-02-2010 please note that a payment for £150 is not showing on the account I enclose a copy of the transcash receipt along with the PO receipt, I trust you will adjust the account accordingly.

We are now making payments direct to the council and feel that this is a much safer method of payment, please note that we still require you to fully comply with our DSAR request of the 03-02-2010"