equita information request

[tonycurtains]

i have asked equita to send me details of all information they hold on me and a breakdown of charges.......basically my son got a few parking tickets while driving my car and i have ended up paying around £1200 in charges.

i sent a recorded letter to them with all the information that i require, the usual stuff, dates, times of calling on me etc.

i included a cheque for ten pounds which they duely cashed. this was about three months ago.

i have recived nothing, when i e mail them i get no reply unless i don't put a baliff ref., then they e mail me just to ask for that, then i here nothing.

any ideas on where to go from here...........

many thanks tony.

[bluebottle]

Re: equita information request

Data Controllers have 40 calendar days from receipt of a Subject Access Request (SAR) in which to comply. Failure to comply can result in the Information Commissioner's Office (ICO) taking enforcement action. What you actually needed to ask for was a Breakdown of Charges, which is a legal requirement on them and they cannot charge you for this.

There are a number of ways of dealing with this, including asking a County Court Registrar to scrutinise their charges. As they keep asking for a bailiff reference and it appears they have not disclosed the name of the bailiff, which is naughty. I would be inclined to play hardball with them.

By all means make a complaint to the ICO. Go to the ICO's website at www.ico.gov.uk and download a complaint form. You should also make a formal complaint against Equita to the OFT's Credit Fitness Team, as Equita hold a Category F Debt Collection Licence. You will need to quote their company name - Equita Limited - and their CCA Licence Number - 483020 - in your complaint. I have attached a simple to follow guide to making a complaint to OFT Credit Fitness Team. Also attached is a copy of the OFT Debt Collection Guidelines. Read through them and list any breaches in your complaint.

Also, send them a letter along the following lines -

Chief Executive
Equita Limited
42-44 Henry Street
Northampton
NN1 4BZ

Dear Sirs,

1. Failure to Comply with Subject Access Request under Section 7, Data Protection Act 1998
2. Failure to Provide A Written breakdown of Charges
3. Notification of Referral of Charges for Scrutiny to A County Court Registrar

Despite my communication to your company of [date], requesting all information you hold on myself and a breakdown of charges relating to PCNs you were instructed by [Name of Local Authority] Council to collect, your company has failed to comply.

On checking with the Enforcement of Road Traffic Debts (Certificated Bailiff) Regulations 1993-2003, I am not satisfied that the charges you have imposed are in accordance with this statutory instrument.

In addition to making a formal complaint to the Information Commissioner's Office in respect of your company's non-compliance with Section 7, Data Protection Act 1998, I shall also be making a formal complaint to the Credit Fitness Team at the Office of Fair Trading as I understand your company holds a Category F Debt Collection Licence under the Consumer Credit Act 1974-2006. Furthermore, I shall also be submitting your charges for scrutiny to the Registrar at [Name of County Court] County Court who can refer a bailiff's conduct to the District Judge at the court that issued their Bailiff Certificate.

Would you, therefore, please confirm, in writing, that the charges are a true, complete and accurate account and in accordance with relevant legislation. This is required within seven calendar days of your company's receipt of this letter, along with the full name(s) of the bailiff(s) involved, the name(s) of the courts that issued their certificates and the relevant dates of issue and expiry.

Yours faithfully,

tonycurtains

Expect a vitriolic response, including allegations of blackmail, or an essay attempting to justify the charges. Let us know what response you receive.

I would recommend you send the letter by Signed For service.

[labman]

Re: equita information request

Force disclosure through the County Court.

[bluebottle]

Re: equita information request

Force disclosure through the County Court.

Refer charges to the Registrar for scrutiny?

[labman]

Re: equita information request

I think you can force the company to comply with a SAR request through the County Court system - could be wrong. I am unsure of costs involved in either course of action.

[bluebottle]

Re: equita information request

I have heard of this, too, but, like yourself, I am unsure as to the costs involved. The OP can always enquire at their local County Court.

[ploddertom]

Re: equita information request

When you submitted your request did you specifically ask for a Subject Access Request? The payment you made for this - did you specifically state it was to be used solely for the SAR and no other purpose?

As for disclosure you have a choice:
1 - via the ICO - will probably take at least 6 months before they even look at it and even iif they find fault with Equita there is no way it can be enforced- probable timescale 12 months.
2 - via the County Court - submit an N1, it is a no money claim so application fee is £150 - you may need to be specific as to what information you believe is missing - at the beginning it is simple as they have disclosed nothing. Timescale can be dependent on whether the initial application stirs them into action or they drag their heels. The Court can enforce disclosure.

I went the 2nd route as the info I was looking for was complicated. It took several hearings and each time they denied they had more but eventually coughed the whole lot as they realised I was like a dog with a bone and was not going to give up. No it was nothing to do with Bailiffs but was against a major multi-national company. If you persevere you can win.

[ploddertom]

Re: equita information request

i have recived nothing, when i e mail them i get no reply unless i don't put a baliff ref., then they e mail me just to ask for that, then i here nothing.

any ideas on where to go from here...........

many thanks tony.

If you have asked for all information then they are being obstructive asking for a Bailiff Ref No.

[bluebottle]

Re: equita information request

See if the letter in Post #2 has any effect first, then follow the advice Labman and Ploddertom have posted. At least, then, if you have to apply to the court, you can show the court you have made attempts to obtain the information you require and that Equita is being obstructive. It follows the adage "Give them enough rope and they will hang themselves."